[Federal Register Volume 65, Number 135 (Thursday, July 13, 2000)]
[Rules and Regulations]
[Pages 43217-43219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17301]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-209-AD; Amendment 39-11811; AD 2000-14-02]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-600, -700, and -800 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Boeing Model 737-600, -700, and -800 series 
airplanes. This action requires installation of placards on the P3-1 
panel. This action is necessary to prevent loss of communication 
between the flight crew and Air Traffic Control; this situation could 
result in the flight crew being unaware of an unsafe scenario when the 
airplane is on the ground. This action is intended to address the 
identified unsafe condition.

DATES: Effective July 28, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 28, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before September 11, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-209-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-209-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in this AD may be obtained from 
Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 
98124-2207. This information may be examined at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Jay Yi, Aerospace Engineer, FAA, 
Transport Airplane Directorate, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1013; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: The FAA has received reports of several 
incidents in which the flight crew lost communication with Air Traffic 
Control (ATC) while the airplane was taxiing or on hold for takeoff. 
These incidents occurred on Boeing Model 737-700 series airplanes. 
Investigation revealed that the loss of communication is due to the 
location of the very high frequency (VHF) VHF-1 and VHF-2 antennas. 
This condition, if not corrected, could result in loss of communication 
between the flight crew and ATC; this situation could result in the 
flight crew being unaware of an unsafe scenario when the airplane is on 
the ground.
    The VHF-1 and VHF-2 antennas on certain Model 737-700 series 
airplanes are identical to those installed on certain Model 737-600 and 
737-800 series airplanes. Therefore, all of these models may be subject 
to the same unsafe condition.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
737-23A1170, dated April 27, 2000, which describes procedures for 
installation of placards on the P3-1 panel. The placards instruct the 
flight crew to use the VHF radio that is connected to the upper antenna 
for ATC communications when the airplane is on the ground.

Explanation of the Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other Boeing Model 737-600, -700, and -800 series 
airplanes of the same type design, this AD is being issued to prevent 
loss of communication between the flight crew and ATC, which could 
result in the flight crew being unaware of an unsafe scenario when the 
airplane is on the ground. This AD requires accomplishment of the 
action specified in the service bulletin described previously, except 
as discussed below.

Differences Between the Proposed AD and Relevant Service 
Information

    Operators should note that, although the service bulletin 
recommends accomplishing the installation within 10 days (from receipt 
of the service bulletin), the FAA has determined that an interval of 60 
days would address the identified unsafe condition in a timely manner. 
In developing an appropriate compliance time for this AD, the FAA 
considered not only the manufacturer's recommendation, but the degree 
of urgency associated with addressing the subject unsafe condition, the 
average utilization of the affected fleet, parts availability, and the 
time necessary to perform the installation (less than one hour). The 
FAA has verified that the lead time for obtaining the required placards 
will exceed the 10-day compliance time recommended in the subject 
service bulletin. In light of all of these factors, the FAA finds a 60-
day compliance time will accommodate the

[[Page 43218]]

time necessary for affected operators to order, obtain, and install the 
placards, without adversely affecting safety.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, 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 shall 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 closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the AD is 
being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD 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 Docket Number 2000-NM-209-AD.'' The postcard will be date stamped 
and returned to the commenter.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2000-14-02  Boeing:  Amendment 39-11811. Docket 2000-NM-209-AD.

    Applicability: Model 737-600, -700, and -800 series airplanes, 
as listed in Boeing Alert Service Bulletin 737-23A1170, dated April 
27, 2000; 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 (b) 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 loss of communication between the flight crew and Air 
Traffic Control (ATC), which could result in the flight crew being 
unaware of an unsafe scenario when the airplane is on the ground, 
accomplish the following:

Installation of Placards

    (a) Within 60 days after the effective date of this AD, install 
placards on the P3-1 panel in accordance with Boeing Alert Service 
Bulletin 737-23A1170, dated April 27, 2000.

Alternative Methods of Compliance

    (b) 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, Seattle Aircraft Certification 
Office (ACO), FAA, Transport 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, Seattle ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (c) 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.

Incorporation by Reference

    (d) The installation shall be done in accordance with Boeing 
Alert Service Bulletin 737-23A1170, dated April 27, 2000. 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 Boeing Commercial Airplane Group, 
P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

[[Page 43219]]

Effective Date

    (e) This amendment becomes effective on July 28, 2000.

    Issued in Renton, Washington, on July 3, 2000.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-17301 Filed 7-12-00; 8:45 am]
BILLING CODE 4910-13-U