This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

77675

Vol. 69, No. 248

Tuesday, December 28, 2004

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19943; Directorate 

Identifier 2004–NM–76–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 757–200 Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Boeing Model 757–200 series 

airplanes. This proposed AD would 

require modifying the wiring of the test 

ground signal for the master dim and 

test system circuit in the flight 

compartment. This proposed AD is 

prompted by a report that the master 

dim and test system circuit does not 

have wiring separation of the test 

ground signal for redundant equipment 

in the flight compartment. We are 

proposing this AD to prevent a single 

fault failure during flight, which could 

result in test patterns instead of the 

selected radio frequencies showing on 

the communications panel. These 

conditions could adversely affect voice 

and transponder communication 

capability between the flightcrew and 

air traffic control, which could result in 

increased pilot workload.

DATES: We must receive comments on 

this proposed AD by February 11, 2005.

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. 

• By 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. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207. 

You can examine the contents of this 

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., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC. 

This docket number is FAA–2004–

19943; the directorate identifier for this 

docket is 2004–NM–76–AD.

FOR FURTHER INFORMATION CONTACT:

Technical information: Binh Tran, 

Aerospace Engineer, Systems and 

Equipment Branch, ANM–130S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6485; fax (425) 917–6590. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

SUPPLEMENTARY INFORMATION: 

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

AD actions are posted on DMS and 

assigned a docket number. We track 

each action and assign a corresponding 

directorate identifier. The DMS AD 

docket number is in the form ‘‘Docket 

No. FAA–2004–99999.’’ The Transport 

Airplane Directorate identifier is in the 

form ‘‘Directorate Identifier 2004–NM–

999–AD.’’ Each DMS AD docket also 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes. 

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 under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19943; Directorate Identifier 

2004–NM–76–AD’’ in the subject line 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 submitted 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 

website, 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 can 

review DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78), or you can visit http://

dms.dot.gov.

We are reviewing the writing style we 

currently use in regulatory documents. 

We are interested in your comments on 

whether the style of this document is 

clear, and your suggestions to improve 

the clarity of our communications that 

affect you. You can get more 

information about plain language at 

http://www.faa.gov/language and http://

www.plainlanguage.gov.

Examining the Docket 

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 DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

Discussion 

We have received a report indicating 

that the master dim and test system 

circuit does not have wiring separation 

of the test ground signal for redundant 

equipment in the flight compartment on 

certain Boeing Model 757–200 series 

airplanes. This condition could allow a 

single fault to simulate a test condition 

in the annunciators, switches, and 

displays in the flight compartment. A 

77676 Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Proposed Rules 

single fault failure could also simulate 

a test condition on the communications 

panels and show test patterns instead of 

the selected radio frequencies. The 

flightcrew must be aware of the selected 

radio frequencies used to communicate 

with air traffic control. If test patterns 

show on the communications panel 

during flight, it could adversely affect 

voice and transponder communication 

capability between the flightcrew and 

air traffic control, which could result in 

increased pilot workload. 

Relevant Service Information 

We have reviewed Boeing Service 

Bulletin 757–33–0050, Revision 2, dated 

December 4, 2003. The service bulletin 

describes procedures for modifying the 

wiring of the test ground signal for the 

master dim and test system circuit in 

the flight compartment. The 

modification includes an operational 

test. 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 exist or 

develop on other airplanes of this same 

type design. Therefore, we are 

proposing this AD, which would require 

accomplishing the actions specified in 

the service information described 

previously.

Costs of Compliance 

There are about 55 airplanes of the 

affected design worldwide, and 30 

airplanes of U.S. registry. The proposed 

modification (including the operational 

test) would take between 2 and 3 work 

hours, depending on the airplane 

configuration, at an average labor rate of 

$65 per work hour. Required parts cost 

would be minimal. Based on these 

figures, the estimated cost of the 

proposed modification for U.S. 

operators is between $130 and $195 per 

airplane. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701, ‘‘General requirements.’’ Under 

that section, the FAA is charged with 

promoting safety 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 

AD. 

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 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. 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.

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD):

Boeing: Docket No. FAA–2004–19943; 

Directorate Identifier 2004–NM–76–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this AD 

action by February 11, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to certain Boeing 

Model 757–200 series airplanes, certificated 

in any category. 

Unsafe Condition 

(d) This AD was prompted by a report that 

the master dim and test system circuit does 

not have wiring separation of the test ground 

signal for redundant equipment in the flight 

compartment. We are issuing this AD to 

prevent a single fault failure during flight 

which could result in test patterns instead of 

the selected radio frequencies showing on the 

communications panel. These conditions 

could adversely affect voice and transponder 

communication capability between the 

flightcrew and air traffic control, which 

could result in increased pilot workload. 

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. 

Modification 

(f) Within 60 months after the effective 

date of this AD: Modify the wiring of the test 

ground signal for the master dim and test 

system circuit in the flight compartment by 

doing all the applicable actions specified in 

Boeing Service Bulletin 757–33–0050, 

Revision 2, dated December 4, 2003. 

Modifications Done Using Previous Issues of 

the Service Bulletin 

(g) Modifications done before the effective 

date of this AD in accordance with Boeing 

Service Bulletin 757–33–0050, dated August 

15, 2002; or Revision 1, dated January 30, 

2003; are considered acceptable for 

compliance with paragraph (f) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(h) 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.

Issued in Renton, Washington, on 

December 7, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–28250 Filed 12–27–04; 8:45 am] 

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