Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Rules and Regulations 67553

Docket Number 97–NM–299–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects 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. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, may be obtained from the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to 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

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. Section 39.13 is amended by

adding the following new airworthiness

directive:

97–26–22 Empresa Brasileira de

Aeronautica S.A. (EMBRAER):

Amendment 39–10265. Docket 97–NM–

299–AD.

Applicability: All Model EMB–120 series

airplanes, certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (c) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent a sudden change in pitch

attitude caused by autopilot disconnect,

which could result in reduced controllability

of the airplane, accomplish the following:

(a) Within 20 flight hours after the effective

date of this AD, perform a one-time

inspection of the movable backstop of the

elevator pitch trim command system to

ensure that it is installed correctly, in

accordance with Part I of the

Accomplishment Instructions of EMBRAER

Alert Service Bulletin 120–27–A081, Change

01, dated October 9, 1997. If any discrepancy

is found, prior to further flight, accomplish

follow-on corrective actions, in accordance

with the alert service bulletin.

(b) Within 75 flight hours after the effective

date of this AD, install a guide for the

movable backstop of the elevator pitch trim

command system, in accordance with Part II

of the Accomplishment Instructions of

EMBRAER Alert Service Bulletin 120–27–

A081, Change 01, dated October 9, 1997.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Atlanta

Aircraft Certification Office (ACO), FAA,

Small Airplane Directorate. Operators shall

submit their requests through an appropriate

FAA Principal Maintenance Inspector, who

may add comments and then send it to the

Manager, Atlanta ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

(d) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(e) The actions shall be done in accordance

with EMBRAER Alert Service Bulletin 120–

27–A081, Change 01, dated October 9, 1997.

This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from Empresa Brasileira de Aeronautica S.A.

(EMBRAER), P.O. Box 343—CEP 12.225, Sao

Jose dos Campos—SP, Brazil. Copies may be

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Small Airplane

Directorate, Atlanta Aircraft Certification

Office, One Crown Center, 1895 Phoenix

Boulevard, Suite 450, Atlanta, Georgia; or at

the Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

Note 3: The subject of this AD is addressed

in Brazilian emergency airworthiness

directive 97–09–08R1, dated October 23,

1997.

(f) This amendment becomes effective on

January 13, 1998.

Issued in Renton, Washington, on

December 19, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–33667 Filed 12–24–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–ASW–13]

RIN 2120–AA66

Realignment of VOR Federal Airway;

Dallas/Fort Worth, TX

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This rule realigns Federal

Airway 369 (V–369) located in the

Dallas/Fort Worth, TX, area.

Specifically, V–369 will be realigned to

include the newly activated Groesbeck,

TX, Very High Frequency

Omnidirectional Range/Distance

Measuring Equipment (VOR/DME)

Navigational Aid (NAVAID) as part of

its route structure. As a result, the

minimum en route altitude (MEA) on

V–369 between the Dallas/Fort Worth

(DFW) Very High Frequency

Omnidirectional Range/Tactical Air

Navigation (VORTAC), TX, and the

Navasota, TX, VORTAC will be lowered.

Lowering the MEA increases the

capacity of the airway because it

increases the number of altitudes that

are available for air traffic control

assignment to airway users. Overall, this

action increases the efficiency of

operations in the Dallas/Fort Worth

area.

DATES: Effective 0901 UTC, February 26,

1998.

Comment date: Comments for

inclusion in the Rules Docket must be

received on or before January 28, 1998.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager, Air

Traffic Division, ASW–500, Docket No.

97–ASW–13, Federal Aviation
67554 Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Rules and Regulations

Administration, 2601 Meacham

Boulevard, Fort Worth, TX 76193–0500.

The official docket may be examined

in the Rules Docket, Office of the Chief

Counsel, Room 916, 800 Independence

Avenue, SW., Washington, DC,

weekdays, except Federal holidays,

between 8:30 a.m. and 5:00 p.m.

An informal docket may also be

examined during normal business hours

at the office of the Regional Air Traffic

Division, Federal Aviation

Administration, 2601 Meacham

Boulevard, Fort Worth, TX 76193–0500.

FOR FURTHER INFORMATION CONTACT:

Steve Brown, Airspace and Rules

Division, ATA–400, Office of Air Traffic

Airspace Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

The FAA anticipates that this

regulation will not result in adverse or

negative comment and therefore is

issuing it as a direct final rule. The

addition of Groesbeck VOR/DME along

the centerline of the current V–369 and

realigning the airway to include

Groesbeck will not alter the airway track

significantly and will benefit users of

the airway. Since previous rulemaking

actions similar to this one have not been

controversial, the FAA does not

anticipate any adverse comments on

this case. Therefore, unless a written

adverse or negative comment, or a

written notice of intent to submit an

adverse or negative comment is received

within the comment period, the

regulation will become effective on the

date specified above. After the close of

the comment period, the FAA will

publish a document in the Federal

Register indicating that no adverse or

negative comments were received and

confirming the date on which the final

rule will become effective. If the FAA

does receive, within the comment

period, an adverse or negative comment,

or written notice of intent to submit

such a comment, a document

withdrawing the direct final rule will be

published in the Federal Register, and

a notice of proposed rulemaking may be

published with a new comment period.

