Airworthiness Directives; The Cessna Aircraft Company Models C208 and C208B Airplanes, 15223-15227 [05-5915]
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Federal Register / Vol. 70, No. 57 / Friday, March 25, 2005 / Rules and Regulations
(b) Any producer entitled to any
payment may assign any payments in
accordance with regulations governing
assignment of payment found at 7 CFR
part 1404.
DEPARTMENT OF TRANSPORTATION
§ 1469.36 Misrepresentation and scheme
or device.
[Docket No. FAA–2005–20514; Directorate
Identifier 2005–CE–08–AD; Amendment 39–
14025; AD 2005–07–01]
(a) If the Department determines that
a participant erroneously represented
any fact affecting a CSP determination
made in accordance with this part, the
participant’s conservation stewardship
contract will be terminated immediately
in accordance with § 1469.25(b). The
participant will forfeit all rights for
future contract payments, and must
refund payments received, plus interest,
and liquidated damages as described in
§ 1469.25.
(b) A producer who is determined to
have knowingly:
(1) Adopted any scheme or device
that tends to defeat the purpose of CSP;
(2) Made any fraudulent
representation; or
(3) Misrepresented any fact affecting a
CSP determination, must refund to
NRCS all payments, plus interest, and
liquidated damages as determined in
accordance with § 1469.25 received by
such participant with respect to all
contracts. In addition, NRCS will
terminate the participant’s interest in all
conservation stewardship contracts.
(c) If the producer acquires land
subsequent to enrollment in CSP, that
land is not considered part of the
agricultural operation; however, if the
land was previously owned or
controlled by them before the date of
enrollment and after May 13, 2002, then
NRCS will conduct an investigation into
the activity to see if there was a scheme
or device.
Signed in Washington, DC, on March 18,
2005.
Bruce I. Knight,
Vice President, Commodity Credit
Corporation, Chief, Natural Resources
Conservation Service.
[FR Doc. 05–5894 Filed 3–24–05; 8:45 am]
BILLING CODE 3410–16–P
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Federal Aviation Administration
14 CFR Part 39
RIN 2120–AA64
Airworthiness Directives; The Cessna
Aircraft Company Models C208 and
C208B Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all The
Cessna Aircraft Company (Cessna)
Models 208 and 208B airplanes. This
AD requires you to incorporate
information into the applicable section
of the Airplane Flight Manual (AFM).
This AD results from several accidents/
incidents of problems with the affected
airplanes during operations in icing
conditions, including six accidents in
the previous two icing seasons and nine
events in the past few months. We are
issuing this AD to assure that the pilot
has enough information to prevent loss
of control of the airplane while in-flight
during icing conditions.
DATES: This AD becomes effective on
March 29, 2005.
We must receive any comments on
this AD by April 30, 2005.
ADDRESSES: Use one of the following to
submit comments on this AD:
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
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Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
001.
• Fax: 1–202–493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• To get the service information
identified in this proposed AD, contact
The Cessna Aircraft Company, Product
Support, PO Box 7706, Wichita, Kansas
67277–7706; telephone: (316) 517–5800;
facsimile: (316) 942–9006.
To view the comments to this AD, go
to https://dms.dot.gov. The docket
number is FAA–2005–20514;
Directorate Identifier 2005–CE–08–AD.
Paul
Pellicano, Aerospace Engineer (Icing),
FAA, Small Airplane Directorate, c/o
Atlanta Aircraft Certification Office
(ACO), One Crown Center, 1985
Phoenix Boulevard, Suite 450, Atlanta,
GA 30349; telephone: (770) 703–6064;
facsimile: (770) 703–6097.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
What events have caused this AD?
The FAA has received several reports of
accidents/incidents concerning
problems with Cessna Models C208 and
C208B airplanes during operations in
icing conditions. This includes a total of
six accidents in the previous two icing
seasons and nine events in the past few
months. Most of the accidents occur on
approach and landing. One-third are
suspected to be in supercooled large
droplets, icing conditions outside the 14
CFR part 25 Appendix C certification
envelope. The Cessna Models C208 and
C208B are certificated to 14 CFR part 23,
but 14 CFR part 23 references 14 CFR
part 25 Appendix C for icing
certification. The following chart shows
the monthly breakdown of the icing
accidents/incidents of the affected
airplanes:
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Federal Register / Vol. 70, No. 57 / Friday, March 25, 2005 / Rules and Regulations
The information shows that icing
accidents/incidents are just as prevalent
or more prevalent during the months of
March and April than in November,
December, and January. Therefore, the
next month is critical for the continued
operational safety of the Cessna Models
C208 and C208B in icing conditions.
What is the potential impact if FAA
took no action? If the pilot does not
have enough information on flight into
icing conditions in the Airplane Flight
Document
Affects
Temporary Revision 208PHTR04, dated March
2, 2005, to the FAA-approved Airplane Flight
Manual.
