[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Rules and Regulations]
[Pages 53053-53056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17607]


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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; 
Amendment 39-14249; AD 2005-18-09]
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: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 757-200 and -300 series airplanes and Model 767 
series airplanes. This AD requires replacing the existing operational 
software of the Pegasus flight management computer (FMC) system with 
new, improved operational software. This AD results from 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 display of 
``old'' or expired ATC 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: Effective October 12, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of October 12, 
2005.

ADDRESSES: You may examine the 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., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this 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:

Examining the Docket

    You may 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 street address stated in the 
ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Boeing Model 
757-200 and -300 series airplanes and Model 767 series airplanes. That 
NPRM was published in the Federal Register on February 15, 2005 (70 FR 
7676). That NPRM proposed to require replacing the existing operational 
software of the Pegasus flight management computer (FMC) system with 
new, improved operational software.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
received on the NPRM.

Supportive or No Objection Comments for the NPRM

    One commenter supports the NPRM, and another commenter advises that 
it has no objection to the NPRM.

Requests To Limit the Applicability of the NPRM

    Several commenters request that the applicability of the NPRM be 
limited to those airplanes that have the Air Traffic Services Data Link 
(ATS DL) enabled. The commenters advise that Flight Management Computer 
(FMC) systems that are not equipped with the optional operational 
program configuration (OPC) software to enable the ATS DL will never 
display Air Traffic Control (ATC) clearance messages (new, old, or 
expired) on the control display unit (CDU). The commenters point out 
that without the OPC, there is not the capability to get ATC clearance 
messages on the CDU. Therefore, the commenters contend that the NPRM 
should be applicable only to those airplanes that have the ATS DL FMC 
option enabled. Additionally, one commenter, an operator, contends that 
if airplanes not using ATS DL FMC are required to upgrade the Pegasus 
FMC software, the operators also will be forced to upgrade their older 
inertial reference units (IRU) due to differences in the magnetic 
variation models between Pegasus 2003 and the older IRU models. The 
commenter explains that upgrading the IRU would be a significant 
increase in its costs.
    The FAA agrees that the requirement to replace the OPS and FIDO 
software of the existing FMC with Pegasus 2003 OPS and FIDO software or 
Pegasus 2004 OPS and FIDO software should apply only to airplanes 
operating with an Air Traffice Services data link function enabled. We 
have revised paragraph (f) of this AD to clarify the applicability of 
that requirement.

Requests To Add Service Information

    Several commenters, including the manufacturer, note that since the 
issuance of the NPRM, Boeing has issued new service bulletins that 
describe replacing the existing operational program software (OPS) and 
flight information and data output (FIDO) software of the FMC with 
Pegasus 2005 OPS and FIDO software. Accomplishment of the service 
bulletins is intended to correct certain problems that were experienced 
as a result of the installation of the Pegasus 2003 OPS and FIDO 
software, and to add other improvements on the map displays. The 
commenters request that the new service bulletins be added to the NPRM

[[Page 53054]]

as an optional method of compliance with the proposed requirements of 
the NPRM.
    We agree with the commenters' request. We have reviewed the new 
service bulletins and have added them to paragraph (f) of the AD and 
new Table 2, Pegasus 2005 OPS and FIDO--Applicable Service Bulletins, 
of this AD as an optional method of compliance with the requirements of 
this AD.

Requests To Revise Paragraph (f) of the NPRM

    Two commenters request that we clarify that the use of the onboard 
software media binder (SMB) is optional. The commenters note that the 
accomplishment instructions of the service bulletins referenced in the 
NPRM could be construed to create a regulatory requirement for the 
existence of the onboard SMB.
    We agree with the commenters' request for the reason specified and 
have revised paragraph (f) of the AD to specify that replacing the 
existing OPS and FIDO diskettes in the software media binder is not 
required by this AD.

Requests To Approve Later Service Bulletins

    Several commenters request that we revise the NPRM to permit use of 
future FAA-approved service bulletins to comply with the proposed 
requirements of the NPRM. The commenters contend that future FAA-
approved service bulletins provide assurance that the software 
described in future bulletins would meet the required level of safety 
specified in the NPRM. Specifically, the commenters would like us to 
add the words, ``or later approved versions.''
    We do not agree with the commenters' request. When referencing a 
specific service bulletin in an AD, using the phrase ``or later FAA-
approved revisions'' in an AD would violate the Office of the Federal 
Register (OFR) regulations for approving materials that are 
incorporated by reference. In general terms, we are required by these 
OFR regulations to either publish the service document contents as part 
of the actual AD language, or submit the service document to the OFR 
for approval as ``referenced'' material, in which case we may only 
refer to such material in the text of an AD. The AD may refer to the 
service document only if the OFR has approved it for ``incorporation by 
reference.'' To allow operators to use later revisions of a referenced 
document, we must either revise the AD to reference the specific later 
revisions, or operators may request approval to use later revisions as 
an alternative method of compliance (AMOC) with this AD. Operators may 
request approval of an AMOC for this AD under the provisions of 
paragraph (h) of this AD.

