[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Rules and Regulations]
[Pages 55239-55242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18523]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20347; Directorate Identifier 2004-NM-226-AD; 
Amendment 39-14284; AD 2005-19-19]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-300, -400, -500, -600, 
-700, -700C, -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 737-300, -400, -500, -600, -700, -700C, -800 and -
900 series airplanes. This AD requires installing an updated version of 
the operational program software (OPS) and certain other software in 
the flight management computers (FMCs); and doing configuration checks 
to ensure that certain software is properly installed and doing other 
specified actions. This AD also requires reinstalling software, if 
necessary. This AD results from one operator reporting FMC map shifts 
on several Model 737-400 series airplanes with dual FMCs, using OPS 
version U10.4A. We are issuing this AD to prevent the FMC from 
displaying the

[[Page 55240]]

incorrect actual navigation performance value to the flightcrew, which 
could prevent adequate alerting of a potential navigation error. This 
condition could result in a near miss with other airplanes or terrain, 
or collision if other warning systems also fail.

DATES: Effective October 26, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of October 26, 
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, PO Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Sam 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 
737-300, -400, -500, -600, -700, -700C, -800 and -900 series airplanes. 
That NPRM was published in the Federal Register on February 15, 2005 
(70 FR 7687). That NPRM proposed to require installing an updated 
version of the operational program software (OPS) in the flight 
management computers (FMCs), and doing other specified actions. That 
action also proposed to require reinstalling software, if necessary.

Comments

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

Support for the Proposed AD

    Two commenters support the proposed AD.

Request To Revise Applicability

    Two commenters request that we revise the applicability of the NPRM 
so that it applies to Boeing Model 737-300, -400, -500, -600, -700, -
700C, -800 and -900 series airplanes equipped with two certain FMCs 
having part numbers (P/Ns) 171497-05-01 or 176200-01-01, installed with 
OPS versions U10.3, U10.4, U10.4A, or U10.5. One commenter, the 
airplane manufacturer, states that, although the airplanes identified 
in the effectivity of Boeing Alert Service Bulletins 737-34A1801 and 
737-34A1821, both dated July 15, 2004, have at least one of the 
affected FMCs installed, not all of those airplanes have two of the 
affected FMCs installed. The commenter states that these airplanes also 
may not have the affected version of FMC OPS software installed.
    In addition, the same commenter states that, for Model 737-600, -
700, -700C, -800 and -900 series airplanes, it began delivering 
airplanes with OPS version U10.5A on airplanes with line numbers 1529 
and higher. The airplane manufacturer, therefore, also requests that we 
include affected line numbers 1 through 1528 in the applicability of 
the NPRM.
    According to the second commenter, the changes in Boeing Alert 
Service Bulletin 737-34A1821 are only applicable to airplanes equipped 
with FMCs, which are 4 modular concept units (MCU) wide, installed with 
OPS version 10.0 and newer. The commenter states that many of the 
airplanes identified in the effectivity of Boeing Alert Service 
Bulletin 737-34A1821 have FMCs that are 8 MCU wide and are installed 
with earlier versions of OPS, such as U5 and U7.5. The commenter also 
states that, for airplanes with 8-MCU FMCs, operators would have to 
upgrade the hardware from 8 MCU to 4 MCU and install new operational 
program configuration (OPC) software, before they could comply with the 
installation of OPS version U10.5A.
    We partially agree. By referencing the airplanes identified in 
Boeing Alert Service Bulletins 737-34A1801 and 737-34A1821 in the 
applicability of the NPRM, we inadvertently applied the proposed AD to 
more airplanes than necessary. Furthermore, it was not our intention to 
require concurrent hardware and software changes as the second 
commenter points out. We have revised paragraph (c) of this AD to 
clarify that it applies to Model 737-300, -400, -500, -600, -700, -
700C, -800 and -900 series airplanes, certificated in any category; 
equipped with two certain FMCs having P/N 171497-05-01 or 176200-01-01; 
installed with OPS version U10.3, U10.4, U10.4A, or U10.5.
    We cannot, however, include the line numbers of certain affected 
airplanes in the applicability of this AD. Although the commenter has 
provided the correct line numbers for the affected airplanes in this 
AD, we have determined, in coordination with the manufacturer, that we 
should not use line numbers in the applicability of an AD. In the past, 
using line numbers has caused errors in the effectivity of the service 
bulletin, and consequently in the applicability of the AD. Therefore, 
we have not added line numbers of certain airplanes to the 
applicability of this AD.