Revision 5 of of the 208 (675 SHP) FAA-approved Flight Supplement 1 ‘‘Known Icing
Equipment’’, Cessna document D1352–S1–
05, dated March 2, 2005.
Revision 5 of of the 208 (600 SHP) FAA-approved Flight Manual Supplement S1 ‘‘Known
Icing Equipment’’, Cessna document D1307–
S1–05, dated March 2, 2005.
Revision 6 of the 208B (675 SHP) FAA-approved Flight Manual Supplement S1 ‘‘Known
Icing Equipment’’, Cessna document D1329–
S1–06, dated March 2, 2005.
Revision 5 of the 208B (600 SHP) FAA-approved Flight Manual Supplement S1 ‘‘Known
Icing Equipment’’, Cessna document D1309–
S1–05, dated March 2, 2005.
FAA’s Determination and Requirements
of the AD
What has FAA decided? We have
evaluated all pertinent information and
identified an unsafe condition that is
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Manual (AFM), then loss of control of
the airplane could occur.
Is there service information that
applies to this subject? Cessna has
developed revisions to the FAAapproved AFM to address this issue, as
follows:
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Cessna Model 208, all models and serial numbers.
Cessna Model C208 airplanes with a Pratt & Whitney Canada Ltd., PT6A–114A turboprop engine installed (675 SHP) or FAA-approved engine of equivalent horsepower installed, except
airplanes modified by Supplemental Type Manual Certificate SA00892WI.
Cessna Model C208 airplanes with a Pratt & Whitney Canada Ltd., PT6A–114 turboprop engine installed (600 SHP) or FAA-approved engine of equivalent horsepower approved installed, except airplanes modified by Supplemental Type Certificate SA00892WI.
Cessna Model C208B airplanes with a Pratt & Whitney of Canada Ltd., PT6A–114A turboprop
engine installed (675 SHP) or FAA-approved engine of equivalent horsepower installed, except airplanes modified by Supplemental Type Certificate SA00892WI.
Cessna Model C208B airplanes with a Pratt & Whitney of Canada Ltd., PT6A–114 turboprop
engine installed (600 SHP) or FAA-approved engine of equivalent horsepower installed, except airplanes modified by Supplemental Type Certificate SA00892WI.
likely to exist or develop on other
products of the same type design.
Since the unsafe condition described
previously is likely to exist or develop
on other type design Cessna Models
C208 and C208B airplanes, we are
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issuing this AD to assure that the pilot
has enough information to prevent loss
of control of the airplane while in-flight
during icing conditions.
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Federal Register / Vol. 70, No. 57 / Friday, March 25, 2005 / Rules and Regulations
What does this AD require? This AD
requires you to incorporate the abovereferenced documents into the AFM.
In preparing this rule, we contacted
type clubs and aircraft operators to get
technical information and information
on operational and economic impacts.
We did not receive any information
through these contacts that influenced
our decision. The majority of the
respondents supported the
dissemination of the information in the
revised AFM.
How does the revision to 14 CFR part
39 affect this AD? On July 10, 2002, we
published a new version of 14 CFR part
39 (67 FR 47997, July 22, 2002), which
governs FAA’s AD system. This
regulation now includes material that
relates to altered products, special flight
permits, and alternative methods of
compliance. This material previously
was included in each individual AD.
Since this material is included in 14
CFR part 39, we will not include it in
future AD actions.
Comments Invited
Will I have the opportunity to
comment before you issue the rule? This
AD is a final rule that involves
requirements affecting flight safety and
was not preceded by notice and an
opportunity for public comment;
however, we invite you to submit any
written relevant data, views, or
arguments regarding this AD. Send your
comments to an address listed under
ADDRESSES. Include ‘‘Docket No. FAA–
2005–20514; Directorate Identifier
2005–CE–08–AD’’ in the subject line of
your comments. If you want us to
acknowledge receipt of your mailed
comments, send us a self-addressed,
stamped postcard with the docket
number written on it; we will datestamp your postcard and mail it back to
you. We specifically invite comments
on the overall regulatory, economic,
environmental, and energy aspects of
the rule that might suggest a need to
modify it. If a person contacts us
through a nonwritten communication,
and that contact relates to a substantive
part of this AD, we will summarize the
contact and place the summary in the
docket. We will consider all comments
received by the closing date and may
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amend the AD in light of those
comments.
Directorate Identifier 2005–CE–08–AD’’
in your request.
Authority for This Rulemaking
What authority does FAA have for
issuing this rulemaking action? Title 49
of the United States Code specifies the
FAA’s authority to issue rules on
aviation safety. Subtitle I, Section 106
describes the authority of the FAA
Administrator. Subtitle VII, Aviation
Programs, describes in more detail the
scope of the agency’s authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this AD.
List of Subjects in 14 CFR Part 39
Regulatory Findings
Will this AD impact various entities?
