[Federal Register Volume 61, Number 89 (Tuesday, May 7, 1996)]
[Rules and Regulations]
[Pages 20636-20638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10725]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-CE-02-AD; Amendment 39-9588; AD 96-09-12]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileiro de Aeronautico, S.A. 
Models EMB-110P1 and EMB-110P2 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to Empresa Brasileiro de Aeronautico, S.A. (EMBRAER) Models 
EMB-110P1 and EMB-110P2 airplanes. This action requires revising the 
Airplane Flight Manual (AFM) to provide the flight crew with 
recognition cues for, and procedures for exiting from, severe icing 
conditions, and to limit or prohibit the use of various flight control 
devices. This amendment 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 this AD are intended to 
minimize the potential hazards associated with operating the airplane 
in freezing rain or freezing drizzle conditions by providing more 
clearly defined procedures and limitations associated with such 
conditions.

EFFECTIVE DATE: June 11, 1996.

ADDRESSES: Information that relates to this AD may be examined at the 
Federal Aviation Administration (FAA), Central Region, Office of the 
Assistant Chief Counsel, Attention: Rules Docket 96-CE-02-AD, Room 
1558, 601 E. 12th Street, Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: Mr. John Dow, Aerospace Engineer, FAA, 
Small Airplane Directorate, 1201 Walnut, suite 900, Kansas City, 
Missouri 64106; telephone (816) 426-6934; facsimile (816) 426-2169.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an AD that would apply 
to EMBRAER Models EMB-110P1 and EMB-110P2 airplanes was published in 
the Federal Register on January 25, 1996 (61 FR 2183). The action 
proposed to require revising the Airplane Flight Manual (AFM) to 
specify procedures that would prohibit flight in freezing rain or 
freezing drizzle conditions (as determined by certain visual cues), 
limit or prohibit the use of various flight control devices, and 
provide the flight crew with recognition cues for, and procedures for 
exiting from, severe icing conditions.

Disposition of Comments

    For the disposition of comments on this rulemaking action, see 
Docket No. 96-CE-01; Amendment 39-9587; AD 96-09-11, Airworthiness 
Directives; de Havilland, Inc. DHC-6 Series Airplanes, published 
elsewhere in this issue of the Federal Register.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 169 airplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 1 workhour per 
airplane to accomplish the required action, and that the average labor 
rate is approximately $60 an hour. Since an owner/operator who holds at 
least a private pilot's certificate as authorized by sections 43.7 and 
43.11 of the Federal Aviation Regulations (14 CFR 43.7 and 43.11) can 
accomplish the required action, the only cost impact upon the public is 
the time it would take the affected airplane owner/operators to 
incorporate the AFM revisions.
    In addition, the FAA recognizes that this AD may impose operational 
costs. However, those costs are incalculable

[[Page 20637]]

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 addressed, the FAA has 
determined that continued operational safety necessitates the 
imposition of these costs.

Regulatory Impact

    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

    Authority: 49 USC 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

96-09-12  Empresa Brasileira de Aeronautica, S.A. (EMBRAER): 
Amendment 39-9588; Docket No. 96-CE-02-AD.

    Applicability: Models EMB-110P1 and EMB-110P2 airplanes (all 
serial numbers), 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 (d) 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 must 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 accreted on the airframe in areas not 
normally observed to collect ice.
--Accumulation of ice on the lower surface of the wing aft of the 
protected area.
--Accumulation of ice on the propeller spinner farther aft than 
normally observed.

    <bullet> Since the autopilot 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 icing detection lights must be operative prior to 
flight into 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 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 during extended operation 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) Incorporating the AFM revisions, as required by this AD, may 
be performed by the owner/operator holding at least a private pilot 
certificate as authorized by section 43.7 of the Federal Aviation 
Regulations (14 CFR

[[Page 20638]]

43.7), and must be entered into the aircraft records showing 
compliance with this AD in accordance with section 43.11 of the 
Federal Aviation Regulations (14 CFR 43.11).
    (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.
    (d) 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, Small Airplane Directorate, FAA, 
1201 Walnut, suite 900, Kansas City, Missouri 64106. The request 
shall be forwarded through an appropriate FAA Maintenance Inspector, 
who may add comments and then send it to the Manager, Small Airplane 
Directorate.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate.

    (e) All persons affected by this directive may examine 
information related to this AD at the FAA, Central Region, Office of 
the Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.
    (f) This amendment (39-9588) becomes effective on June 11, 1996.

    Issued in Kansas City, Missouri, on April 24, 1996.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-10725 Filed 5-1-96; 3:23 pm]
BILLING CODE 4910-13-P