Request To Exclude Certain Actions

    One commenter requests that we exclude the proposed requirement to 
maintain an onboard software media binder with the latest version of 
OPS. The commenter states this proposed requirement, which is 
referenced in paragraph (f) of the NPRM as one of the ``* * * other 
specified actions * * *,'' could be interpreted as creating a 
regulatory requirement to keep a media binder onboard an affected 
airplane. The commenter also states that several operators have removed 
onboard media binders because they create an administrative burden.
    We agree that the requirement to replace the existing OPS disk set 
in the airplane's software media binder with the new OPS disk set is 
not necessary for ensuring that the unsafe condition of this AD is 
adequately addressed. Therefore, we have deleted the requirement to do 
the other specified actions from paragraph (f) of this AD. Instead, we 
have added new paragraphs (f)(1) and (f)(2) to this AD, which specify 
installing certain software and doing certain configuration checks for 
adequately addressing the unsafe condition. We have also specified 
these actions in the Summary paragraph of this AD.

Request To Use an Alternative Method of Compliance (AMOC)

    One commenter, the airplane manufacturer, requests that we allow 
the option of installing OPS version U10.6, in accordance with Boeing 
Service Bulletin 737-34-1768 (for Model 737-600, -700, -700C, -800, and 
-900 series airplanes) or Boeing Service Bulletin 737-34-1879 (for 
Model 737-300, -400, and -500 series airplanes), as applicable. The 
commenter states that version U10.6 is based on version

[[Page 55241]]

U10.5a and also prevents the FMC from displaying the incorrect actual 
navigation performance value to the flightcrew. The commenter further 
states that version U10.6 is the latest certified version of FMC OPS 
software, and that it is currently installed in production on Model 
737-300, -400, -500, -600, -700, -700C, -800 and -900 series airplanes.
    We agree to allow operators the option of installing OPS version 
U10.6 to address the unsafe condition of this AD. Since issuance of the 
NPRM, we have reviewed Boeing Service Bulletin 737-34-1768 and Boeing 
Service Bulletin 737-34-1879, both dated August 11, 2005. These service 
bulletins describe procedures for installing OPS version U10.6 having 
P/N 549849-016 and certain other software in the left and right FMCs, 
and doing configuration checks to ensure that certain software is 
properly installed. For Model 737-300, -400, and -500 series airplanes, 
the certain other software includes the software options operational 
program configuration (OPC) software that was originally installed 
before installation of OPS version U10.6 and the navigational database 
(NDB) software. For Model 737-600, -700, -700C, -800, and -900 series 
airplanes, the certain other software includes the applicable OPC 
software, the new compatible model/engine database (MEDB) software, and 
the NDB software.
    For certain Model 737-600, -700, -700C, -800, and -900 series 
airplanes, Boeing Service Bulletin 737-34-1768 also describes 
procedures for installing common display system (CDS) OPC software in 
the left and right display electronic units. Operators should note that 
this is additional work, which is not required if an operator installs 
OPS version U10.5a in accordance with Boeing Alert Service Bulletin 
737-34A1801, dated July 15, 2004. We have determined that accomplishing 
the actions specified in the applicable service information adequately 
addresses the unsafe condition of this AD. Therefore, we have added a 
new paragraph (h) to this AD and re-lettered the subsequent paragraphs 
accordingly.

Conclusion

    We have carefully reviewed the available data, including the 
comments 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 3,482 airplanes of the affected design in the 
worldwide fleet. This AD affects about 1,312 airplanes of U.S. 
registry. The following table provides the estimated costs for U.S. 
operators to comply with this AD.

                                                 Estimated Costs
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                                                                   Average labor                     Cost per
                  Boeing model                      Work hours    rate  per hour       Parts         airplane
----------------------------------------------------------------------------------------------------------------
737-300, -400, and -500 series airplanes........               1             $65             $15             $80
737-600, -700, -700C, -800, and -900 series                    2              65              15             145
 airplanes......................................
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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. 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):

2005-19-19 Boeing: Amendment 39-14284. Docket No. FAA-2005-20347; 
Directorate Identifier 2004-NM-226-AD.

