Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Proposed Rules 731

cargo door, as listed in Boeing Special 

Attention Service Bulletin 727–52–0149, 

dated October 16, 2003; certificated in any 

category. 

Unsafe Condition 

(d) This AD was prompted by reports of 

cracking at the forward, lower corner frame 

and lower beam of the No. 3 cargo door. We 

are proposing this AD to detect and correct 

cracking of the forward, lower corner frame 

and forward end of the lower beam of the No. 

3 cargo door, which could result in failure of 

the affected door stops, loss of the cargo door, 

and consequent rapid decompression 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. 

Repetitive Detailed and High Frequency 

Eddy Current (HFEC) Inspections 

(f) Do detailed and HFEC inspections for 

cracking of the forward, lower corner frame 

and forward end of the lower beam of the No. 

3 cargo door by accomplishing all of the 

applicable actions specified in the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 727–52–

0149, dated October 16, 2003. Do the 

inspections at the times specified in the 

applicable table in paragraph 1.E., 

‘‘Compliance,’’ of the service bulletin, except 

as required by paragraph (g) of this AD. 

Repeat the inspections thereafter at intervals 

not to exceed 4,500 flight cycles. Doing the 

applicable actions in paragraph (h) or (j) of 

this AD terminates the repetitive inspections. 

(g) Where the service bulletin specified in 

paragraph (f) of this AD provides a threshold 

relative to the release date of the service 

bulletin, this AD requires compliance within 

the applicable threshold following the 

effective date of this AD, if the ‘‘total airplane 

flight cycles’’ or ‘‘total replaced door flight 

cycles’’ threshold has been exceeded. 

Corrective Actions 

(h) For airplanes on which cracking is 

found during any inspection required by 

paragraph (f) of this AD: Before further flight, 

do all of the applicable corrective actions 

specified in the Accomplishment 

Instructions of Boeing Special Attention 

Service Bulletin 727–52–0149, dated October 

16, 2003. Repairing any affected area 

terminates the repetitive inspections required 

by paragraph (f) of this AD. 

Parts Installation 

(i) Any replacement No. 3 cargo door 

installed on any airplane after the effective 

date of this AD must be inspected or 

modified in accordance with either 

paragraph (i)(1) or (i)(2) of this AD, as 

applicable.

(1) If the number of total flight cycles on 

the door can be positively determined: Do the 

actions required by paragraphs (f) and (h) of 

this AD, as applicable, or paragraph (j) of this 

AD. Do the actions at the times specified in 

Table 2 of paragraph 1.E., ‘‘Compliance,’’ of 

Boeing Special Attention Service Bulletin 

727–52–0149, dated October 16, 2003. 

(2) If the number of total flight cycles on 

the door cannot be positively determined: Do 

the actions required by paragraphs (f) and (h) 

of this AD, as applicable, or paragraph (j) of 

this AD, before installing the door. 

Optional Terminating Action 

(j) Concurrently with doing the inspection 

required by paragraph (f) of this AD, if no 

cracking is found, doing the preventative 

modification specified in paragraph 3.B.2. of 

the Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 727–52–

0149, dated October 16, 2003, terminates the 

repetitive inspections required by paragraph 

(f) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. 

(2) An AMOC that provides an acceptable 

level of safety may be used for any repair for 

cracking required by this AD, if it is 

approved by a Boeing Company Designated 

Engineering Representative who has been 

authorized by the Manager, Seattle ACO, to 

make such findings. For a repair method to 

be approved, the approval must specifically 

reference this AD.

Issued in Renton, Washington, on 

December 27, 2004. 

Kevin M. Mullin, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 05–167 Filed 1–4–05; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19987; Directorate 

Identifier 2004–NM–203–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model 717–200 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 McDonnell Douglas Model 717–

200 airplanes. This proposed AD would 

require replacing eight brake fuses of the 

hydraulic quantity limiter with new or 

modified and reidentified fuses. This 

proposed AD is prompted by reports 

indicating that brake fuses of the 

hydraulic quantity limiter of the main 

landing gear have failed. We are 

proposing this AD to prevent loss of 

both hydraulic and brake systems if one 

fuse on each hydraulic system were to 

fail simultaneously, and consequent 

reduced controllability of the airplane.

DATES: We must receive comments on 

this proposed AD by February 22, 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, Long Beach 

Division, 3855 Lakewood Boulevard, 

Long Beach, California 90846, 

Attention: Data and Service 

Management, Dept. C1–L5A (D800–

0024). 

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–

19987; the directorate identifier for this 

docket is 2004–NM–203–AD.

FOR FURTHER INFORMATION CONTACT: 

Technical information: Albert Lam, 

Aerospace Engineer, Systems and 

Equipment Branch, ANM–130L, FAA, 

Los Angeles Aircraft Certification 

Office, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

telephone (562) 627–5346; fax (562) 

627–5210. 