Comments Invited

Although this action is in the form of

a final rule and was not preceded by a

notice of proposed rulemaking,

comments are invited on this rule.

Interested persons are invited to

comment on this rule by submitting

such written data, views, or arguments

as they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified under the caption

‘‘ADDRESSES.’’ All communications

received on or before the specified

closing date for comments will be

considered, and this rule may be

amended or withdrawn in light of

comments received. Factual information

that supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of this

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, aeronautical,

economic, environmental, and energyrelated aspects of the rule that might

suggest a need to modify the rule. All

comments submitted will be available

for examination in the Rules Docket

both before and after the closing date for

comments. A report that summarizes

each FAA-public contact concerned

with the substance of this action will be

filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Airspace Docket No. 97–ASW–13.’’ The

postcard will be date stamped and

returned to the commenter.

The Rule

This amendment to 14 CFR part 71

realigns V–369 located in the Dallas/

Fort Worth area. Currently, V–369

consists of one leg spanning 162

nautical miles (NM) from the Navasota

VORTAC to the DFW VORTAC.

Activation of the Groesbeck VOR/DME

near the centerline of V–369 and the

realignment of the airway to include the

Groesbeck VOR/DME will allow for a

lower MEA to be flown between the two

VORTAC’s. Lowering the MEA

increases the capacity of the airway

because it increases the number of

altitudes that are available for air traffic

control assignment to airway users.

Overall, this action increases the

efficiency of operations between the

DFW and the Navasota VORTAC’s.

Domestic VOR Federal Airways are

published in paragraph 6010(a) of FAA

Order 7400.9E, dated September 10,

1997, and effective September 16, 1997,

which is incorporated by reference in 14

CFR 71.1. The airways listed in this

document will be published

subsequently in the Order.

Agency Findings

The regulations adopted herein will

not have substantial direct effects 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. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is not controversial and

unlikely to result in adverse or negative

comments. For the reasons discussed in

the preamble, I certify that this

regulation (1) is not a ‘‘significant

regulatory action’’ under Executive

Order 12866; (2) is not a ‘‘significant

rule’’ under DOT Regulatory Policies

and Procedures (44 FR 11034; February

26, 1979); and (3) does not warrant

preparation of a Regulatory Evaluation

as the anticipated impact is so minimal.

Since this is a routine matter that will

only affect air traffic procedures and air

navigation, it is certified that this rule,

when promulgated, 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.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6010(a)—Domestic VOR Federal

Airways

* * * * *

V–369 [Revised]

From Navasota, TX; via Groesbeck, TX; to

Dallas-Fort Worth, TX.

* * * * *
Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Rules and Regulations 67555

Issued in Washington, DC, on December

17, 1997.

Nancy B. Kalinowski,

Acting Program Director for Air Traffic

Airspace Management.

[FR Doc. 97–33760 Filed 12–24–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. 28870; Amendment No. 91–254]

RIN 2120–AE51

Reduced Vertical Separation

Operations

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Disposition of comments on

final rule.

SUMMARY: On March 27, 1997, the FAA

adopted requirements for Reduced

Vertical Separation Minimum (RVSM)

airspace. The rule provided

requirements for operating in airspace

between flight level (FL) 290 and FL

410, with assigned altitudes separated

by a minimum of 1,000 feet, rather than

the 2,000 foot minimum separation

previously required above FL 290. The

amendment made more tracks and

altitudes available for air traffic control

to assign to operators, thus increasing

efficiency of operations and air traffic

capacity. The action maintained a level

of safety equal to or greater than that

provided by the previous regulations by

requiring improved altitude-keeping

performance to participate in RVSM.

This action is a summary and

disposition of comments received on the

final rule.

ADDRESSES: The complete docket for the

final rule on RVSM may be examined at

the Federal Aviation Administration,

Office of the Chief Counsel, Attn: Rules

Docket (AGC–200), Room 915–G, Docket

No. 28870, 800 Independence Ave., SW,

Washington, DC 20591, weekdays

(except federal holidays) between 9:00

a.m. and 5:00 p.m.