Effective Date

    (a) This AD becomes effective October 26, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-300, -400, -500, -600, -
700, -700C, -800 and -900 series airplanes, certificated in any 
category; equipped with two Smiths Industries Aerospace Flight 
Management Computers (FMCs) having part number 171497-05-01 or 
176200-01-01; installed with operational program software (OPS) 
version U10.3, U10.4, U10.4A, or U10.5.

[[Page 55242]]

Unsafe Condition

    (d) This AD was prompted by one operator reporting FMC map 
shifts on several Model 737-400 series airplanes with dual FMCs, 
using OPS version U10.4A. We are issuing this AD to prevent the FMC 
from displaying the incorrect actual navigation performance value to 
the flightcrew, which could prevent adequate alerting of a potential 
navigation error. This condition could result in a near miss with 
other airplanes or terrain, or collision if other warning systems 
also fail.

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 Updated Version of OPS

    (f) Within 180 days after the effective date of this AD, do the 
actions specified in paragraphs (f)(1) and (f)(2) of this AD, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 737-34A1801, dated July 15, 2004 (for Model 737-
600, -700, -700C, -800 and -900 series airplanes); or Boeing Alert 
Service Bulletin 737-34A1821, dated July 15, 2004 (for Model 737-
300, -400, and -500 series airplanes); as applicable. Where the 
service bulletin specifies a configuration check, certificated 
maintenance personnel must perform the configuration check.
    (1) Install the updated version of the OPS, the compatible 
model/engine database (MEDB) software if applicable, the current 
version of the navigational database (NDB) software, and the 
software options database (OPC) in the left and right FMCs.
    (2) Do configuration checks of the left and right FMCs to ensure 
that the updated version of the OPS, compatible version of the MEDB 
software if applicable, and OPC software is correctly installed.

Reinstall Software, if Necessary

    (g) If the incorrect software version of the OPS, MEDB software 
if applicable, or OPC software is found installed on any FMC during 
any configuration check required by paragraph (f) of this AD: Before 
further flight, reinstall the software, as applicable. Do the 
reinstallation of any software in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 737-34A1801, dated 
July 15, 2004; or Boeing Alert Service Bulletin 737-34A1821, dated 
July 15, 2004; as applicable.

Optional Installation of OPS Version U10.6

    (h) Doing the applicable actions specified in paragraphs (h)(1) 
and (h)(2) of this AD, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 737-34-1768, dated August 
11, 2005 (for Model 737-600, -700, -700C, -800, and -900 series 
airplanes); or Boeing Service Bulletin 737-34-1879, dated August 11, 
2005 (for Model 737-300, -400, and -500 series airplanes), as 
applicable, is acceptable for compliance with the corresponding 
requirements of paragraphs (f) and (g) of this AD.
    (1) Install version U10.6 of the OPS software, the applicable 
OPC software, the new compatible MEDB software if applicable, and 
the NDB software in the left and right FMCs; install the common 
display system (CDS) OPC software in the left and right display 
electronic units if applicable; and do configuration checks to 
ensure that certain software is properly installed. Where the 
service bulletin specifies a configuration check, certificated 
maintenance personnel must perform the configuration check.
    (2) If the incorrect software version of the OPS, OPC software, 
CDS OPC software if applicable, or MEDB software if applicable, is 
found installed during any configuration check required by paragraph 
(h)(1) of this AD: Before further flight, reinstall the software, as 
applicable. Do the reinstallation of any software in accordance with 
the applicable service bulletin.

Alternative Methods of Compliance (AMOCs)

    (i) 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

    (j) You must use Boeing Alert Service Bulletin 737-34A1801, 
dated July 15, 2004; or Boeing Alert Service Bulletin 737-34A1821, 
dated July 15, 2004, as applicable, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The optional 
actions, if accomplished, must be performed in accordance with 
Boeing Service Bulletin 737-34-1768, dated August 11, 2005; or 
Boeing Service Bulletin 737-34-1879, dated August 11, 2005, as 
applicable. 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 12, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-18523 Filed 9-20-05; 8:45 am]
BILLING CODE 4910-13-P