[Federal Register: December 7, 2004 (Volume 69, Number 234)]
[Rules and Regulations]
[Page 70539-70541]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de04-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19815; Directorate Identifier 2004-NM-215-AD;
Amendment 39-13894; AD 2004-25-06]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 747-100, 747-100B, 747-
100B SUD, 747-200B, 747-200C, 747-200F, and 747-300 Series Airplanes;
and Model 747SP and 747SR Series 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
certain Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-
200C, 747-200F, and 747-300 series airplanes; and Model 747SP and 747SR
series airplanes. This AD requires revising the airplane flight manual
to prohibit operation of the autopilot/flight director in command mode
with performance management system selected on the speed mode switch
during cruise in reduced vertical separation minimum (RVSM) airspace.
This AD is prompted by reports of unexpected autopilot disconnects
induced by the passing of another airplane within 1,000 feet below the
airplane while they were operating in RVSM airspace. We are issuing
this AD to prevent unexpected disconnect of the autopilot during
operation in RVSM airspace due to close passage of another airplane,
which may result in altitude deviation, and consequently, could lead to
a possible mid-air collision or a near miss with aggressive evasive
action (by either or both airplanes). Aggressive maneuvering at cruise
altitudes and airspeeds could result in loss of control of the airplane
and/or injury to passengers and crew.
DATES: Effective December 22, 2004.
We must receive comments on this AD by February 7, 2005.
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
the 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 through Friday, except Federal holidays.
For service information identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.
You can examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or in person 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. This docket
number is FAA-2004-19815; the directorate identifier for this docket is
2004-NM-215-AD.
Docket Management System (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://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: Samuel Slentz,
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA,
Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056; telephone (425) 917-6483; fax (425) 917-6590.
Plain language information: Marcia Walters, marcia.walters@faa.gov.
SUPPLEMENTARY INFORMATION: We have received reports of two separate
incidents in which a Boeing Model 747-200 airplane equipped with a
performance management system (PMS) had an unexpected autopilot
disconnect induced by the passing of another airplane within 1,000 feet
below the airplane while operating in reduced vertical separation
minimum (RVSM) airspace. In both incidents, the PMS-equipped airplane
lost 300 to 400 feet of altitude, causing it to come within
approximately 650 feet of the other, lower aircraft (starting at 1,000
feet separation), and received a traffic collision and avoidance system
(TCAS) resolution advisory (RA) with instructions to ``climb, climb.''
The PMS installed in certain Boeing Model 747 airplanes has an
interlock that is activated with radar altitude. This interlock
disconnects the autopilot upon receipt of a valid radar altitude signal
of less than 2,500 feet. Because there is no means to accurately
determine how the airplane is trimmed
[[Page 70540]]
when using the PMS, it cannot be predicted which direction the airplane
will fly or how far it will depart from an assigned altitude.
Unexpected disconnect of the autopilot during operation in RVSM
airspace, if not corrected or if manual control is not promptly
established, may result in altitude deviation, and consequently, could
lead to a possible mid-air collision or a near miss with aggressive
evasive action (by either or both airplanes). Aggressive maneuvering at
cruise altitudes and airspeeds could result in loss of control of the
airplane and/or injury to passengers and crew.
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. Therefore, we are
issuing this AD to prevent unexpected disconnect of the autopilot
during operation in RVSM airspace, which could result in altitude
deviation causing a mid-air collision or a near miss with aggressive
evasive action (by either or both airplanes). Aggressive maneuvering at
cruise altitudes and airspeeds could cause the airplane to exceed its
structural limits, which could result in loss of control of the
airplane and/or injury to passengers and crew. This AD requires
revising the airplane flight manual to prohibit operation of the
autopilot/flight director in command mode with performance management
system selected on the speed mode switch during cruise in RVSM
airspace.
Interim Action
We consider this AD interim action. If final action is later
identified, we may consider further rulemaking then.
Changes to 14 CFR Part 39/Effect on the AD Relating to Special Flight
Permits
On July 10, 2002, we issued a new version of 14 CFR part 39 (67 FR
47997, July 22, 2002), which governs the FAA's airworthiness directives
system. The regulation now includes material that relates to altered
products, special flight permits, and alternative methods of compliance
(AMOC). This material is included in part 39, except that the office
authorized to approve AMOCs is identified in each individual AD.
