Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Proposed Rules 735

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 

proposed 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. 

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–2004–19986; 

Directorate Identifier 2004–NM–247–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 Boeing Model 737–

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

certificated in any category, as listed 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.

Issued in Renton, Washington, on 

December 27, 2004. 

Kevin M. Mullin, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 05–169 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–2004–19998; Directorate 

Identifier 2004–NM–224–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 777–200 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 777–200 series 

airplanes. This proposed AD would 

require replacing the pressure switches 

on the override/jettison fuel pumps with 

new pressure switches, and replacing 

the ship side electrical connectors for 

the pressure switches on override/

jettison fuel pumps with new 

connectors. This proposed AD is 

prompted by reports that the ‘‘FUEL 

LOW CENTER’’ message does not 

activate when the fuel level in the 

center tank is low. We are proposing 

this AD to prevent the fuel pumps in the 

center fuel tank from running dry and 

becoming a potential ignition source, 

which could result in a fuel tank 

explosion.

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, 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–

19998; the directorate identifier for this 

docket is 2004–NM–224–AD.

FOR FURTHER INFORMATION CONTACT: 

Technical information: Margaret 

Langsted, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6500; 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

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

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–

2004–19998; Directorate Identifier 

2004–NM–224–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 the ‘‘FUEL LOW CENTER’’ message 

on the engine indication and crew 

alerting system (EICAS) did not come on 

during flight when the fuel quantity in 

the center tank was low (400 lbs or less), 

on several Boeing Model 777–200 series 

airplanes. A Boeing Model 777–200 

series airplane was flight-tested to 

evaluate the problem. An analysis of the 

data collected indicated a problem with 

the design of the system tubing at the 

inlet of the center fuel tank pump. That 

design allows some residual fuel to 

collect near the pump impeller after the 

center tank fuel supply has been 

exhausted. As a result, the center tank 

pump produces sustained pressure 

above its low pressure switch range of 

4–7 pounds per square inch gage (psig) 

when the main tank boost pumps 

supply back pressure against the center 

pump discharge check valve. Failure of 

the ‘‘FUEL LOW CENTER’’ message and 

the pump low pressure lights to come 

on when the center tank becomes 

empty, if not corrected, could result in 

the pumps running dry and becoming a 

potential ignition source in the fuel 

tank, which could consequently cause a 

fuel tank explosion. 

Relevant Service Information 

We have reviewed Boeing Special 

Attention Service Bulletin 777–28–

0036, dated September 2, 2004. The 

service bulletin describes procedures for 

replacing the pressure switches on the 

override/jettison fuel pump with new 

pressure switches, and replacing the 

ship side electrical connectors for the 

pressure switches on the override/

jettison fuel pumps with new 

connectors. 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 61 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.

ESTIMATED COSTS

Action Work 

hours 

Average 

labor rate 

per hour 

Parts Cost per 

airplane 

Number 

of U.S.-

registered 

airplanes 

Fleet cost 

Replacement ............................................................................................ 3 $65 $13,430 $13,625 21 $286,125 

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

Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Proposed Rules 737

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–2004–19998; 

Directorate Identifier 2004–NM–224–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 Boeing Model 777–

200 series airplanes, certificated in any 

category; as listed in Boeing Special 

Attention Service Bulletin 777–28–0036, 

dated September 2, 2004. 

Unsafe Condition 

(d) This AD was prompted by reports that 

the ‘‘FUEL LOW CENTER’’ message does not 

activate when the fuel level in the center tank 

is low. We are issuing this AD to prevent the 

fuel pumps in the center fuel tank from 

running dry and becoming a potential 

ignition source, which could result in a fuel 

tank explosion. 

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. 

Replacement 

(f) Within 24 months after the effective 

date of this AD, replace the pressure switches 

on the override/jettison fuel pumps with new 

pressure switches, and replace the ship side 

electrical connectors for the pressure 

switches on the override/jettison fuel pumps 

with new connectors, in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 777–28–

0036, dated September 2, 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.

Issued in Renton, Washington, on 

December 27, 2004. 

Kevin M. Mullin, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 05–170 Filed 1–4–05; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2001–NM–89–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 777–200 and –300 Series 

Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Supplemental notice of 

proposed rulemaking; reopening of 

comment period. 

SUMMARY: This document revises an 

earlier proposed airworthiness directive 

(AD), applicable to certain Boeing 

Model 777–200 and –300 series 

airplanes. That proposed AD would 

have required a one-time inspection of 

the clevis end of the vertical tie rods 

that support the center stowage bins to 

measure the exposed thread, installation 

of placards that advise of weight limits 

for certain electrical racks, a one-time 

inspection and records check to 

determine the amount of weight 

currently installed in those electrical 

racks, corrective actions, and 

replacement of the vertical tie rods for 

the center stowage bins or electrical 

racks with new improved tie rods, as 

applicable. This new action revises the 

proposed rule by revising the 

applicability to include additional 

airplanes. The actions specified by this 

new proposed AD are intended to 

prevent failure of the vertical tie rods 

supporting certain electrical racks and 

the center stowage bins, which could 

cause the center stowage bins or 

electrical racks to fall onto passenger 

seats below during an emergency 

landing, impeding an emergency 

evacuation or injuring passengers. This 

action is intended to address the 

identified unsafe condition.

DATES: Comments must be received by 

January 31, 2005.

ADDRESSES: Submit comments in 

triplicate to the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, ANM–114, 

Attention: Rules Docket No. 2001–NM–

89–AD, 1601 Lind Avenue, SW., 

Renton, Washington 98055–4056. 

Comments may be inspected at this 

location between 9 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. Comments may be submitted 

via fax to (425) 227–1232. Comments 

may also be sent via the Internet using 

the following address: 9-anmnprmcomment@faa.gov. Comments sent 

via fax or the Internet must contain 

‘‘Docket No. 2001–NM–89–AD’’ in the 

subject line and need not be submitted 

in triplicate. Comments sent via the 

Internet as attached electronic files must 

be formatted in Microsoft Word 97 or 

2000 or ASCII text. 

The service information referenced in 

the proposed rule may be obtained from 

Boeing Commercial Airplanes, P.O. Box 

3707, Seattle, Washington 98124–2207. 

This information may be examined at 

the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., 

Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Robert Kaufman, Aerospace Engineer, 

Cabin Safety and Environmental 

Systems Branch, ANM–150S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6433; fax (425) 917–6590.

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

participate in the making of the 

proposed rule by submitting such 

written data, views, or arguments as 

they may desire. Communications shall 

identify the Rules Docket number and 

be submitted in triplicate to the address 

specified above. All communications 

received on or before the closing date 

for comments, specified above, will be 

considered before taking action on the 

proposed rule. The proposals contained