[Federal Register Volume 70, Number 66 (Thursday, April 7, 2005)]
[Rules and Regulations]
[Pages 17603-17604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6762]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 4910-13-P