Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Rules and Regulations 70539

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. 

Requirement for Complete Electrical 

Shutdown 

(f) Within 3 days after the effective date of 

this AD, or within 5 days after the last ISIS 

reset or complete electrical shutdown of the 

airplane, whichever is first, perform a 

complete electrical shutdown of the airplane 

to reset the ISIS. Repeat the electrical 

shutdown of the airplane at intervals not to 

exceed 5 days.

Note 1: This AD does not allow resetting 

the circuit breaker as a means of resetting the 

ISIS.

Note 2: There is no terminating action 

available at this time for the requirement to 

regularly perform a complete electrical 

shutdown of the airplane.

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

Related Information 

(h) French Emergency Airworthiness 

Directive UF–2004–168, dated October 20, 

2004, also addresses the subject of this AD. 

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. 04–26790 Filed 12–6–04; 8:45 am] 

BILLING CODE 4910–13–P

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. 

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 PMSequipped 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 

70540 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Rules and Regulations 

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

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows:

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.

§ 39.13 [Amended]

■ 2. The FAA amends § 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. 

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Rules and Regulations 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

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. 

TABLE 1.—CERTAIN APPLICABLE AIRPLANES BY VARIABLE NUMBERS—

Continued

RS265–RS268 inclusive. 

RS292. 

RS311–RS320 inclusive. 

RS699. 

RS701–RS703 inclusive. 

RS711–RS713 inclusive. 

RS731. 

RS732. 

RS741–RS743 inclusive. 

RS771. 

RS786. 

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] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19328; Airspace 

Docket No. 04–ACE–57] 

Modification of Class E Airspace; 

Nebraska City, NE

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This document confirms the 

effective date of the direct final rule 

which revises Class E airspace at 

Nebraska City, NE.

DATES: Effective Date: 0901 UTC, 

January 20, 2005.

FOR FURTHER INFORMATION CONTACT:

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2524.

SUPPLEMENTARY INFORMATION: The FAA 

published this direct final rule with a 

request for comments in the Federal 

Register on October 26, 2004 (69 FR 

62403). The FAA uses the direct final 

rulemaking procedure for a noncontroversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent to submit such 

an adverse comment, were received 

within the comment period, the 

regulation would become effective on 

January 20, 2005. No adverse comments 

were received, and thus this notice 

confirms that this direct final rule will 

become effective on that date.

Issued in Kansas City, MO on November 

26, 2004. 

Elizabeth S. Wallis, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 04–26848 Filed 12–6–04; 8:45 am] 

BILLING CODE 4910–13–M