[Federal Register Volume 69, Number 171 (Friday, September 3, 2004)]
[Rules and Regulations]
[Pages 53794-53795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20015]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19017; Directorate Identifier 2004-NM-144-AD;
Amendment 39-13782; AD 2004-18-04]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model MD-10-10F, MD-
10-30F, MD-11, MD-11F, and 717-200 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
McDonnell Douglas MD-10-10F, MD-10-30F, MD-11, MD-11F, and 717-200
airplanes. This AD requires a revision to the Limitations section of
the Airplane Flight Manual (AFM) to prohibit use of the flight
management system (FMS) profile (PROF) mode for descent and/or approach
operations unless certain conditions are met. This AD is promoted by a
report of two violations of the selected flight control panel (FCP)
altitude during FMS PROF descents. We are issuing this AD to prevent,
under certain conditions during the FMS PROF descent, the uncommanded
descent of an airplane below the selected level-off altitude, which
could result in an unacceptable reduction in the separation between the
airplane and nearby air traffic or terrain.
DATES: Effective September 20, 2004.
We must receive comments on this AD by November 2, 2004.
ADDRESSES: Use one of the following addresses to submit comments on
this AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow
instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://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.
Fax: (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 trough Friday, except Federal holidays.
You can examine this information at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
You can examine the contents of this AD docket on the
Internet at http://dms.dot.gov, or at the Docket Management Facility,
U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-
401, on the plaza level of the Nassif Building, Washington, DC.
Docket Management Systems (DMS)
The FAA has implemented new procedures for maintaining AD dockets
electronically. As of May 17, 2004, new AD actions are posted on DMS
and assigned a docket number. We track each action and assign a
corresponding directorate identifier. The DMS AD docket number is in
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier
(``Old Docket Number'') as a cross-reference for searching purposes.
Examining the Dockets
You can examine the AD docket on the Internet at http://www.dms.dot.gov, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the DMS receives them.
FOR FURTHER INFORMATION CONTACT: Technical information: Jim Webre,
Flight Test Pilot, Flight Test Branch, ANM-160L, FAA, Los Angeles
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood,
California 90712-4137; telephone (562) 627-5364; fax (562) 627-5210.
Plain language information: Marcia Walters, [email protected].
SUPPLEMENTARY INFORMATION: We have received a report of two violations
of the selected flight control panel (FCP) altitude during flight
management system (FMS) profile (PROF) descents on McDonnell Douglas
Model MD-11 airplanes. Investigation by the airplane and avionics
manufacturers revealed that under certain conditions during an FMS PROF
descent, the FMS will allow an airplane to descend below the selected
FCP altitude or FMS-constrained altitude or both. In addition, the FMS
will not command the autopilot or flight director to level off at the
next altitude constraint, if a specific series of events occur and the
airspeed of the airplane is within the overspeed detection window
during an FMS descent. Under certain conditions during the FMS PROF
descent, the uncommanded descent of the airplane below the selected
level-off altitude, if not corrected, could result in an unacceptable
reduction in the separation between the airplane and nearby air traffic
or terrain.
The FMS software on Model MD-10-10F, MD-10-30F, MD-11F, and 717-200
airplanes is identical to that on the affected Model MD-11 airplanes.
Therefore, all of these models may be subject to the same unsafe
condition.
FAA's Determination and Requirements of This AD
The unsafe condition described previously is likely to exist or
develop on other airplanes of the same type design, which use the same
FMS software. Therefore, we are issuing this AD to prevent, under
certain conditions during the FMS PROF descent, the uncommanded descent
of an airplane below the selected level-off altitude, which could
result in reducing the separation between the airplane and nearby air
traffic or terrain. This AD requires a revision to the Limitations
section of the Airplane Flight Manual (AFM) to prohibit use of the FMS
PROF mode for descent and/or approach operations unless certain
conditions are met.
Interim Action
This is considered to be interim action. The manufacturer has
advised that it currently is developing a software modification that
will address the unsafe condition addressed by this AD. Once this
modification is developed, approved, and available, the FAA may
consider additional rulemaking.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this
[[Page 53795]]
AD; therefore, providing notice and opportunity for public comment
before the AD is issued is impracticable, and good cause exists to make
this AD effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements that affect
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-2004-19017;
Directorate Identifier 2004-NM-144-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD. We will consider
all comments received by the closing date and may amend the AD in light
of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this AD. Using the search function of our docket
Web site, anyone can find and read the comments in any of our dockets,
including the name of the individual who sent the comment (or signed
the comment on behalf of an association, business, labor union, etc.).
You can review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78), or you can visit
http://dms.dot.gov.
We are reviewing the writing style we currently use in regulatory
documents. We are interested in your comments on whether the style of
this document is clear, and your suggestions to improve the clarity of
our communications with you. You can get more information about plain
language at http://www/faa.gov/language and http://www.plainlanguage.gov.
Regulatory Findings
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.
For the reasons discussed above, I certify that the 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. 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 regulatory evaluation of the estimated costs to
comply with this AD. See the ADDRESSES section for a location to
examine the regulatory evaluation.
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 FAA amends 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):
2004-18-04 McDonnell Douglas: Amendment 39-13782. Docket No. FAA-
2004-19017; Directorate Identifier 2004-NM-144-AD.
Effective Date
(a) This AD becomes effective September 20, 2004.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all McDonnell Douglas Model MD-10-10F,
MD-10-30F, MD-11F, and 717-200 airplanes; certificated in any
category.
Unsafe Condition
(d) This AD was prompted by a report of two violations of the
selected flight control panel (FCP) altitude during flight
management system (FMS) profile (PROF) descents. The FAA is issuing
this AD to prevent, under certain conditions during the FMS PROF
descent, the uncommanded descent of an airplane below the selected
level-off altitude, which could result in an unacceptable reduction
in the separation between the airplane and nearby air traffic or
terrain.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
AFM Revision
(f) Within 90 days after the effective date of this AD, revise
the Limitations section of the Airplane Flight Manual (AFM) to
include the following statement. This may be done by inserting a
copy of this AD in the AFM.
``Use of PROF mode for descent and/or approach operations is
prohibited unless
1. The airplane is on path and the FMA indicates THRUST [bond]
xxx [bond] PROF, or
2. The indicated airspeed is below Vmax for the airplane
configuration by at least:
a. 10 knots at indicated altitudes below 10,000 feet, or
b. 15 knots at indicated altitudes of 10,000 feet or above, or
3. Basic autoflight modes (e.g., LVL CHG V/S, or FPA) are used
to recapture the path when the PROF mode is engaged and the airplane
is:
a. Above or below the path and the FMA indicates PITCH [bond]
xxx [bond] IDLE, or
b. Below the path and the FMA indicates THRUST [bond] xxx [bond]
V/S.''
Note 1: When a statement identical to that in paragraph (f) of
this AD has been included in the general revisions of the AFM, the
general revisions may be inserted into the AFM, and the copy of this
AD may be removed from the AFM.
Alternative Methods of Compliance (AMOCs)
(g) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested in accordance with the procedures found in 14 CFR 39.19.
Material Incorporated by Reference
(h) None.
Issued in Renton, Washington, on August 25, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-20015 Filed 9-2-04; 8:45 am]
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