However, as amended, part 39 provides for the FAA to add special
requirements for operating an airplane to a repair facility to do the
work required by an airworthiness directive. For purposes of this AD,
we have determined that such a special flight permit is prohibited.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this 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 relevant written
data, views, or arguments regarding this AD. Send your comments to an
address listed under ADDRESSES. Include ``Docket No. FAA-2004-19815;
Directorate Identifier 2004-NM-215-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.Authority
for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, the FAA is charged 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
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):
2004-25-06 Boeing: Amendment 39-13894. Docket No. FAA-2004-19815;
Directorate Identifier 2004-NM-215-AD.
Effective Date
(a) This AD becomes effective December 22, 2004.
[[Page 70541]]
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 747-100, 747-100B, 747-100B
SUD, 747-200B, 747-200C, 747-200F, and 747-300 series airplanes; and
Model 747SP and 747SR series airplanes; certificated in any
category; having variable numbers listed in Table 1 of this AD or
modified in accordance with Supplemental Type Certificate SA960GL or
SA1080EA-D; excluding airplanes on which Boeing Service Bulletin
747-34-2294, dated May 25, 1989, or Boeing Service Bulletin 747-34-
2296, dated July 1, 1989, has been accomplished.
Table 1.--Certain Applicable Airplanes By Variable Numbers
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RA521-RA528 inclusive.
RA532-RA535 inclusive.
RA537-RA548 inclusive.
RA671-RA675 inclusive.
RA677.
RB071-RB075 inclusive.
RB601-RB607 inclusive.
RB681-RB685 inclusive.
RB687.
RB690-RB693 inclusive.
RB695-RB697 inclusive.
RB721-RB723 inclusive.
RD055.
RD082.
RD083.
RD221-RD227 inclusive.
RD231-RD235 inclusive.
RD301.
RD302.
RD381-RD383 inclusive.
RD461.
RD601-RD607 inclusive.
RD741.
RD781-RD783 inclusive.
RG173.
RG174.
RH101.
RH102.
RJ321.
RJ322.
RR024.
RR025.
RR261-RR263 inclusive.
RR264-RR267 inclusive.
RR361.
RR362.
RR451.
RR522.
RR526.
RR551-RR556 inclusive.
RR566.
RS001.
RS002.
RS211.
RS212.
RS221.
RS222.
RS232.
RS233.
RS235.
RS236.
RS237-RS241 inclusive.
RS251-RS259 inclusive.
RS263.
RS265-RS268 inclusive.
RS292.
RS311-RS320 inclusive.
RS699.
RS701-RS703 inclusive.
RS711-RS713 inclusive.
RS731.
RS732.
RS741-RS743 inclusive.
RS771.
RS786.
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Unsafe Condition
(d) This AD was prompted by reports of unexpected autopilot
disconnects induced by the passing of another airplane within 1,000
feet below the airplane while they were operating in reduced
vertical separation minimum (RVSM) airspace. The FAA is issuing this
AD to prevent unexpected disconnect of the autopilot during
operation in RVSM airspace due to close passage of another airplane,
which may result in altitude deviation, and consequently, could lead
to a possible mid-air collision or a near miss with aggressive
evasive action (by either or both airplanes). Aggressive maneuvering
at cruise altitudes and airspeeds could result in loss of control of
the airplane and/or injury to passengers and crew.
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.
Airplane Flight Manual Revision
(f) Within 10 days after the effective date of this AD, revise
the Limitations section of the Boeing 747 Airplane Flight Manual
(AFM) to include the following statement. This may be done by
inserting a copy of this AD in the AFM.
``Operation of the autopilot/flight director in command mode
with Performance Management System (PMS) selected on the speed mode
switch during cruise in Reduced Vertical Separation Minimum (RVSM)
airspace is prohibited.
Use of PMS generated airspeeds and autopilot modes (e.g., IAS/
Mach) with manually crew-entered airspeeds (via Mode Selector Panel)
are allowed.''
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.
Special Flight Permit
(g) Special flight permits (14 CFR 21.197 and 21.199) are not
allowed.
Alternative Methods of Compliance (AMOCs)
(h) The Manager, Seattle 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
(i) None.
Issued in Renton, Washington, on November 30, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-26792 Filed 12-6-04; 8:45 am]
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