[Federal Register Volume 62, Number 179 (Tuesday, September 16, 1997)]
[Proposed Rules]
[Pages 48553-48556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24503]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-173-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-3 and DC-4 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all McDonnell Douglas Model DC-3 
and DC-4 series airplanes. This proposal would require revising the 
Airplane Flight Manual (AFM) to specify procedures that would prohibit 
flight in severe icing conditions (as determined by certain visual 
cues), limit or prohibit the use of various flight control devices 
while in sever icing conditions, and provide the flight crew with 
recognition cues for, and procedures for exiting from, severe icing 
conditions. This proposal is prompted by results of a review of the 
requirements for certification of the airplane in icing conditions, new 
information on the icing environment, and icing data provided currently 
to the flight crews. The actions specified by the proposed AD are 
intended to minimize the potential hazards associated with operating 
the airplane in severe icing conditions by providing more clearly 
defined procedures and limitations associated with such conditions.

DATES: Comments must be received by October 14, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 97-NM-173-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    This information may be examined at the FAA, Transport Airplane 
Directorate, 601 Lind Avenue, SW., Renton, Washington; or at the FAA, 
Transport Airplane Directorate, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California.

FOR FURTHER INFORMATION CONTACT: Albert Lam, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Transport Airplane 
Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount 
Boulevard, Lakewood, California 90712-4137; telephone (562) 627-5346 
fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 97-NM-173-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 97-NM-173-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    In October 1994, a transport category airplane was involved in an 
accident in which severe icing conditions [believed to be composed of 
freezing drizzle or supercooled large droplets (SLD)] were reported in 
the area. Loss of control of the airplane may have occurred because ice 
accretion on the upper surface of the wing aft of the area protected by 
the ice protection system caused airflow separation, which resulted in 
the ailerons being forced to a right-wing-down control position. There 
also is concern that the autopilot, which was

[[Page 48554]]

engaged, may have masked the unusual control forces generated by the 
ice accumulation. These conditions, if not corrected, could result in a 
roll upset from which the flight crew may be unable to recover.
    The atmospheric conditions (freezing drizzle or SLD conditions) 
that may have contributed to the accident are outside the icing 
envelope specified in Appendix C of part 25 of the Federal Aviation 
Regulations (14 CFR part 25) for certification of the airplane. Such 
icing conditions are not defined in Appendix C, and the FAA has not 
required that airplanes be shown to be capable of operating safely in 
those icing conditions.
    The FAA finds that flight crews are not currently provided with 
adequate information necessary to determine when the airplane is 
operating in icing conditions for which the airplane is not 
certificated or what action to take when such conditions are 
encountered. Therefore, the FAA has determined that flight crews must 
be provided with such information and must be made aware of certain 
visual cues that may indicate the airplane is operating in atmospheric 
conditions that are outside the icing envelope.
    Since such information is not available to flight crews, and no 
airplane is certificated for operation in severe icing conditions, such 
as freezing drizzle or SLD conditions, the FAA finds that the 
potentially unsafe condition (described previously as control 
difficulties following operation of the airplane in icing conditions 
outside of the icing envelope) is not limited to airplanes having the 
same type design as that of the accident airplane.
    The FAA recognizes that the flight crew of any airplane that is 
certificated for flight in icing conditions may not have adequate 
information concerning flight in icing conditions outside the icing 
envelope. However, in 1996, the FAA found that the specified unsafe 
condition must be addressed as a higher priority on airplanes equipped 
with pneumatic deicing boots and unpowered roll control systems. These 
airplanes were addressed first because the flight crew of an airplane 
having an unpowered roll control system must rely solely on physical 
strength to counteract roll control anomalies, whereas a roll control 
anomaly that occurs on an airplane having a powered roll control system 
need not be offset directly by the flight crew. The FAA also placed a 
priority on airplanes that are used in regularly scheduled passenger 
service. The FAA issued the following airworthiness directives (AD) 
that addressed airplanes that met these criteria. These AD's identified 
visual cues for recognizing severe icing conditions, procedures for 
exiting these conditions, and prohibitions on the use of various flight 
control devices. These AD's consisted of the following airplane models:

