This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

70537

Vol. 69, No. 234

Tuesday, December 7, 2004

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–19817; Directorate 

Identifier 2004–NM–237–AD; Amendment 

39–13896; AD 2004–25–08] 

RIN 2120–AA64

Airworthiness Directives; Airbus Model 

A318, A319, A320, and A321 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 

Airbus Model A318, A319, A320, and 

A321 series airplanes. This AD requires 

regularly performing a complete 

electrical shutdown of the airplane to 

reset the integrated standby instrument 

system (ISIS). This AD is prompted by 

reports indicating that an airplane lost 

the ISIS, then, during the same flight, 

lost all electronic instrument system 

(EIS) display units. We are issuing this 

AD to prevent loss of the ISIS, which, 

if combined with loss of all EIS display 

units, could reduce the flightcrew’s 

situational awareness and contribute to 

loss of control of the airplane or impact 

with obstacles or terrain.

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 Airbus, 1 Rond Point 

Maurice Bellonte, 31707 Blagnac Cedex, 

France. 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 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–

19817; the directorate identifier for this 

docket is 2004–NM–237–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 Docket 

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: Tim Dulin, 

Aerospace Engineer, International 

Branch, ANM–116, FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2141; 

fax (425) 227–1149. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

SUPPLEMENTARY INFORMATION: The 

Direction Ge ́ne ́rale de l’Aviation Civile 

(DGAC), which is the airworthiness 

authority for France, notified the FAA 

that an unsafe condition may exist on 

certain Airbus Model A318, A319, 

A320, and A321 series airplanes. The 

DGAC advises that an Airbus Model 

A340 series airplane lost the integrated 

standby instrument system (ISIS), then, 

during the same flight, lost all electronic 

instrument system (EIS) display units. 

Investigation revealed that the ISIS 

failure is caused by a time-counter fault 

that occurs after 145 hours of 

continuous power supply to the ISIS. 

Loss of the ISIS, if combined with loss 

of all EIS display units, could reduce 

the flightcrew’s situational awareness 

and contribute to loss of control of the 

airplane or impact with obstacles or 

terrain. 

The subject ISIS on certain Airbus 

Model A340 series airplanes is also 

installed on certain Airbus Model A318, 

A319, A320, and A321 series airplanes. 

Therefore, airplanes of all of these 

models may be subject to the identified 

unsafe condition.

The DGAC has issued French 

Emergency Airworthiness Directive UF–

2004–168, dated October 20, 2004, to 

ensure the continued airworthiness of 

these airplanes in France. 

FAA’s Determination and Requirements 

of This AD 

These airplane models are 

manufactured in France and are type 

certificated for operation in the United 

States under the provisions of section 

21.29 of the Federal Aviation 

Regulations (14 CFR 21.29) and the 

applicable bilateral airworthiness 

agreement. According to this bilateral 

airworthiness agreement, the DGAC has 

kept us informed of the situation 

described above. We have examined the 

DGAC’s findings, evaluated all pertinent 

information, and determined that we 

70538 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Rules and Regulations 

need to issue an AD for products of this 

type design that are certificated for 

operation in the United States. 

Therefore, we are issuing this AD to 

prevent loss of the ISIS, which, if 

combined with loss of all EIS display 

units, could reduce the flightcrew’s 

situational awareness and contribute to 

loss of control of the airplane or impact 

with obstacles or terrain. This AD 

requires regularly performing a 

complete electrical shutdown of the 

airplane to reset the ISIS. 

Differences Between the AD and French 

Emergency Airworthiness Directive 

This AD differs from the French 

Emergency Airworthiness Directive in 

that this AD does not allow resetting the 

circuit breaker as a means of resetting 

the ISIS. This AD instead requires a 

complete electrical shutdown of the 

airplane, which the French Emergency 

Airworthiness Directive provides as an 

alternative means of resetting the ISIS. 

The decision to not allow resetting the 

circuit breaker is based on FAA policy 

that pulling circuit breakers is not an 

acceptable means of routinely removing 

electrical power from airplane systems. 

This policy is based on the fact that use 

of a circuit breaker as a switch will 

degrade the ability of the circuit breaker 

to trip at its rated current trip point. 

Interim Action 

We consider this AD interim action. 

We are currently considering requiring 

the installation of an upgraded ISIS 

standard, which would eliminate the 

need to regularly perform a complete 

electrical shutdown of the airplane. 

However, the planned compliance time 

for this installation would allow enough 

time to provide notice and opportunity 

for public comment on the merits of the 

modification. 

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–

2004–19817; Directorate Identifier 

2004–NM–237–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):

2004–25–08 Airbus: Amendment 39–13896. 

Docket No. FAA–2004–19817; 

Directorate Identifier 2004–NM–237–AD. 

Effective Date 

(a) This AD becomes effective December 

22, 2004. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A318, 

A319, A320, and A321 series airplanes, 

certificated in any category; on which Airbus 

Modification 27620 (reference Airbus Service 

Bulletin A320–34–1261) has been done. 

Unsafe Condition 

(d) This AD was prompted by a report 

indicating that an airplane lost the integrated 

standby instrument system (ISIS), then, 

during the same flight, lost all electronic 

instrument system (EIS) display units. The 

FAA is issuing this AD to prevent loss of the 

ISIS, which, if combined with loss of all EIS 

display units, could reduce the flightcrew’s 

situational awareness and contribute to loss 

of control of the airplane or impact with 

obstacles or terrain. 

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