[Federal Register: April 7, 2005 (Volume 70, Number 66)]
[Rules and Regulations]
[Page 17603-17604]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap05-9]
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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;
Amendment 39-14045; AD 2005-07-20]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-600, -700, -800, and -
900 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Boeing Model 737-600, -700, -800, and -900 series airplanes.
This AD requires installing and testing an updated version of the
operational program software of the flight control computers. This 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 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.
DATES: This AD becomes effective May 12, 2005.
The incorporation by reference of a certain publication listed in
the AD is approved by the Director of the Federal Register as of May
12, 2005.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
Docket: The AD docket contains the proposed AD, comments, and any
final disposition. 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 U.S.
Department of Transportation, 400 Seventh Street, SW., room PL-401,
Washington, DC. This docket number is FAA-2004-19986; the directorate
identifier for this docket is 2004-NM-247-AD.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR Part 39
with an AD for certain Boeing Model 737-600, -700, -800, and -900
series airplanes. That action, published in the Federal Register on
January 5, 2005 (70 FR 733), proposed to require installing and testing
an updated version of the operational program software of the flight
control computers.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
submitted on the proposed AD.
Support for the Proposed AD
Two commenters support the AD as proposed. A third commenter
supports the intent of the proposed AD.
Request To Prohibit Testing in Revenue Service
One commenter requests that we prohibit testing of the updated
software in revenue service. The commenter provides no justification
for the request. We infer that the commenter believes the proposed AD
would require a flight test of the updated software installation, and
that performing a flight test during revenue service would pose undue
hazard to airplane occupants.
We do not agree because we believe the commenter has misunderstood
the testing requirement of this AD. The test of the updated version of
the operational program (OPS) software is a ground test performed by
maintenance personnel, not a flight test. This test, which must be
satisfactorily accomplished before returning an airplane to service, is
adequate for ensuring that the OPS software is properly installed and
updated. Therefore, no change to this final rule is necessary in this
regard.
Conclusion
We have carefully reviewed the available data, including the
comments that have been submitted, and determined that air safety and
the public interest require adopting the AD as proposed.
Costs of Compliance
There are about 155 airplanes of the affected design in the
worldwide fleet. This AD affects about 34 airplanes of U.S. registry.
The actions take about 2 work hours per airplane, at an average labor
rate of $65 per work hour. Required parts cost about $0 per airplane.
Based on these figures, the estimated cost of this AD for U.S.
operators is $4,420, or $130 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 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
[[Page 17604]]
responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(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) 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, Incorporation by
reference, 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):
2005-07-20 Boeing: Amendment 39-14045. Docket No. FAA-2004-19986;
Directorate Identifier 2004-NM-247-AD.
Effective Date
(a) This AD becomes effective May 12, 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 identified 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.
Material Incorporated by Reference
(h) You must use Boeing Alert Service Bulletin 737-22A1164,
dated May 20, 2004, to perform the actions that are required by this
AD, unless the AD specifies otherwise. The Director of the Federal
Register approves the incorporation by reference of this document in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get copies of
the service information, contact Boeing Commercial Airplanes, P.O.
Box 3707, Seattle, Washington 98124-2207. To view the AD docket, go
to the Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW., room PL-401, Nassif
Building, Washington, DC. To review copies of the service
information, go to the National Archives and Records Administration
(NARA). For information on the availability of this material at the
NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Issued in Renton, Washington, on March 30, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-6762 Filed 4-6-05; 8:45 am]
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