[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]
BILLING CODE 4910-13-M