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

732 Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Proposed Rules 

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–

2004–19987; Directorate Identifier 

2004–NM–203–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 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 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 reports indicating 

that brake fuses of the hydraulic 

quantity limiter of the main landing gear 

(MLG) have failed on several McDonnell 

Douglas Model 717–200 airplanes. The 

failures occurred at the brake fuse cap 

due to fatigue, resulting in hydraulic 

fluid and pressure loss from the affected 

system. Typically, the failure would 

manifest itself when full braking 

pressure is applied (e.g., at the 

beginning of a rejected takeoff or when 

the parking brake is set). This condition, 

if not corrected, could result in loss of 

both hydraulic and brake systems if one 

fuse on each hydraulic system were to 

fail simultaneously, and consequent 

reduced controllability of the airplane. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin 717–32A0031, dated 

September 10, 2004. The service 

bulletin describes procedures for 

replacing eight brake fuses of the 

hydraulic quantity limiter with new or 

modified and reidentified fuses. 

Accomplishing the actions specified in 

the service information is intended to 

adequately address the unsafe 

condition. 

The service bulletin refers to Parker 

Hanninfin Corporation Stratoflex 

Products Division Service Bulletin 

836SD–8–6–20, Revision 1, dated June 

23, 2004, as an additional source of 

service information for modifying and 

reidentifying the brake fuses. 

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 Boeing service information 

described previously. 

Costs of Compliance 

There are about 133 airplanes of the 

affected design in the worldwide fleet 

and 103 airplanes on the U.S. registry. 

The following table provides the 

estimated costs for U.S. operators to 

comply with this proposed AD.

ESTIMATED COSTS

Action Work 

hours 

Average 

labor rate 

per hour 

Parts Cost per

airplane 

Option 1. Replacement with new brake fuses ............................................................... 9 $65 No Charge ............... $585 

Option 2. Replacement with modified and reidentified brake fuses .............................. 13 65 No Charge ............... 845 

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 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 AD.

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.

Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Proposed Rules 733

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):

McDonnell Douglas: Docket No. FAA–2004–

19987; Directorate Identifier 2004–NM–

203–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this AD 

action by February 22, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to McDonnell Douglas 

Model 717–200 airplanes, fuselage numbers 

5002 through 5134 inclusive; certificated in 

any category. 

Unsafe Condition 

(d) This AD was prompted by reports 

indicating that brake fuses of the hydraulic 

quantity limiter of the main landing gear 

(MLG) have failed. We are issuing this AD to 

prevent loss of both hydraulic and brake 

systems if one fuse on each hydraulic system 

were to fail simultaneously, and consequent 

reduced controllability 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. 

Compliance Times 

(f) At the applicable time in Table 1 of this 

AD, do the action required by paragraph (g) 

of this AD.

TABLE 1.—COMPLIANCE TIMES

For airplanes having— Compliance time 

(1) Less than 5,000 total flight cycles as of the effective date of this AD Within 3,600 flight cycles after the effective date of this AD. 

(2) 5,000 or more total flight cycles as of the effective date of this AD .. Within 1,500 flight cycles after the effective date of this AD. 

Replacement 

(g) Replace the eight brake fuses of the 

hydraulic quantity limiter by doing either 

Option 1 or Option 2 in Table 2 of this AD 

in accordance with Boeing Alert Service 

Bulletin 717–32A0031, dated September 10, 

2004.

TABLE 2.—REPLACEMENT

Option— Replace eight fuses having part number (P/N) 7918282–5503 with— 

1 ................... New fuses having P/N 7918282–5505. 

2 ................... Modified and reidentified fuses having P/N 7918282–5505. 

Note 1: Boeing Alert Service Bulletin 717–

32A0031 refers to Parker Hanninfin 

Corporation Stratoflex Products Division 

Service Bulletin 836SD–8–6–20 Revision 1, 

dated June 23, 2004, as an additional source 

of service information for modifying and 

reidentifying the brakes fuses.

Parts Installation 

(h) As of the effective date of this AD, no 

person may install a brake fuse, P/N 

7918282–5503, on any airplane. 

Alternative Methods of Compliance 

(AMOCs) 

(i) The Manager, Los Angeles Aircraft 

Certification Office (ACO), 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 27, 2004. 

Kevin M. Mullin, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 05–168 Filed 1–4–05; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19986; Directorate 

Identifier 2004–NM–247–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–600, –700, –800, and –900 

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 737–600, –700, 

–800, and –900 series airplanes. This 

proposed AD would require installing 

and testing an updated version of the 

operational program software of the 

flight control computers. This proposed 

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 proposing 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: We must receive comments on 

this proposed AD by February 22, 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.