Federal Register / Vol. 70, No. 66 / Thursday, April 7, 2005 / Rules and Regulations 17603

DOA Organization who has been authorized 

by the Manager, Seattle ACO, to make those 

findings. 

Material Incorporated by Reference 

(j) You must use Boeing Alert Service 

Bulletin 737–53A1228, dated July 10, 2003, 

to perform the actions that are required by 

this AD, unless the AD specifies otherwise. 

The Director of the Federal Register approves 

the incorporation by reference of this 

document in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. For copies of the service 

information, contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207. For information on 

the availability of this material at the 

National Archives and Records 

Administration (NARA), call (202) 741–6030, 

or go to http://www.archives.gov/

federal_register/code_of_federal_regulations/

ibr_locations.html. You may view the AD 

docket at the Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., room PL–401, Nassif 

Building, Washington, DC.

Issued in Renton, Washington, on March 

30, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 05–6763 Filed 4–6–05; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–19986; Directorate 

Identifier 2004–NM–247–AD; Amendment 

39–14045; AD 2005–07–20] 

RIN 2120–AA64

Airworthiness Directives; Boeing 

Model 737–600, –700, –800, and –900 

Series Airplanes

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT).

ACTION: Final rule.

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 737–600, –700, –800, and 

–900 series airplanes. This AD requires 

installing and testing an updated 

version of the operational program 

software of the flight control computers. 

This AD is prompted by a report of an 

airplane pitching up with rapidly 

decreasing indicated airspeed after the 

flightcrew set a new altitude into the 

autopilot. We are issuing this AD to 

prevent anomalous autopilot operation 

that produces a hazardous combination 

of airplane attitude and airspeed, which 

could result in loss of control of the 

airplane.

DATES: This AD becomes effective May 

12, 2005. 

The incorporation by reference of a 

certain publication listed in the AD is 

approved by the Director of the Federal 

Register as of May 12, 2005.

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207. 

Docket: The AD docket contains the 

proposed AD, comments, and any final 

disposition. 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 U.S. Department of 

Transportation, 400 Seventh Street, 

SW., room PL–401, Washington, DC. 

This docket number is FAA–2004–

19986; the directorate identifier for this 

docket is 2004–NM–247–AD.

FOR FURTHER INFORMATION CONTACT:

Gregg Nesemeier, Aerospace Engineer, 

Systems and Equipment Branch, ANM–

130S, FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6479; fax (425) 917–6590.

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR Part 39 with 

an AD for certain Boeing Model 737–

600, –700, –800, and –900 series 

airplanes. That action, published in the 

Federal Register on January 5, 2005 (70 

FR 733), proposed to require installing 

and testing an updated version of the 

operational program software of the 

flight control computers. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments that have 

been submitted on the proposed AD. 

Support for the Proposed AD 

Two commenters support the AD as 

proposed. A third commenter supports 

the intent of the proposed AD. 

Request To Prohibit Testing in Revenue 

Service 

One commenter requests that we 

prohibit testing of the updated software 

in revenue service. The commenter 

provides no justification for the request. 

We infer that the commenter believes 

the proposed AD would require a flight 

test of the updated software installation, 

and that performing a flight test during 

revenue service would pose undue 

hazard to airplane occupants. 

We do not agree because we believe 

the commenter has misunderstood the 

testing requirement of this AD. The test 

of the updated version of the 

operational program (OPS) software is a 

ground test performed by maintenance 

personnel, not a flight test. This test, 

which must be satisfactorily 

accomplished before returning an 

airplane to service, is adequate for 

ensuring that the OPS software is 

properly installed and updated. 

Therefore, no change to this final rule is 

necessary in this regard. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

that have been submitted, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

There are about 155 airplanes of the 

affected design in the worldwide fleet. 

This AD affects about 34 airplanes of 

U.S. registry. The actions take about 2 

work hours per airplane, at an average 

labor rate of $65 per work hour. 

Required parts cost about $0 per 

airplane. Based on these figures, the 

estimated cost of this AD for U.S. 

operators is $4,420, or $130 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 

17604 Federal Register / Vol. 70, No. 66 / Thursday, April 7, 2005 / Rules and Regulations 

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

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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):

2005–07–20 Boeing: Amendment 39–14045. 