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                  Docket No.                      Manufacturer/airplane model       Federal Register citation   
----------------------------------------------------------------------------------------------------------------
96-CE-01-AD..................................  de Havilland DHC-6 Series.......  61 FR 2175                     
96-CE-02-AD..................................  EMBRAER EMB-110P1/EMB-110P2.....  61 FR 2183                     
96-CE-03-AD..................................  Beech 99/200/1900 Series........  61 FR 2180                     
96-CE-04-AD..................................  Dornier 228 Series..............  61 FR 2172                     
96-CE-05-AD..................................  Cessna 208/208B.................  61 FR 2178                     
96-CE-06-AD..................................  Fairchild Aircraft SA226/SA227    61 FR 2189                     
                                                Series.                                                         
96-CE-07-AD..................................  Jetstream 3101/3201.............  61 FR 2186                     
96-NM-13-AD..................................  Jetstream BAe ATP...............  61 FR 2144                     
96-NM-14-AD..................................  Jetstream 4101..................  61 FR 2142                     
96-NM-15-AD..................................  British Aerospace HS 748 Series.  61 FR 2139                     
96-NM-16-AD..................................  Saab SF340A/SAAB 340B/SAAB 2000   61 FR 2169                     
                                                Series.                                                         
96-NM-17-AD..................................  CASA C-212/CN-235 Series........  61 FR 2166                     
96-NM-18-AD..................................  Dornier 328-100 Series..........  61 FR 2157                     
96-NM-19-AD..................................  EMBRAER EMB-120 Series..........  61 FR 2163                     
96-NM-20-AD..................................  de Havilland DHC-7/DHC-8 Series.  61 FR 2154                     
96-NM-21-AD..................................  Fokker F27 Mark 100/200/300/400/  61 FR 2160                     
                                                500/600/700/050 Series.                                         
96-NM-22-AD..................................  Short Brothers SD3-30/SD3-60/SD3- 61 FR 2151                     
                                                SHERPA Series.                                                  
95-NM-146-AD.................................  Aerospatiale ATR-42/ATR-72        61 FR 2147                     
                                                Series.                                                         
----------------------------------------------------------------------------------------------------------------

    Since issuance of those AD's, the FAA has determined that similar 
AD's should be issued for similarly equipped airplanes that are not 
used in regularly scheduled passenger service. Like the AD's written in 
1996, the proposed rules, described below, also would provide visual 
cues for recognizing severe icing conditions, procedures for exiting 
these conditions, and prohibitions on the use of various flight control 
devices. These proposed rules would apply to part 25 and certain part 
23 airplanes that are equipped with unpowered roll controls and 
pneumatic deicing boots. The part 23 NPRM's address airplanes 
certificated in normal and utility categories (not used in agricultural 
operations) that are used in part 135 on-demand and air-taxi operation, 
and other airplanes regularly exposed to icing conditions. The proposed 
rules affect the following airplanes:

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               Airplane models                         Docket No.       
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Aerospace Technologies of Australia, Models    97-CE-49-AD              
 N22B and N24A.                                                         
Harbin Aircraft Mfg. Corporation, Model Y12    97-CE-50-AD              
 IV.                                                                    
Partenavia Costruzioni Aeronauticas, S.p.A.    97-CE-51-AD              
 Models P68, AP68TP 300, AP68TP 600.                                    
Industrie Aeronautiche e Meccaniche, Rinaldo   97-CE-52-AD              
 Piaggio S.p.A. Model P-180.                                            
Pilatus Aircraft Ltd., Models PC-12 and PC-12/ 97-CE-53-AD              
 45.                                                                    
Pilatus Britten-Norman Ltd., Models BN-2A, BN- 97-CE-54-AD              
 2B, and BN-2T.                                                         
SOCATA--Groupe Aerospatiale, Model TBM-700...  97-CE-55-AD              
Aerostar Aircraft Corporation, Models PA-60-   97-CE-56-AD              
 600, -601, -601P, -602P, and -700P.                                    
Twin Commander Aircraft Corporation, Models    97-CE-57-AD              
 500, -500-A, -500-B, -500-S, -500-U, -520, -                           
 560, -560-A, -560-E, -560-F, -680, -680-E,                             
 and -680FL(P).                                                         
Beech Aircraft Corporation (Raytheon), Models  97-CE-58-AD              
 E55, E55A, 58, 58A, 58P,58PA, 58TC, 58TCA,                             
 60 series, 65-B80 series, 65-B-90 series, 90                           
 series, F90 series, 100 series, 300 series,                            
 and B300 series.                                                       
Beech Aircraft Corporation (Raytheon), Model   97-CE-59-AD              
 2000.                                                                  

[[Page 48555]]

