[Federal Register Volume 72, Number 30 (Wednesday, February 14, 2007)]
[Proposed Rules]
[Pages 6975-6977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2524]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27151; Directorate Identifier 2006-NM-156-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-10-10F and 
MD-10-30F Airplanes, Model MD-11 and MD-11F Airplanes, and Model 717-
200 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 supersede an existing airworthiness 
directive (AD) that applies to all McDonnell Douglas Model MD-10-10F 
and MD-10-30F airplanes, Model MD-11 and MD-11F airplanes, and Model 
717-200 airplanes. The existing AD currently requires a revision to the 
Limitations section of the airplane flight manual (AFM) to prohibit use 
of the flight management system (FMS) profile (PROF) mode for descent 
and/or approach operations unless certain conditions are met. This 
proposed AD would require, for Model 717-200 airplanes, upgrading the 
versatile integrated avionics (VIA) digital computer with new system 
software, which would end the need for the AFM revision. This proposed 
AD results from a report of two violations of the selected flight 
control panel (FCP) altitude during FMS PROF descents. We are proposing 
this AD to prevent, under certain conditions during the FMS PROF 
descent, the uncommanded descent of an airplane below the selected 
level-off altitude, which could result in an unacceptable reduction in 
the separation between the airplane and nearby air traffic or terrain.

DATES: We must receive comments on this proposed AD by April 2, 2007.

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.
     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.
    Contact Boeing Commercial Airplanes, Long Beach Division, 3855 
Lakewood Boulevard, Long Beach, California 90846, Attention: Data and 
Service Management, Dept. C1-L5A (D800-0024), for service information 
identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Thomas Phan, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5342; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: 

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 in the ADDRESSES section. Include the docket number ``Docket No. 
FAA-2007-27151; Directorate Identifier 2006-NM-156-AD'' at the 
beginning 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 received 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 may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or may 
can visit http://dms.dot.gov.

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 DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    On August 25, 2004, we issued AD 2004-18-04, amendment 39-13782 (69 
FR 53794, September 21, 2004), for all McDonnell Douglas Model MD-10-
10F and MD-10-30F airplanes, Model MD-11 and MD-11F airplanes, and 
Model 717-200 airplanes. That AD currently requires a revision to the 
Limitations section of the airplane flight manual (AFM) to prohibit use 
of the flight management system (FMS) profile (PROF) mode for descent 
and/or approach operations unless certain conditions are met. That AD 
resulted from a report of two violations of the selected flight control 
panel (FCP) altitude during FMS PROF descents. We issued that AD to 
prevent, under certain conditions during the FMS PROF descent, the 
uncommanded descent of an airplane below the selected level-off 
altitude, which could result in an unacceptable reduction in the 
separation between the airplane and nearby air traffic or terrain.

Actions Since Existing AD Was Issued

    The preamble to AD 2004-18-04 explains that we consider the 
requirements ``interim action'' and that the manufacturer was 
developing a software modification to address the unsafe condition. 
That AD explained that we may consider further rulemaking if a 
modification is developed, approved, and available. The manufacturer 
now has developed such a modification for Model 717-200 airplanes, and 
we have determined that further rulemaking is indeed necessary; this 
proposed AD follows from that determination.

Other Relevant Rulemaking

    On August 3, 2006, we issued AD 2006-16-15, amendment 39-14715 (71 
FR 47707, August 18, 2006), for certain McDonnell Douglas Model MD-10-
10F and MD-10-30F airplanes and all Model MD-11 and MD-11F airplanes. 
That AD currently requires installation of upgraded flight management 
computer (FMC) software. As specified

[[Page 6976]]

in paragraph (n)(4) of that AD, doing the applicable software/hardware 
upgrades required by paragraph (j) or (k) of that AD is an alternative 
method of compliance for the corresponding actions required by AD 2004-
18-04. Doing the upgrades specified in AD 2006-16-15 would also be an 
acceptable method of compliance for the actions in paragraph (f) of 
this proposed AD for the applicable airplanes.

Relevant Service Information

    We have reviewed Boeing Service Bulletin 717-31-0013, dated March 
25, 2005. The service bulletin describes procedures for upgrading the 
versatile integrated avionics (VIA) digital computer with new system 
software (part number (P/N) PS4081970-909) and in-service data 
acquisition system (ISDAS) database (DB) software (P/N PS4081642-909). 
The service bulletin refers to Honeywell Alert Service Bulletin 
4081570-31-A6007, dated March 9, 2005, as an additional source of 
service information for doing the actions. 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 develop on other airplanes of the 
same type design. For this reason, we are proposing this AD, which 
would supersede AD 2004-18-04 and would retain the requirements of the 
existing AD. This proposed AD would also require accomplishing the 
actions specified in Boeing Service Bulletin 717-31-0013 described 
previously.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Costs of Compliance

    There are about 369 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this proposed AD. The parts manufacturer 
states that it will supply required parts to the operators at no cost.