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect 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.
Will this AD involve a significant rule
or regulatory action? For the reasons
discussed above, I certify that this AD:
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. 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.
We prepared a summary of the costs
to comply with this AD and placed it in
the AD Docket. You may get a copy of
this summary by sending a request to us
at the address listed under ADDRESSES.
Include ‘‘AD Docket FAA–2005–20514;
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Air transportation, Aircraft, Aviation
safety, Safety.
Adoption of the Amendment
Accordingly, under 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:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
I
2005–07–01 The Cessna Aircraft Company:
Amendment 39–14025; Docket No.
FAA–2005–20514; Directorate Identifier
2005–CE–08–AD.
When Does This AD Become Effective?
(a) This AD becomes effective on March 29,
2005.
Are Any Other ADs Affected by This Action?
(b) None.
What Airplanes Are Affected by This AD?
(c) This AD affects Models C208 and
C208B, all serial numbers, that are
certificated in any category.
What Is the Unsafe Condition Presented in
This AD?
(d) This AD results from several accidents/
incidents of problems with the affected
airplanes during operations in icing
condition, including six accidents in the
previous two icing seasons and nine events
in the past few months. We are issuing this
AD to assure that the pilot has enough
information to prevent loss of control of the
airplane while in-flight during icing
conditions.
What Must I Do To Address This Problem?
(e) No later than April 1, 2005 (3 days after
March 29, 2005, which is the effective date
of this AD), incorporate the following
revisions into the Airplane Flight Manual:
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Federal Register / Vol. 70, No. 57 / Friday, March 25, 2005 / Rules and Regulations
Revise the Performance Section (Section 5)
of the AFM Supplement by inserting the following text (this may be done by inserting a
copy of this AD in the AFM Supplement)
Affected airplanes
Incorporate the following AFM revision
document
(1) Cessna Model C208 airplanes and Model
C208B airplanes, all serial numbers.
Section 2: Limitations and Section 4: Normal
Procedures:
Temporary
Revision
208PHTR04, dated March 2, 2005, to the
Pilots Operating Handbook (POH) and
FAA-approved Airplane Flight Manual
(AFM), except replace the Limitations (Section 2) of the Temporary Revision
208PHTR04 to the POH/FAA-approved
AFM with the Appendix to this AD. (This
may be done by inserting a copy of this AD
into the POH/AFM.).
None.
(2) Cessna Model C208 airplanes with a Pratt
& Whitney of Canada Ltd., PT6A–114A turboprop engine installed (675 SHP) or FAAapproved engine of equivalent horsepower
installed, except airplanes modified by Supplemental Type Certificate SA0892WI.
Section 9: Optional Systems Description and
Operating Procedures: Revision 5 of the
208 (675 SHP) POH/FAA-approved AFM
Supplement S1 ‘‘Known Icing Equipment’’
Cessna document D1352–S1–05, dated
March 2, 2005.
WARNING: The stall warning system has not
been tested in all icing conditions and
should not be relied upon in icing conditions.
(3) Cessna Model C208 airplanes with a Pratt
& Whitney of Canada Ltd., PT6A–114 turboprop engine installed (600 SHP) or FAA-approved engine of equivalent horsepower installed, except airplanes modified by Supplemental Type Certificate SA00892WI.
Section 9: Optional Systems Description and
Operating Procedures Revision 5 of the
Cessna Model 208 (600 SHP) POH/FAAapproved AFM Supplement S1 ‘‘Known
Icing Equipment’’, Cessna document
D1307–S1–05, dated March 2, 2005, except incorporate the Appendix to this AD
into paragraphs ‘‘PREFLIGHT’’ and ‘‘VISUAL/TACTILE CHECK’’ of the Limitations
Section of the POH/FAA-approved AFM
Supplement S1 ‘‘Known Icing Equipment’’.
WARNING: The stall warning system has not
been tested in all icing conditions and
should not be relied upon in icing conditions.
(4) Cessna Model C208B airplanes with a Pratt
& Whitney of Canada Ltd., PT6A–114A turboprop engine installed (675 SHP) or FAAapproved engine of equivalent horsepower
installed, except airplanes modified by Supplemental Type Certificate SA00892WI.
Section 9: Optional Systems Description and
Operating Procedures Revision 6 of the
208B (675 SHP) POH/FAA-approved AFM
Supplement S1 ‘‘Known Icing Equipment’’,
Cessna document D1329–S1–06, dated
March 2, 2005.
WARNING: The stall warning system has not
been tested in all icing conditions and
should not be relied upon in icing conditions.
(5) Cessna Model C208B airplanes with a Pratt
& Whitney of Canada Ltd., PT6A–114A turboprop engine installed (600 SHP) or FAAapproved engine of equivalent horsepower
installed, except airplanes modified by Supplemental Type Certificate SA00892WI.