                                                                        
The New Piper Aircraft, Inc., Models PA-46 -   97-CE-60-AD              
 310P and PA-46-350P.                                                   
Piper Aircraft Corporation, Models PA-23, PA-  97-CE-61-AD              
 23-160, PA-23-235, PA-23-250, PA-E23-250, PA-                          
 30, PA-39, PA-40, PA-31, PA-31-300, PA-31-                             
 325, PA-31-350, PA-34-200, PA-34-200T, PA-34-                          
 220T, PA-42, PA-42-720, PA-42-1000.                                    
Cessna Aircraft Company, Models P210N, T210N,  97-CE-62-AD              
 P210R, 501, and 551.                                                   
Cessna Aircraft Company, Models T303, 310R,    97-CE-63-AD              
 T310R, 335, 340A, 402B, 402C, 404, F406,                               
 414, 414A, 421B, 421C, 425, and 441.                                   
SIAI-Marchetti S.r.I. (Augusta), Models SF600  97-CE-64-AD              
 and SF600A.                                                            
Cessna Aircraft Company, Models 500, 550, and  97-NM-170-AD             
 560 Series Airplanes.                                                  
Sabreliner Corporation, Models 40, 60, 70,     97-NM-171-AD             
 and 80 Series Airplanes.                                               
Gulfstream Aerospace, Model G-159 Series       97-NM-172-AD             
 Airplanes.                                                             
McDonnell Douglas, Models DC-3 and DC-4        97-NM-173-AD             
 Series Airplanes.                                                      
Mitsubishi Heavy Industries, Model YS-11 and   97-NM-174-AD             
 YS-11A Series Airplanes.                                               
Frakes Aviation, Model G-73 (Mallard) and G-   97-NM-175-AD             
 73T Series Airplanes.                                                  
Lockheed, Models L-14 and L-18 Series          97-NM-176-AD             
 Airplanes.                                                             
Fairchild, Models F27 and FH227 Series         97-NM-177-AD.            
 Airplanes.                                                             
------------------------------------------------------------------------

The FAA's Determination

    Following examination of all relevant information, the FAA has 
determined that certain limitations and procedures should be included 
in the FAA-approved Airplane Flight Manual (AFM) for the affected 
airplanes as follows:
    <bullet> All McDonnell Douglas Model DC-3 and DC-4 series airplanes 
must be prohibited from flight in severe icing conditions (as 
determined by certain visual cues), and
    <bullet> Flight crews must be provided with information that would 
minimize the potential hazards associated with operating the airplane 
in severe icing conditions.
    The FAA has determined that such limitations and procedures 
currently are not defined adequately in the AFM for these airplanes.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified in which an 
unrecoverable roll upset may occur as a result of exposure to severe 
icing conditions that are outside the icing limits for which the 
airplane was certificated, the proposed AD would require revising the 
Limitations Section of the FAA-approved AFM to specify procedures that 
would:
    <bullet> require flight crews to immediately request priority 
handling from Air Traffic Control to exit severe icing conditions (as 
determined by certain visual cues)
    <bullet> prohibit flight in severe icing conditions (as determined 
by certain visual cues)
    <bullet> prohibit use of the autopilot when ice is formed aft of 
the protected surfaces of the wing, or when an unusual lateral trim 
condition exists; and
    <bullet> require that all wing icing inspection lights be operative 
prior to flight into known or forecast icing conditions at night.
    This proposed AD would also require revising the Normal Procedures 
Section of the FAA-approved AFM to specify procedures that would:
    <bullet> limit the use of the flaps and prohibit the use of the 
autopilot when ice is observed forming aft of the protected surfaces of 
the wing, or if unusual lateral trim requirements or autopilot trim 
warnings are encountered; and
    <bullet> provide the flight crew with recognition cues for, and 
procedures for exiting from, severe icing conditions.

Cost Impact

    There are approximately 300 McDonnell Douglas Model DC-3 and DC-4 
series airplanes of the affected design in the worldwide fleet. The FAA 
estimates that 166 airplanes of U.S. registry would be affected by this 
proposed AD, that it would take approximately 1 work hour per airplane 
to accomplish the proposed actions, and that the average labor rate is 
$60 per work hour. Based on these figures, the cost impact of the 
proposed AD on U.S. operators is estimated to be $9,960, or $60 per 
airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted.
    In addition, the FAA recognizes that the proposed action may impose 
operational costs. However, these costs are incalculable because the 
frequency of occurrence of the specified conditions and the associated 
additional flight time cannot be determined. Nevertheless, because of 
the severity of the unsafe condition, the FAA has determined that 
continued operational safety necessitates the imposition of the costs.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

[[Page 48556]]

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

McDonnell Douglas: Docket 97-NM-173-AD.