                                                 Estimated Costs
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                                                          Average                 Number of U.S.-
                    Action                       Work    labor rate    Cost per     registered      Fleet cost
                                                hours     per hour     airplane      airplanes
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AFM Revision (required by AD 2004-18-04).....        1          $80          $80             226         $18,080
Software upgrade for Model 717-200 airplanes         1          $80          $80             109          $8,720
 (new proposed action).......................
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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 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 under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-13782 (69 FR 53794, September 21, 2004) and 
adding the following new airworthiness directive (AD):

McDonnell Douglas: Docket No. FAA-2007-27151; Directorate Identifier 
2006-NM-156-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 2, 
2007.

Affected ADs

    (b) This AD supersedes AD 2004-18-04.

Applicability

    (c) This AD applies to all McDonnell Douglas Model MD-10-10F and 
MD-10-30F airplanes, Model MD-11 and MD-11F airplanes, and Model 
717-200 airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from a report of two violations of the 
selected flight control panel (FCP) altitude during flight 
management system (FMS) profile (PROF) descents. We are issuing this 
AD to prevent, under certain conditions during the FMS PROF descent, 
the uncommanded descent of an airplane below the selected level-off 
altitude, which could result in an unacceptable reduction in the 
separation between the airplane and nearby air traffic or terrain.

[[Page 6977]]

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.

Restatement of Requirements of AD 2004-18-04

Airplane Flight Manual (AFM) Revision

    (f) Within 90 days after September 20, 2004 (the effective date 
of AD 2004-18-04), revise the Limitations section of the AFM to 
include the following statement. This may be done by inserting a 
copy of this AD in the AFM. Doing the applicable software upgrade 
specified in paragraph (g) of this AD (for Model 717-200 airplanes), 
paragraph (j) of AD 2006-16-15, amendment 39-14715 (for Model MD-11 
and MD-11F airplanes), or paragraph (k) of AD 2006-16-15 (for Model 
MD-10-10F and MD-10-30F airplanes), terminates the requirements of 
this paragraph for that airplane. For airplanes on which the 
applicable software upgrade has been done, the AFM revision may be 
removed.
    ``Use of PROF mode for descent and/or approach operations is 
prohibited unless
    1. The airplane is on path and the FMA indicates THRUST 
[boxv]xxx[boxv] PROF, or
    2. The indicated airspeed is below Vmax for the airplane 
configuration by at least:
    a. 10 knots at indicated altitudes below 10,000 feet, or
    b. 15 knots at indicated altitudes of 10,000 feet or above, or
    3. Basic autoflight modes (e.g., LVL CHG, V/S, or FPA) are used 
to recapture the path when the PROF mode is engaged and the airplane 
is:
    a. Above or below the path and the FMA indicates PITCH 
[boxv]xxx[boxv] IDLE, or
    b. Below the path and the FMA indicates THRUST [boxv]xxx[boxv] 
V/S.''

    Note 1: When a statement identical to that in paragraph (f) of 
this AD has been included in the general revisions of the AFM, the 
general revisions may be inserted into the AFM, and the copy of this 
AD may be removed from the AFM.

New Requirements of This AD

Upgrade Software--Model 717-200 Airplanes

    (g) For Model 717-200 airplanes: Within 18 months after the 
effective date of this AD, upgrade the versatile integrated avionics 
(VIA) digital computer with new system software (part number (P/N) 
PS4081970-909) and in-service data acquisition system (ISDAS) 
database (DB) software (P/N PS4081642-909), in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 717-31-0013, 
dated March 25, 2005. Doing this upgrade terminates the requirements 
of paragraph (f) of this AD for that airplane only.

    Note 2: Boeing Service Bulletin 717-31-0013, dated March 25, 
2005, refers to Honeywell Alert Service Bulletin 4081570-31-A6007, 
dated March 9, 2005, as an additional source of service information 
for doing the actions specified in paragraph (g) of this AD.

Parts Installation

    (h) For Model 717-200 airplanes: As of the effective date of 
this AD, no person may install a VIA digital computer, P/N 4081570-
904, -905, -906, or -907, on any airplane, except as required by the 
actions specified in paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Los Angeles 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

    Issued in Renton, Washington, on February 1, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-2524 Filed 2-13-07; 8:45 am]
BILLING CODE 4910-13-P