Section 9: Optional Systems Description and
Operating Procedures Revision 5 of the
208B (600 SHP) POH/FAA-approved AFM
Supplement S1 ‘‘Known Icing Equipment’’,
Cessna document D1309–S1–05, dated
March 2, 2005.
WARNING: The stall warning system has not
been tested in all icing conditions and
should not be relied upon in icing conditions.
(f) The owner/operator holding at least a
private pilot certificate as authorized by
section 43.7 of the Federal Aviation
Regulations (14 CFR 43.7) may do the flight
manual changes requirement of this AD.
Make an entry in the aircraft records showing
compliance with this portion of the AD
following section 43.9 of the Federal
Aviation Regulations (14 CFR 43.9).
Atlanta, GA 30349; telephone: (770) 703–
6064; facsimile: (770) 703–6097. For
information on any already approved
alternative methods of compliance, contact
Paul Pellicano at the address and phone
number above.
May I Request an Alternative Method of
Compliance?
(g) You may request a different method of
compliance or a different compliance time
for this AD by following the procedures in 14
CFR 39.19. Unless FAA authorizes otherwise,
send your request to your principal
inspector. The principal inspector may add
comments and will send your request to the
Manager, Standards Staff, Small Airplane
Directorate, FAA, c/o Paul Pellicano,
Aerospace Engineer (Icing), FAA, Small
Airplane Directorate, c/o Atlanta Aircraft
Certification Office (ACO), One Crown
Center, 1895 Phoenix Boulevard, Suite 450,
(h) You may obtain the service information
referenced in this AD from The Cessna
Aircraft Company, Product Support, PO Box
7706, Wichita, Kansas 67277–7706;
telephone: (316) 517–5800; facsimile: (316)
942–9006. To view the AD docket, go to the
Docket Management Facility; U.S.
Department of Transportation, 400 Seventh
Street, SW., Nassif Building, Room PL–401,
Washington, DC, or on the Internet at
https://dms.dot.gov. This is docket number
FAA–2005–20048; Directorate Identifier
2005–CE–08–AD.
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May I Get Copies of the Document
Referenced in this AD?
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Appendix to AD 2005–07–01, Amendment
39–14025
[Docket No. FAA–2005–20514; Directorate
Identifier 2005–CE–08–AD]
Preflight
Takeoff is prohibited with any frost, ice,
snow, or slush adhering to the wings,
horizontal stabilizer, control surfaces,
propeller blades, and engine inlets.
Warning
Even small amounts of frost, ice, and snow,
or slush on the wing may adversely change
lift and drag. Failure to remove these
contaminants will degrade airplane
performance and may prevent a safe takeoff
and climbout.
Visual/Tactile Check
In addition to a visual check, a tactile
check of the wing leading edge, wing upper
surface (up to two feet behind the deicing
boot at on-span location as a minimum),
horizontal tail leading edge, and propeller
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Federal Register / Vol. 70, No. 57 / Friday, March 25, 2005 / Rules and Regulations
blades is required if the outside air
temperature (OAT) is below 5° C (41° F) and
visible moisture (rain, drizzle, sleet, snow,
fog etc.) is present or the airplane was
exposed to visible moisture (rain, drizzle,
sleet, snow, fog etc.) since the previous
landing; or the airplane experienced in-flight
ice accretion since the previous takeoff; or
the difference between the dew point
temperature and the OAT is 3° C (5° F) or
less; or water is present on the wing.
Reference the preflight procedures in Section
4 of the basic Pilot’s Operating Handbook.
(Catalog of Federal Domestic Assistance
Programs Nos. 96.001, Social Security—
Disability Insurance; 96.002, Social
Security—Retirement Insurance; 96.004,
Social Security—Survivors Insurance)
Issued in Kansas City, Missouri, on March
21, 2005.
David R. Showers,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–5915 Filed 3–24–05; 8:45 am]
Dated: March 21, 2005.
Martin Sussman,
Regulations Officer.
BILLING CODE 4910–13–P
List of Subjects in 20 CFR Part 404
Administrative practice and
procedure, Blind, Disability benefits,
Old-Age, Survivors and Disability
Insurance, Reporting and recordkeeping
requirements, Social Security.
Subpart P—[Amended]
RIN 0960–AD67
I
1. The authority citation for subpart P
continues to read as follows:
Social Security Administration.
Final rule; correcting
amendments.
ACTION:
SUMMARY: This document corrects two
cross-references in the final rules we
published in the Federal Register on
November 15, 2004 (69 FR 67017).
These final rules revised the criteria in
the Listing of Impairments (the listings)
that we use to evaluate claims involving
malignant neoplastic diseases.
EFFECTIVE DATE: Effective on March 25,
2005.