Docket No. FAA–2004–19986; 

Directorate Identifier 2004–NM–247–AD. 

Effective Date 

(a) This AD becomes effective May 12, 

2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 737–

600, –700, –800, and –900 series airplanes, 

certificated in any category, as identified in 

Boeing Alert Service Bulletin 737–22A1164, 

dated May 20, 2004. 

Unsafe Condition 

(d) This AD was prompted by a report of 

an airplane pitching up with rapidly 

decreasing indicated airspeed after the 

flightcrew set a new altitude into the 

autopilot. We are issuing this AD to prevent 

anomalous autopilot operation that produces 

a hazardous combination of airplane attitude 

and airspeed, which could result in loss of 

control of the airplane. 

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 and Test Updated Software 

(f) Within 12 months after the effective 

date of this AD, install and test an updated 

version of the operational program software 

of the enhanced digital flight control system 

(EDFCS) flight control computers (FCCs), in 

accordance with Boeing Alert Service 

Bulletin 737–22A1164, dated May 20, 2004. 

Alternative Methods of Compliance 

(AMOCs) 

(g) 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 

(h) You must use Boeing Alert Service 

Bulletin 737–22A1164, dated May 20, 2004, 

to perform the actions that are required by 

this AD, unless the AD specifies otherwise. 

The Director of the Federal Register approves 

the incorporation by reference of this 

document in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. To get copies of the 

service information, contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207. To view the 

AD docket, go to the Docket Management 

Facility, U.S. Department of Transportation, 

400 Seventh Street SW., room PL–401, Nassif 

Building, Washington, DC. To review copies 

of the service information, go to 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.

Issued in Renton, Washington, on March 

30, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 05–6762 Filed 4–6–05; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19761; Directorate 

Identifier 2003–NM–167–AD; Amendment 

39–14039; AD 2005–07–15] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model CL–600–2B19 (Regional Jet 

Series 100 & 440) Airplanes

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT).

ACTION: Final rule.

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Bombardier Model CL–600–2B19 

(Regional Jet Series 100 and 440) 

airplanes. This AD requires 

modification of the Auxiliary Power 

Unit (APU) cooling air exhaust. This AD 

is prompted by reports of incomplete 

drainage of the APU enclosure. We are 

issuing this AD to prevent a negative 

pressure condition from developing in 

the APU enclosure when the APU is 

operating on the ground, which could 

create a potential fire hazard if 

flammable liquid leakage occurs inside 

the APU enclosure and cannot be 

drained overboard.

DATES: This AD becomes effective May 

12, 2005. 

The incorporation by reference of a 

certain publication listed in the AD is 

approved by the Director of the Federal 

Register as of May 12, 2005.

ADDRESSES: For service information 

identified in this AD, contact 

Bombardier, Inc., Canadair, Aerospace 

Group, P.O. Box 6087, Station Centreville, Montreal, Quebec H3C 3G9, 

Canada. 

Docket: The AD docket contains the 

proposed AD, comments, and any final 

disposition. 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 U.S. Department of Transportation, 

400 Seventh Street SW., Room PL–401, 

Washington, DC. This docket number is 

FAA–2004–19761; the directorate 

identifier for this docket is 2003–NM–

167–AD.

FOR FURTHER INFORMATION CONTACT:

James E. Delisio, Aerospace Engineer, 

Airframe and Propulsion Branch, ANE–

171, FAA, New York Aircraft 

Certification Office, 1600 Stewart 

Avenue, suite 410, Westbury, New York 

11590; telephone (516) 228–7321; fax 

(516) 794–5531.

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with 

an AD for certain Bombardier Model 

CL–600–2B19 (Regional Jet Series 100 

and 440) airplanes. That action, 

published in the Federal Register on 

December 7, 2004 (69 FR 70566), 

proposed to require modification of the 

Auxiliary Power Unit cooling air 

exhaust. 

Comments 

We provided the public the 

opportunity to participate in the