FOR FURTHER INFORMATION CONTACT:

Roy Grimes, AFS–400 Technical

Programs, Division, Flight Standards

Service, Federal Aviation

Administration, 800 Independence

Avenue SW., Washington, DC 20591,

telephone (202) 267–3734.

SUPPLEMENTARY INFORMATION:

Background

With air traffic increasing annually

worldwide, FAA airspace planners and

their international counterparts

continually study methods of enhancing

the air traffic control (ATC) system’s

ability to accommodate this traffic in a

safe and efficient manner. The traffic

problem has become particularly acute

in the North Atlantic (NAT) airspace,

where the number of flight operations

increased 30 percent from 1988 through

1992, according to the NAT Traffic

Forecasting Group. The forecast

indicated that traffic will rise 60 percent

over the 1992 level of 228,200

operations by 2005. Currently, 27

percent of operations in the NAT

airspace receive clearances on tracks

and to altitudes other than those

requested by the operators in their filed

flight plans because of airspace

limitations. These flights are conducted

at less than optimum tracks and

altitudes for the aircraft, resulting in

time and fuel inefficiencies.

One limitation on air traffic

management at high altitudes is the

required vertical separation. At altitudes

lower than FL 290, air traffic controllers

can assign aircraft operating under

Instrument Flight Rules (IFR) altitudes a

minimum of 1,000 feet apart, however,

above FL 290, the required vertical

separation was a minimum of 2,000 feet

prior to this final rule. (Note: Flight

levels are stated in digits that represent

hundreds of feet. The term flight level

is used to describe a surface of constant

atmospheric pressure related to a

reference datum of 29.92 inches of

mercury. Rather than adjusting

altimeters for changes in atmospheric

pressure, pilots base altitude readings

above the transition altitude (in the

United States, 18,000 feet) on this

standard reference. FL 290 represents

29,000 feet; FL 310 represents 31,000

feet, and so on.)

The 2,000 ft minimum vertical

separation above FL 290 previously

restricted the number of flight levels

available, even though many more air

carrier and general aviation aircraft are

capable of high altitude operations now

than when the 2000-foot separation

standard was established. Flight levels

310, 330, 350, 370, and 390 are flight

levels at which aircraft crossing between

North America and Europe operate most

economically, thus causing congestion

at peak hours. Now, with the issuance

of the RVSM final rule, air traffic can

make available other flight levels, such

as 320, 340, 360, and 380. Exhaustive

technical studies showed that a 1,000 ft

minimum vertical separation was both

feasible and safe. The solution was

based on marked improvement in

altitude-keeping technology and

provided relief from the fuel and time

inefficiencies seen in the North Atlantic

Minimum Navigation Performance

Specifications (NAT MNPS) airspace

prior to the issuance of the RVSM final

rule.

Discussion of Comments

The FAA received three comments on

the RVSM final rule.

The first commenter, the Air Line

Pilots’ Association (ALPA), states that

some pilots have been receiving traffic

advisories (TA’s) from their Traffic Alert

and Collision Avoidance Systems

(TCAS). The TA’s have been

encountered between same direction

aircraft separated by 1000 feet, that are

in close longitudinal proximity to each

other with similar cruising speeds.

ALPA writes that pilots have reported

TA’s lasting as long as twenty minutes,

requiring innovative actions to

eliminate them. They point out a lack of

defined procedures for handling

annoying TA’s. Although ALPA is not

aware of an occurrence, they believe the

current TCAS logic leaves open the

possibility of a disruptive long duration

resolution advisory (RA) in the RVSM

environment. Their concern is the

possibility that this type of event could

cause a serious problem in RVSM

airspace from the close proximity of

traffic and pilot training that requires

compliance with RA commands.

ALPA’s second area of concern is

wake vortex encounters. Pilots have

reported numerous encounters with

turbulence produced by B–747 and B–

777 aircraft using RVSM separation.

Although ALPA is not aware of any

serious cases reported, these operational

characteristics did not exist when the

2000 foot standard was in use. ALPA

points out the absense of procedures to

help pilots avoid or exit areas of

descending vortex.

ALPA recommends the development

of an operations plan by the North

Atlantic Systems Planning Group

(NATSPG) which would provide

procedures that could resolve both the

TCAS and wake vortex problems. Some

suggestions included lateral offset,

Mach number change so as to change

longitudinal geometries, and planned

offset of each odd or even flight level.

ALPA also suggests a centralized data

collecting effort that ensures the

reporting of TCAS and wake vortex

events. They believe the two problems

could best be evaluated through the

collection of data for analysis and

processing.

The FAA appreciates ALPA’s

comments regarding the effect of RVSM

on TCAS operations. The FAA, in

conjunction with the other North

Atlantic air traffic service (ATS)

providers has requested that the ARINC