FOR FURTHER INFORMATION CONTACT:
Suzanne DiMarino, Social Insurance
Specialist, 6401 Security Boulevard,
Baltimore, MD 21235–6401. Call (410)
965–1769 or TTY 1–800–325–0778 for
information about these correcting
amendments. For information on
eligibility or filing for benefits, call our
national toll-free number 1–(800) 772–
1213 or TTY 1–(800) 325–0778. You
may also contact Social Security Online
at https://www.socialsecurity.gov/.
SUPPLEMENTARY INFORMATION: We are
making two corrections to listing 13.00
in appendix 1 of subpart P of part 404
of our regulations that was published in
the Federal Register on November 15,
2004 (69 FR 67017). The first correction
revises the cross-reference in the last
sentence of listing 13.00K1b. The
second correction revises the crossreferences in the heading of listing
13.02.
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FOR FURTHER INFORMATION CONTACT:
Theresa Abell, (202) 622–7700 or Martin
Huck, (202) 622–7750 (not toll-free
numbers).
Background
For the reasons set out in the preamble,
The final and temporary regulations
subpart P of part 404 of chapter III of title
20 of the Code of Federal Regulations is (TD 9187) that is the subject of this
corrected by making the following
correction is under sections 337(d) and
correcting amendments:
1502 of the Internal Revenue Code.
[Regulation No. 4]
AGENCY:
This correction is effective on
April 4, 2005.
DATES:
I
20 CFR Part 404
Technical Amendments To Change
Cross-References
published in the Federal Register on
Thursday, March 3, 2005 (70 FR 10319),
that disallows certain losses recognized
on sales of subsidiary stock by members
of a consolidated group.
SUPPLEMENTARY INFORMATION:
PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950–)
SOCIAL SECURITY ADMINISTRATION
15227
Authority: Secs. 202, 205(a), (b), and (d)–
(h), 216(i), 221(a) and (i), 222(c), 223, 225,
and 702(a)(5) of the Social Security Act (42
U.S.C. 402, 405(a), (b), and (d)–(h), 416(i),
421(a) and (i), 422(c), 423, 425, and
902(a)(5)); sec. 211(b), Pub. L. 104–193, 110
Stat. 2105, 2189.
Appendix 1 to Subpart P of Part 404—
[Amended]
2. Amend Appendix 1 to subpart P as
follows:
I a. In Listing 13.00K1b, revise the
reference ‘‘13.55A2a’’ in the last
sentence to read ‘‘13.05A2.’’
I b. In the heading of Listing 13.02,
revise the references to ‘‘13.06’’ and
‘‘13.07’’ to read ‘‘13.08’’ and ‘‘13.09,’’
respectively.
I
[FR Doc. 05–5921 Filed 3–24–05; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9187]
RIN 1545–BA52
Loss Limitation Rules; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
AGENCY:
This document corrects final
regulations (TD 9187) that were
SUMMARY:
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Need for Correction
As published, (TD 9187) contains an
error that may prove to be misleading
and is in need of clarification.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Correction of Publication
Accordingly, 26 CFR part 1 is corrected
by making the following correcting
amendment:
I
PART 1—INCOME TAXES
Paragraph 1. The authority citation for
part 1 continues to read in part as
follows:
I
Authority: 26 U.S.C. 7805 * * *
§ 1.1502–20
[Corrected]
Section 1.1502–20(i)(3)(viii), second
sentence, the language ‘‘Any
reapportionment of a section 382
limitation made pursuant to the
previous sentence shall have the effects
described in paragraphs (i)(3)(iii)(D)(ii)
and (iii) of this section.’’ is removed and
the language ‘‘Any reapportionment of a
section 382 limitation made pursuant to
the previous sentence shall have the
effects described in paragraph (i)(3),
(iii)(D)(2) and (3) of this section.’’ is
added in its place.
Cynthia E. Grigsby,
Acting Chief, Publications and Regulations
Branch, Legal Processing Division, Associate
Chief Counsel (Procedures and
Administration).
[FR Doc. 05–5969 Filed 3–24–05; 8:45 am]
BILLING CODE 4830–01–P
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]]>Agencies
[Federal Register Volume 70, Number 57 (Friday, March 25, 2005)]
[Rules and Regulations]
[Pages 15223-15227]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5915]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20514; Directorate Identifier 2005-CE-08-AD;
Amendment 39-14025; AD 2005-07-01]
RIN 2120-AA64
Airworthiness Directives; The Cessna Aircraft Company Models C208
and C208B Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Cessna Aircraft Company (Cessna) Models 208 and 208B airplanes.
This AD requires you to incorporate information into the applicable
section of the Airplane Flight Manual (AFM). This AD results from
several accidents/incidents of problems with the affected airplanes
during operations in icing conditions, including six accidents in the
previous two icing seasons and nine events in the past few months. We
are issuing this AD to assure that the pilot has enough information to
prevent loss of control of the airplane while in-flight during icing
conditions.
DATES: This AD becomes effective on March 29, 2005.
