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.

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

• 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–

19986; the directorate identifier for this 

docket is 2004–NM–247–AD.

FOR FURTHER INFORMATION CONTACT: 

Technical information: 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. 

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–

2004–19986; Directorate Identifier 

2004–NM–247–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 received a report that a Boeing 

Model 737–700 series airplane pitched 

up with rapidly decreasing indicated 

airspeed (IAS) after the flightcrew set a 

new altitude into the autopilot. During 

the incident, the airplane was leveling 

from a climb at 4,000 feet when the 

flightcrew set the altitude select knob of 

the autopilot mode control panel (MCP) 

to continue to climb to 8,000 feet. The 

flight data recorder indicated that the 

airplane had attained a pitch attitude of 

27° nose-high and an airspeed of 135 

knots IAS (near or into stickshaker) 

before the flightcrew recovered from the 

pitch up. Post-flight assessment of this 

event revealed an anomaly in the 

software of the enhanced digital flight 

control system (EDFCS) flight control 

computers (FCCs); if the altitude select 

knob of the MCP is rotated during a 200 

millisecond window between the 

altitude capture and altitude hold 

modes, a new reference altitude 

between the previously selected altitude 

and the newly selected altitude is stored 

as the reference. The altitude hold 

control law then attempts to fly to this 

new reference altitude. This condition 

can result in a pitch-up to an excessive, 

nose-high altitude with anomalous 

autopilot operation that produces a 

hazardous combination of airplane 

attitude and airspeed, and if not 

corrected, could result in loss of control 

of the airplane. 

The EDFCS FCCs and their software 

on certain Model 737–600, –800, and 

–900 series airplanes are identical to 

those on the affected Model 737–700 

series airplane. Therefore, all of these 

models may be subject to the same 

unsafe condition.

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin 737–22A1164, dated 

May 20, 2004. The service bulletin 

describes procedures for installing and 

testing an updated version of the 

operational program software of the 

EDFCS FCCs. 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 155 airplanes of the 

affected design in the worldwide fleet. 

This proposed AD would affect about 34 

airplanes of U.S. registry. The proposed 

actions would take about 2 work hours 

per airplane, at an average labor rate of 

$65 per work hour. Required parts 

would cost about $0 per airplane. Based 

on these figures, the estimated cost of 

the proposed AD for U.S. operators is 

$4,420, or $130 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, Congress charges the FAA 

with promoting safe flight of civil

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