    Applicability: All Model DC-3 and DC-4 series airplanes, 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.
    Compliance: Required as indicated, unless accomplished 
previously.
    To minimize the potential hazards associated with operating the 
airplane in severe icing conditions by providing more clearly 
defined procedures and limitations associated with such conditions, 
accomplish the following:
    (a) Within 30 days after the effective date of this AD, 
accomplish the requirements of paragraphs (a)(1) and (a)(2) of this 
AD.

    Note 2: Operators should initiate action to notify and ensure 
that flight crewmembers are apprised of this change.

    (1) Revise the FAA-approved Airplane Flight Manual (AFM) by 
incorporating the following into the Limitations Section of the AFM. 
This may be accomplished by inserting a copy of this AD in the AFM.

``Warning

    Severe icing may result from environmental conditions outside of 
those for which the airplane is certificated. Flight in freezing 
rain, freezing drizzle, or mixed icing conditions (supercooled 
liquid water and ice crystals) may result in ice build-up on 
protected surfaces exceeding the capability of the ice protection 
system, or may result in ice forming aft of the protected surfaces. 
This ice may not be shed using the ice protection systems, and may 
seriously degrade the performance and controllability of the 
airplane.
    <bullet> During flight, severe icing conditions that exceed 
those for which the airplane is certificated shall be determined by 
the following visual cues. If one or more of these visual cues 
exists, immediately request priority handling from Air Traffic 
Control to facilitate a route or an altitude change to exit the 
icing conditions.

--Unusually extensive ice accumulation on the airframe and 
windshield in areas not normally observed to collect ice.
--Accumulation of ice on the upper surface of the wing aft of the 
protected area.
--Accumulation of ice on the engine nacelles and propeller spinners 
farther aft than normally observed.

    <bullet> Since the autopilot, when installed and operating, may 
mask tactile cues that indicate adverse changes in handling 
characteristics, use of the autopilot is prohibited when any of the 
visual cues specified above exist, or when unusual lateral trim 
requirements or autopilot trim warnings are encountered while the 
airplane is in icing conditions.
    <bullet> All wing icing inspection lights must be operative 
prior to flight into known or forecast icing conditions at night. 
[NOTE: This supersedes any relief provided by the Master Minimum 
Equipment List (MMEL).]''
    (2) Revise the FAA-approved AFM by incorporating the following 
into the Normal Procedures Section of the AFM. This may be 
accomplished by inserting a copy of this AD in the AFM.

``THE FOLLOWING WEATHER CONDITIONS MAY BE CONDUCIVE TO SEVERE IN-FLIGHT 
ICING

    <bullet> Visible rain at temperatures below 0 degrees Celsius 
ambient air temperature.
    <bullet> Droplets that splash or splatter on impact at 
temperatures below 0 degrees Celsius ambient air temperature.

PROCEDURES FOR EXITING THE SEVERE ICING ENVIRONMENT

    These procedures are applicable to all flight phases from 
takeoff to landing. Monitor the ambient air temperature. While 
severe icing may form at temperatures as cold as -18 degrees 
Celsius, increased vigilance is warranted at temperatures around 
freezing with visible moisture present. If the visual cues specified 
in the Limitations Section of the AFM for identifying severe icing 
conditions are observed, accomplish the following:
    <bullet> Immediately request priority handling from Air Traffic 
Control to facilitate a route or an altitude change to exit the 
severe icing conditions in order to avoid extended exposure to 
flight conditions more severe than those for which the airplane has 
been certificated.
    <bullet> Avoid abrupt and excessive maneuvering that may 
exacerbate control difficulties.
    <bullet> Do not engage the autopilot.
    <bullet> If the autopilot is engaged, hold the control wheel 
firmly and disengage the autopilot.
    <bullet> If an unusual roll response or uncommanded roll control 
movement is observed, reduce the angle-of-attack.
    <bullet> Do not extend flaps when holding in icing conditions. 
Operation with flaps extended can result in a reduced wing angle-of-
attack, with the possibility of ice forming on the upper surface 
further aft on the wing than normal, possibly aft of the protected 
area.
    <bullet> If the flaps are extended, do not retract them until 
the airframe is clear of ice.
    <bullet> Report these weather conditions to Air Traffic 
Control.''
    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Los Angeles Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate. The request shall 
be forwarded through an appropriate FAA Operations Inspector, who 
may add comments and then send it to the Manager, Los Angeles ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Issued in Renton, Washington, on September 10, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-24503 Filed 9-15-97; 8:45 am]
BILLING CODE 4910-13-P