We must receive any comments on this AD by April 30, 2005.
ADDRESSES: Use one of the following to submit comments on this AD:
DOT Docket Web site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to https://
www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
Fax: 1-202-493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
To get the service information identified in this proposed
AD, contact The Cessna Aircraft Company, Product Support, PO Box 7706,
Wichita, Kansas 67277-7706; telephone: (316) 517-5800; facsimile: (316)
942-9006.
To view the comments to this AD, go to https://dms.dot.gov. The
docket number is FAA-2005-20514; Directorate Identifier 2005-CE-08-AD.
FOR FURTHER INFORMATION CONTACT: Paul Pellicano, Aerospace Engineer
(Icing), FAA, Small Airplane Directorate, c/o Atlanta Aircraft
Certification Office (ACO), One Crown Center, 1985 Phoenix Boulevard,
Suite 450, Atlanta, GA 30349; telephone: (770) 703-6064; facsimile:
(770) 703-6097.
SUPPLEMENTARY INFORMATION:
What events have caused this AD? The FAA has received several
reports of accidents/incidents concerning problems with Cessna Models
C208 and C208B airplanes during operations in icing conditions. This
includes a total of six accidents in the previous two icing seasons and
nine events in the past few months. Most of the accidents occur on
approach and landing. One-third are suspected to be in supercooled
large droplets, icing conditions outside the 14 CFR part 25 Appendix C
certification envelope. The Cessna Models C208 and C208B are
certificated to 14 CFR part 23, but 14 CFR part 23 references 14 CFR
part 25 Appendix C for icing certification. The following chart shows
the monthly breakdown of the icing accidents/incidents of the affected
airplanes:
[[Page 15224]]
[GRAPHIC] [TIFF OMITTED] TR25MR05.105
The information shows that icing accidents/incidents are just as
prevalent or more prevalent during the months of March and April than
in November, December, and January. Therefore, the next month is
critical for the continued operational safety of the Cessna Models C208
and C208B in icing conditions.
What is the potential impact if FAA took no action? If the pilot
does not have enough information on flight into icing conditions in the
Airplane Flight Manual (AFM), then loss of control of the airplane
could occur.
Is there service information that applies to this subject? Cessna
has developed revisions to the FAA-approved AFM to address this issue,
as follows:
------------------------------------------------------------------------
Document Affects
------------------------------------------------------------------------
Temporary Revision 208PHTR04, Cessna Model 208, all models and serial
dated March 2, 2005, to the numbers.
FAA-approved Airplane Flight
Manual.
Revision 5 of of the 208 (675 Cessna Model C208 airplanes with a Pratt
SHP) FAA-approved Flight & Whitney Canada Ltd., PT6A-114A
Supplement 1 ``Known Icing turboprop engine installed (675 SHP) or
Equipment'', Cessna document FAA-approved engine of equivalent
D1352-S1-05, dated March 2, horsepower installed, except airplanes
2005. modified by Supplemental Type Manual
Certificate SA00892WI.
Revision 5 of of the 208 (600 Cessna Model C208 airplanes with a Pratt
SHP) FAA-approved Flight & Whitney Canada Ltd., PT6A-114
Manual Supplement S1 ``Known turboprop engine installed (600 SHP) or
Icing Equipment'', Cessna FAA-approved engine of equivalent
document D1307-S1-05, dated horsepower approved installed, except
March 2, 2005. airplanes modified by Supplemental Type
Certificate SA00892WI.
Revision 6 of the 208B (675 Cessna Model C208B airplanes with a Pratt
SHP) FAA-approved Flight & Whitney of Canada Ltd., PT6A-114A
Manual Supplement S1 ``Known turboprop engine installed (675 SHP) or
Icing Equipment'', Cessna FAA-approved engine of equivalent
document D1329-S1-06, dated horsepower installed, except airplanes
March 2, 2005. modified by Supplemental Type
Certificate SA00892WI.
Revision 5 of the 208B (600 Cessna Model C208B airplanes with a Pratt
SHP) FAA-approved Flight & Whitney of Canada Ltd., PT6A-114
Manual Supplement S1 ``Known turboprop engine installed (600 SHP) or
Icing Equipment'', Cessna FAA-approved engine of equivalent
document D1309-S1-05, dated horsepower installed, except airplanes
March 2, 2005. modified by Supplemental Type
Certificate SA00892WI.
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FAA's Determination and Requirements of the AD
What has FAA decided? We have evaluated all pertinent information
and identified an unsafe condition that is likely to exist or develop
on other products of the same type design.
Since the unsafe condition described previously is likely to exist
or develop on other type design Cessna Models C208 and C208B airplanes,
we are issuing this AD to assure that the pilot has enough information
to prevent loss of control of the airplane while in-flight during icing
conditions.
[[Page 15225]]
What does this AD require? This AD requires you to incorporate the
above-referenced documents into the AFM.