Request To Revise the Costs of Compliance Section

    One commenter, the manufacturer, requests that we revise the 
estimated number of airplanes affected from 857 in the worldwide fleet 
and 547 on the U.S. registry to 310 airplanes estimated for the 
worldwide fleet and 247 airplanes estimated for airplanes of U.S. 
registry.
    We agree with the commenter. Based on our decision to clarify the 
applicability of the requirements of paragraph (f) of the AD, 
(reference the first comment discussion, ``Request to Limit the 
Applicability of the NPRM''), we have revised the ``Costs of 
Compliance'' section of this AD to reflect the numbers specified by the 
commenter above.

Clarification of Error in Certain Boeing Service Bulletins

    We noticed a typographical error in the effectivity of Boeing 
Service Bulletin 767-34-0472, dated March 17, 2005, and Boeing Alert 
Service Bulletin 767-34A0390, dated February 19, 2004. We have verified 
with the manufacturer that the effectivity of these service bulletins 
is intended to be for Model 767-400ER series airplanes rather than for 
747-400ER series airplanes. Therefore, the applicability of this AD is 
correct and remains the same as the NPRM.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been received, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 310 airplanes of the affected design in the 
worldwide fleet. This AD will affect about 247 airplanes of U.S. 
registry. The required actions will take about 3 work hours per 
airplane, at an average labor rate of $65 per work hour. The 
manufacturer will provide required parts to the operators at no cost. 
Based on these figures, the estimated cost of this AD for U.S. 
operators is $48,165, 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 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 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 and placed it in the AD docket. 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.

[[Page 53055]]

Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-18-09 Boeing: Amendment 39-14249. Docket No. FAA-2005-20352; 
Directorate Identifier 2004-NM-214-AD.

Effective Date

    (a) This AD becomes effective October 12, 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 from 
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) For all airplanes operating with an Air Traffic Services 
data link function enabled: With the exception of the work 
instruction to replace the existing OPS and FIDO diskettes in the 
software media binder, which is not required by this AD, 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 
or Pegasus 2005 OPS and FIDO software, in accordance with the 
applicable service bulletin specified in either Table 1 or Table 2 
of this AD.

                        Table 1.--Pegasus 2003 OPS and FIDO--Applicable Service Bulletins
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                                               Boeing Alert Service
          Boeing Airplane Model                      Bulletin                             Dated
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757-200 series airplanes.................  757-34A0258................  February 12, 2004.
757-300 series airplanes.................  757-34A0259................  February 12, 2004.
767-200, -300, and -300F series airplanes  767-34A0389, Revision 2....  December 16, 2004.
767-400ER series airplanes...............  767-34A0390................  February 19, 2004.
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                        Table 2.--Pegasus 2005 OPS and FIDO--Applicable Service Bulletins
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                                                     Boeing
             Boeing Airplane Model                   Service                          Dated
                                                    Bulletin
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757-200 series airplanes.......................     757-34-0324  March 17, 2005.
757-300 series airplanes.......................     757-34-0325  March 17, 2005.
767-200, -300, and -300F series airplanes......     767-34-0471  March 17, 2005.
767-400ER series airplanes.....................     767-34-0472  March 17, 2005.
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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.

Material Incorporated by Reference

    (i) You must use the applicable service bulletin in Table 3 of 
this AD to perform the actions that are required by this AD, unless 
the AD specifies otherwise. The Director of the Federal Register 
approved the incorporation by reference of these documents in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing 
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, 
for a copy of this service information. You may review copies at the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street SW., Room PL-401, Nassif Building, Washington, DC; on 
the internet at http://dms.dot.gov; or at 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.

                                  Table 3.--Material Incorporated by Reference
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            Service Bulletin                      Revision level                           Date
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Boeing Alert Service Bulletin 757-       Original.......................  February 12, 2004.
 34A0258.
Boeing Alert Service Bulletin 757-       Original.......................  February 12, 2004.
 34A0259.
Boeing Alert Service Bulletin 767-       2..............................  December 16, 2004.
 34A0389.
Boeing Alert Service Bulletin 767-       Original.......................  February 19, 2004.
 34A0390.
Boeing Service Bulletin 757-34-0324....  Original.......................  March 17, 2005.
Boeing Service Bulletin 757-34-0325....  Original.......................  March 17, 2005.
Boeing Service Bulletin 767-34-0471....  Original.......................  March 17, 2005.
Boeing Service Bulletin 767-34-0472....  Original.......................  March 17, 2005.
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[[Page 53056]]

    Issued in Renton, Washington, on August 29, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-17607 Filed 9-6-05; 8:45 am]
BILLING CODE 4910-13-P