[Federal Register: January 5, 2005 (Volume 70, Number 3)]
[Proposed Rules]
[Page 733-735]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja05-29]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19986; Directorate Identifier 2004-NM-247-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-600, -700, -800, and -
900 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Boeing Model 737-600, -700, -800, and -900 series
airplanes. This proposed AD would require installing and testing an
updated version of the operational program software of the flight
control computers. This proposed AD is prompted by a report of an
airplane pitching up with rapidly decreasing indicated airspeed after
the flightcrew set a new altitude into the autopilot. We are proposing
this AD to prevent anomalous autopilot operation that produces a
hazardous combination of airplane attitude and airspeed, which could
result in loss of control of the airplane.
DATES: We must receive comments on this proposed AD by February 22,
2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed 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.
By fax: (202) 493-2251.
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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 proposed 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-2004-19986; the directorate identifier for this
docket is 2004-NM-247-AD.
FOR FURTHER INFORMATION CONTACT:
Technical information: Gregg Nesemeier, Aerospace Engineer, Systems
and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone
(425) 917-6479; fax (425) 917-6590.
Plain language information: Marcia Walters, marcia.walters@faa.gov.
SUPPLEMENTARY INFORMATION:
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.
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2004-19986;
Directorate Identifier 2004-NM-247-AD'' in the subject line of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments submitted by the closing date and may amend the
proposed 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 proposed AD. Using the search function of
that 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 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 that affect you. You can get more information about
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.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.
Discussion
We received a report that a Boeing Model 737-700 series airplane
pitched up with rapidly decreasing indicated airspeed (IAS) after the
flightcrew set a new altitude into the autopilot. During the incident,
the airplane was leveling from a climb at 4,000 feet when the
flightcrew set the altitude select knob of the autopilot mode control
panel (MCP) to continue to climb to 8,000 feet. The flight data
recorder indicated that the airplane had attained a pitch attitude of
27[deg] nose-high and an airspeed of 135 knots IAS (near or into
stickshaker) before the flightcrew recovered from the pitch up. Post-
flight assessment of this event revealed an anomaly in the software of
the enhanced digital flight control system (EDFCS) flight control
computers (FCCs); if the altitude select knob of the MCP is rotated
during a 200 millisecond window between the altitude capture and
altitude hold modes, a new reference altitude between the previously
selected altitude and the newly selected altitude is stored as the
reference. The altitude hold control law then attempts to fly to this
new reference altitude. This condition can result in a pitch-up to an
excessive, nose-high altitude with anomalous autopilot operation that
produces a hazardous combination of airplane attitude and airspeed, and
if not corrected, could result in loss of control of the airplane.
The EDFCS FCCs and their software on certain Model 737-600, -800,
and -900 series airplanes are identical to those on the affected Model
737-700 series airplane. Therefore, all of these models may be subject
to the same unsafe condition.
Relevant Service Information
We have reviewed Boeing Alert Service Bulletin 737-22A1164, dated
May 20, 2004. The service bulletin describes procedures for installing
and testing an updated version of the operational program software of
the EDFCS FCCs. Accomplishing the actions specified in the service
information is intended to adequately address the unsafe condition.
FAA's Determination and Requirements of the Proposed AD
We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other airplanes
of this same type design. Therefore, we are proposing this AD, which
would require accomplishing the actions specified in the service
information described previously.
Costs of Compliance
There are about 155 airplanes of the affected design in the
worldwide fleet. This proposed AD would affect about 34 airplanes of
U.S. registry. The proposed actions would take about 2 work hours per
airplane, at an average labor rate of $65 per work hour. Required parts
would cost about $0 per airplane. Based on these figures, the estimated
cost of the proposed AD for U.S. operators is $4,420, or $130 per
airplane.
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, Congress charges the FAA with
promoting safe flight of civil
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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 proposed AD.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
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 proposed 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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new
airworthiness directive (AD):
Boeing: Docket No. FAA-2004-19986; Directorate Identifier 2004-NM-
247-AD.
Comments Due Date
(a) The Federal Aviation Administration (FAA) must receive
comments on this AD action by February 22, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 737-600, -700, -800, and -
900 series airplanes, certificated in any category, as listed in
Boeing Alert Service Bulletin 737-22A1164, dated May 20, 2004.
Unsafe Condition
(d) This AD was prompted by a report of an airplane pitching up
with rapidly decreasing indicated airspeed after the flightcrew set
a new altitude into the autopilot. We are issuing this AD to prevent
anomalous autopilot operation that produces a hazardous combination
of airplane attitude and airspeed, which could result in loss of
control of the airplane.
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.
Install and Test Updated Software
(f) Within 12 months after the effective date of this AD,
install and test an updated version of the operational program
software of the enhanced digital flight control system (EDFCS)
flight control computers (FCCs), in accordance with Boeing Alert
Service Bulletin 737-22A1164, dated May 20, 2004.
Alternative Methods of Compliance (AMOCs)
(g) The Manager, Seattle Aircraft Certification Office, FAA, has
the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
Issued in Renton, Washington, on December 27, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-169 Filed 1-4-05; 8:45 am]
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