In preparing this rule, we contacted type clubs and aircraft
operators to get technical information and information on operational
and economic impacts. We did not receive any information through these
contacts that influenced our decision. The majority of the respondents
supported the dissemination of the information in the revised AFM.
How does the revision to 14 CFR part 39 affect this AD? On July 10,
2002, we published a new version of 14 CFR part 39 (67 FR 47997, July
22, 2002), which governs FAA's AD system. This regulation now includes
material that relates to altered products, special flight permits, and
alternative methods of compliance. This material previously was
included in each individual AD. Since this material is included in 14
CFR part 39, we will not include it in future AD actions.
Comments Invited
Will I have the opportunity to comment before you issue the rule?
This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment; however, we invite you to submit any written relevant data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-20514;
Directorate Identifier 2005-CE-08-AD'' in the subject line of your
comments. If you want us to acknowledge receipt of your mailed
comments, send us a self-addressed, stamped postcard with the docket
number written on it; we will date-stamp your postcard and mail it back
to you. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify it. If a person contacts us through a
nonwritten communication, and that contact relates to a substantive
part of this AD, we will summarize the contact and place the summary in
the docket. We will consider all comments received by the closing date
and may amend the AD in light of those comments.
Authority for This Rulemaking
What authority does FAA have for issuing this rulemaking action?
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106 describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this AD.
Regulatory Findings
Will this AD impact various entities? We have determined that this
AD will not have federalism implications under Executive Order 13132.
This AD will not have a substantial direct effect 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.
Will this AD involve a significant rule or regulatory action? For
the reasons discussed above, I certify that this AD:
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. 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.
We prepared a summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary by
sending a request to us at the address listed under ADDRESSES. Include
``AD Docket FAA-2005-20514; Directorate Identifier 2005-CE-08-AD'' in
your request.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
Adoption of the Amendment
0
Accordingly, under 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
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2005-07-01 The Cessna Aircraft Company: Amendment 39-14025; Docket
No. FAA-2005-20514; Directorate Identifier 2005-CE-08-AD.
When Does This AD Become Effective?
(a) This AD becomes effective on March 29, 2005.
Are Any Other ADs Affected by This Action?
(b) None.
What Airplanes Are Affected by This AD?
(c) This AD affects Models C208 and C208B, all serial numbers,
that are certificated in any category.
What Is the Unsafe Condition Presented in This AD?
(d) This AD results from several accidents/incidents of problems
with the affected airplanes during operations in icing condition,
including six accidents in the previous two icing seasons and nine
events in the past few months. We are issuing this AD to assure that
the pilot has enough information to prevent loss of control of the
airplane while in-flight during icing conditions.
What Must I Do To Address This Problem?
(e) No later than April 1, 2005 (3 days after March 29, 2005,
which is the effective date of this AD), incorporate the following
revisions into the Airplane Flight Manual:
[[Page 15226]]
------------------------------------------------------------------------
Revise the
Performance Section
(Section 5) of the
AFM Supplement by
Incorporate the inserting the
Affected airplanes following AFM following text (this
revision document may be done by
inserting a copy of
this AD in the AFM
Supplement)
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(1) Cessna Model C208 Section 2: None.
airplanes and Model C208B Limitations and
airplanes, all serial Section 4: Normal
numbers. Procedures:
Temporary Revision
208PHTR04, dated
March 2, 2005, to
the Pilots
Operating Handbook
(POH) and FAA-
approved Airplane
Flight Manual
(AFM), except
replace the
Limitations
(Section 2) of the
Temporary Revision
208PHTR04 to the
POH/FAA-approved
AFM with the
Appendix to this
AD. (This may be
done by inserting a
copy of this AD
into the POH/AFM.).
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(2) Cessna Model C208 Section 9: Optional WARNING: The stall
airplanes with a Pratt & Systems Description warning system has
Whitney of Canada Ltd., and Operating not been tested in
PT6A-114A turboprop engine Procedures: all icing
installed (675 SHP) or FAA- Revision 5 of the conditions and
approved engine of 208 (675 SHP) POH/ should not be
equivalent horsepower FAA-approved AFM relied upon in
installed, except airplanes Supplement S1 icing conditions.
modified by Supplemental ``Known Icing
Type Certificate SA0892WI. Equipment'' Cessna
document D1352-S1-
05, dated March 2,
2005.
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(3) Cessna Model C208 Section 9: Optional WARNING: The stall
airplanes with a Pratt & Systems Description warning system has
Whitney of Canada Ltd., and Operating not been tested in
PT6A-114 turboprop engine Procedures Revision all icing
installed (600 SHP) or FAA- 5 of the Cessna conditions and
approved engine of Model 208 (600 SHP) should not be
equivalent horsepower POH/FAA-approved relied upon in
installed, except airplanes AFM Supplement S1 icing conditions.
modified by Supplemental ``Known Icing
Type Certificate SA00892WI. Equipment'', Cessna
document D1307-S1-
05, dated March 2,
2005, except
incorporate the
Appendix to this AD
into paragraphs
``PREFLIGHT'' and
``VISUAL/TACTILE
CHECK'' of the
Limitations Section
of the POH/FAA-
approved AFM
Supplement S1
``Known Icing
Equipment''.
