[Federal Register Volume 72, Number 183 (Friday, September 21, 2007)]
[Rules and Regulations]
[Pages 53918-53920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18475]


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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; 
Amendment 39-15206; AD 2007-19-15]
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: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which 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. 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. This new AD 
requires, for certain 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 AD results from a 
report of two violations of the selected flight control panel (FCP) 
altitude during FMS 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.

DATES: This AD becomes effective October 26, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of October 26, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue, SE., Washington, DC.
    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 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:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Operations 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Operations office (telephone (800) 647-5527) is 
located on the ground floor of the West Building at the DOT 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 supersedes AD 2004-18-04, amendment 
39-13782 (69 FR 53794, September 3, 2004). [A correction of that AD was 
published in the Federal Register on September 21, 2004 (69 FR 56480).] 
The existing 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. That NPRM was published in the Federal Register on 
February 14, 2007 (72 FR 6975). That NPRM proposed to continue to 
require a revision to the Limitations section of the airplane flight 
manual (AFM), and proposed, 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.

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.

Support for the NPRM

    AirTran Airways states that it supports the proposed actions 
described in the NPRM.

Request To Revise Applicability

    Midwest Airlines requests that we revise the applicability of the 
NPRM. Midwest suggests that for Model 717-200, paragraph (c) of the 
NPRM include only those airplanes that are listed in Boeing Service 
Bulletin 717-31-0013, dated March 25, 2005 (which is referred to as the 
appropriate source of service information for doing the software 
upgrade specified in the NPRM). Midwest believes that this is an 
appropriate limiting of applicability for that model because fuselage 
numbers 5141 and subsequent were delivered from Boeing with the 
upgraded VIA part number 4081570-909 installed. Midwest concludes that 
since these airplanes were delivered with the improved VIA installed, 
these aircraft do not have the unsafe condition that was present with 
airplanes that were delivered with the affected VIAs.
    We agree with the commenter for the reasons stated. We have revised 
paragraph (c) of this AD accordingly.

Request To Revise Paragraph (g) of the NPRM

    AirTran Airways requests that we revise paragraph (g) of the NPRM 
to coincide with the actions specified in Boeing Service Bulletin 717-
31-0013, dated March 25, 2005. AirTran requests that the sentence 
``Doing this upgrade terminates the requirements of paragraph (f) of 
this AD for that airplane

[[Page 53919]]

only'' to state ``Accomplishing this upgrade or the installation of VIA 
P/N 4081570-909 or subsequent terminates the requirements of paragraph 
(f) of this AD for that airplane only.''
    We agree with the commenter. Doing the upgrade converts VIAs having 
P/Ns prior to 4081570-909 to VIAs having P/N 4081570-909. We have 
revised paragraph (g) of this AD accordingly.

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.

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 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 AD. The parts manufacturer states 
that it will supply required parts to the operators at no cost.

                                                 Estimated Costs
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                                                                                  Number of U.S.-
             Action                 Work hours     Average labor     Cost per       registered      Fleet cost
                                                   rate per hour     airplane        airplanes
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AFM Revision (required by AD                   1             $80             $80             226         $18,080
 2004-18-04)....................
Software upgrade for Model 717-                1              80              80             109           8,720
 200 airplanes (new 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 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.


Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-13782 (69 FR 53794, September 3, 2004), corrected 
at 69 FR 56480, September 21, 2004, and by adding the following new 
airworthiness directive (AD):

2007-19-15 McDonnell Douglas: Amendment 39-15206. Docket No. FAA-
2007-27151; Directorate Identifier 2006-NM-156-AD.

Effective Date

    (a) This AD becomes effective October 26, 2007.

Affected ADs

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

Applicability

    (c) This AD applies to the airplanes listed in paragraphs (c)(1) 
and (c)(2) of this AD, certificated in any category.
    (1) All McDonnell Douglas Model MD-10-10F and MD-10-30F 
airplanes, and Model MD-11 and MD-11F airplanes.
    (2) Model 717-200 airplanes, as identified in Boeing Service 
Bulletin 717-31-0013, dated March 25, 2005.

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.

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

[[Page 53920]]

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 [verbar] xxx [verbar] 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 [verbar] 
xxx [verbar] IDLE, or
    b. Below the path and the FMA indicates THRUST [verbar] xxx 
[verbar] 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. Accomplishing this upgrade or the installation 
of VIA P/N 4081570-909 or subsequent 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) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Material Incorporated by Reference

    (j) You must use Boeing Service Bulletin 717-31-0013, dated 
March 25, 2005, 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 this document in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 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 a copy of this service 
information. You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or 
go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 10, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-18475 Filed 9-20-07; 8:45 am]
BILLING CODE 4910-13-P