[Federal Register: February 15, 2005 (Volume 70, Number 30)]
[Proposed Rules]
[Page 7676-7678]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15fe05-16]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20352; Directorate Identifier 2004-NM-214-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 757-200 and -300 Series
Airplanes and Model 767 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (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 757-200 and -300 series airplanes and Model
767 series airplanes. This proposed AD would require replacing the
existing operational software of the Pegasus flight management computer
(FMC) system with new, improved operational software. This proposed AD
is prompted by reports of ``old'' or expired air traffic control (ATC)
clearance messages being displayed on the control display unit (CDU) of
the FMC system during subsequent flights. We are proposing this AD to
prevent display of ``old'' or expired clearance messages on the CDU of
subsequent flights, which could result in the airplane entering
unauthorized airspace or following a flight path that does not provide
minimum separation requirements between aircraft, and a consequent near
miss or a mid-air collision.
DATES: We must receive comments on this proposed AD by April 1, 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.
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, PO 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-2005-20352; the directorate identifier for this docket is
2004-NM-214-AD.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION:
[[Page 7677]]
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-2005-20352;
Directorate Identifier 2004-NM-214-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.
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 have received several reports indicating that, on a Boeing Model
767-400ER airplane, air traffic control (ATC) clearance messages that
had been uplinked to the flight management computer (FMC) during a
previous flight were displayed on the control display unit (CDU) for
the subsequent flight that used the ATC datalink function. The ``old''
or expired clearance messages had not been cleared on completion of the
previous flight. This condition, if not corrected, could cause ``old''
or expired clearance messages on subsequent flights to be displayed on
the CDU, which could result in the airplane entering unauthorized
airspace or following a flight path that does not provide minimum
separation requirements between aircraft, and a consequent near miss or
a mid-air collision.
Similar Airplane Models
The FMC on certain Boeing Model 757 series airplanes are identical
to those on the affected Model 767 series airplanes. Therefore, all of
these models may be subject to the same unsafe condition.
Relevant Service Information
We have reviewed the alert service bulletins for the airplane
models listed in the following table.
Relevant Service Information
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Boeing alert service
Boeing airplane model bulletin Dated (2004)
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757-200 series airplanes.... 757-34A0258......... February 12.
757-300 series airplanes.... 757-34A0259......... February 12.
767-200, -300, and -300F 767-34A0389, December 16.
series airplanes. Revision 2.
767-400ER series airplanes.. 767-34A0390......... February 19.
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These alert service bulletins describe procedures for replacing the
existing operational program software (OPS) and flight information and
data output (FIDO) software of the FMC with Pegasus 2003 OPS and FIDO
software. Installing the Pegasus 2003 OPS and FIDO software will ensure
that the uplinked messages are cleared upon completion of a flight.
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 857 airplanes of the affected design in the
worldwide fleet. This proposed AD would affect about 547 airplanes of
U.S. registry. The proposed actions would take about 3 work hours per
airplane, at an average labor rate of $65 per work hour. The
manufacturer would provide required parts to the operators at no cost.
Based on these figures, the estimated cost of the proposed AD for U.S.
operators is $106,665, or $195 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
We are issuing this rulemaking 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 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
rulemaking action.
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
[[Page 7678]]
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-2005-20352; Directorate Identifier 2004-NM-
214-AD.
Comments Due Date
(a) The Federal Aviation Administration (FAA) must receive
comments on this AD action by April 1, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 757-200 and -300 series
airplanes and Model 767-200, -300, -300F, and -400ER series
airplanes; certificated in any category; equipped with a Pegasus
flight management computer (FMC) system.
Unsafe Condition
(d) This AD was prompted by reports of ``old'' or expired air
traffic control (ATC) clearance messages being displayed on the
control display unit (CDU) of the FMC system during subsequent
flights. We are issuing this AD to prevent the airplane entering
unauthorized airspace or following a flight path that does not
provide minimum separation requirements between aircraft, and a
consequent near miss or mid-air collision.
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.
Replacing the Operational Program Software (OPS) and Flight Information
and Data Output (FIDO) Software
(f) Within 18 months after the effective date of this AD,
replace the OPS and FIDO software of the existing FMC with Pegasus
2003 OPS and FIDO software, in accordance with the applicable
service bulletin specified in Table 1 of this AD.
Table 1.--Applicable Service Bulletin
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Boeing alert service
Boeing airplane model bulletin Dated (2004)
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757-200 series airplanes.... 757-34A0258......... February 12.
757-300 series airplanes.... 757-34A0259......... February 12.
767-200, -300, and -300F 767-34A0389, December 16.
series airplanes. Revision 2.
767-400ER series airplanes.. 767-34A0390......... February 19.
------------------------------------------------------------------------
Acceptable for Compliance
(g) Accomplishment of Boeing Alert Service Bulletin 767-34A0389,
dated February 19, 2004; or Revision 1, dated September 16, 2004,
before the effective date of this AD, is an acceptable method of
compliance with the requirements of this AD.
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.
Issued in Renton, Washington, on February 6, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-2840 Filed 2-14-05; 8:45 am]
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