[Federal Register Volume 70, Number 30 (Tuesday, February 15, 2005)]
[Proposed Rules]
[Pages 7676-7678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2840]


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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
------------------------------------------------------------------------
                              Boeing alert service
    Boeing airplane model           bulletin            Dated (2004)
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    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
------------------------------------------------------------------------
                              Boeing alert service
    Boeing airplane model           bulletin            Dated (2004)
------------------------------------------------------------------------
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]
BILLING CODE 4910-13-P