-----------------------------
(4) Cessna Model C208B Section 9: Optional WARNING: The stall
airplanes with a Pratt & Systems Description warning system has
Whitney of Canada Ltd., and Operating not been tested in
PT6A-114A turboprop engine Procedures Revision all icing
installed (675 SHP) or FAA- 6 of the 208B (675 conditions and
approved engine of SHP) POH/FAA- should not be
equivalent horsepower approved AFM relied upon in
installed, except airplanes Supplement S1 icing conditions.
modified by Supplemental ``Known Icing
Type Certificate SA00892WI. Equipment'', Cessna
document D1329-S1-
06, dated March 2,
2005.
-----------------------------
(5) Cessna Model C208B Section 9: Optional WARNING: The stall
airplanes with a Pratt & Systems Description warning system has
Whitney of Canada Ltd., and Operating not been tested in
PT6A-114A turboprop engine Procedures Revision all icing
installed (600 SHP) or FAA- 5 of the 208B (600 conditions and
approved engine of SHP) POH/FAA- should not be
equivalent horsepower approved AFM relied upon in
installed, except airplanes Supplement S1 icing conditions.
modified by Supplemental ``Known Icing
Type Certificate SA00892WI. Equipment'', Cessna
document D1309-S1-
05, dated March 2,
2005.
------------------------------------------------------------------------
(f) The owner/operator holding at least a private pilot
certificate as authorized by section 43.7 of the Federal Aviation
Regulations (14 CFR 43.7) may do the flight manual changes
requirement of this AD. Make an entry in the aircraft records
showing compliance with this portion of the AD following section
43.9 of the Federal Aviation Regulations (14 CFR 43.9).
May I Request an Alternative Method of Compliance?
(g) You may request a different method of compliance or a
different compliance time for this AD by following the procedures in
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to
your principal inspector. The principal inspector may add comments
and will send your request to the Manager, Standards Staff, Small
Airplane Directorate, FAA, c/o Paul Pellicano, Aerospace Engineer
(Icing), FAA, Small Airplane Directorate, c/o Atlanta Aircraft
Certification Office (ACO), One Crown Center, 1895 Phoenix
Boulevard, Suite 450, Atlanta, GA 30349; telephone: (770) 703-6064;
facsimile: (770) 703-6097. For information on any already approved
alternative methods of compliance, contact Paul Pellicano at the
address and phone number above.
May I Get Copies of the Document Referenced in this AD?
(h) You may obtain the service information referenced in this AD
from The Cessna Aircraft Company, Product Support, PO Box 7706,
Wichita, Kansas 67277-7706; telephone: (316) 517-5800; facsimile:
(316) 942-9006. To view the AD docket, go to the Docket Management
Facility; U.S. Department of Transportation, 400 Seventh Street,
SW., Nassif Building, Room PL-401, Washington, DC, or on the
Internet at https://dms.dot.gov. This is docket number FAA-2005-
20048; Directorate Identifier 2005-CE-08-AD.
Appendix to AD 2005-07-01, Amendment 39-14025
[Docket No. FAA-2005-20514; Directorate Identifier 2005-CE-08-AD]
Preflight
Takeoff is prohibited with any frost, ice, snow, or slush
adhering to the wings, horizontal stabilizer, control surfaces,
propeller blades, and engine inlets.
Warning
Even small amounts of frost, ice, and snow, or slush on the wing
may adversely change lift and drag. Failure to remove these
contaminants will degrade airplane performance and may prevent a
safe takeoff and climbout.
Visual/Tactile Check
In addition to a visual check, a tactile check of the wing
leading edge, wing upper surface (up to two feet behind the deicing
boot at on-span location as a minimum), horizontal tail leading
edge, and propeller
[[Page 15227]]
blades is required if the outside air temperature (OAT) is below
5[deg] C (41[deg] F) and visible moisture (rain, drizzle, sleet,
snow, fog etc.) is present or the airplane was exposed to visible
moisture (rain, drizzle, sleet, snow, fog etc.) since the previous
landing; or the airplane experienced in-flight ice accretion since
the previous takeoff; or the difference between the dew point
temperature and the OAT is 3[deg] C (5[deg] F) or less; or water is
present on the wing. Reference the preflight procedures in Section 4
of the basic Pilot's Operating Handbook.
Issued in Kansas City, Missouri, on March 21, 2005.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-5915 Filed 3-24-05; 8:45 am]
BILLING CODE 4910-13-P
