[Federal Register: May 11, 2005 (Volume 70, Number 90)]
[Rules and Regulations]
[Page 24703-24705]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my05-3]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20081; Directorate Identifier 2004-NM-132-AD;
Amendment 39-14080; AD 2005-10-03]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 777-200 and 777-300 Series
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Boeing Model 777-200 and -300 series airplanes. This AD
requires modification of the operational program software (OPS) of the
air data inertial reference unit (ADIRU). This AD is prompted by a
report of the display of erroneous heading information to the pilot due
to a defect in the OPS of the ADIRU. We are issuing this AD to prevent
the display of erroneous heading information to the pilot, which could
result in loss of the main sources of attitude data, consequent high
pilot workload, and subsequent deviation from the intended flight path.
DATES: This AD becomes effective June 15, 2005.
The incorporation by reference of certain publications listed in
the AD is approved by the Director of the Federal Register as of June
15, 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-2005-20081; the directorate
identifier for this docket is 2004-NM-132-AD.
FOR FURTHER INFORMATION CONTACT: Paul Feider, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 917-6467; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39
with an AD for certain Boeing Model 777-200 and -300 series airplanes.
That action, published in the Federal Register on January 19, 2005 (70
FR 2980), proposed to require modification of the operational program
software (OPS) of the air data inertial reference unit (ADIRU).
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
One commenter supports the proposed AD and states that it is
appropriate because it will prevent future occurrences of erroneous
heading information being presented to the pilot. Another commenter
states that it understands the need for the modification to the
affected OPS of the ADIRU and does not have any objection to the
proposed AD. The second commenter adds that the modification was
accomplished on all its Model 777 series airplanes in calendar year
2002.
Request To Add New Service Information
Two commenters ask that Boeing Service Bulletin 777-34-0094, dated
June 10, 2004, be added to the proposed AD as an additional source of
service information for accomplishing the modification of the OPS of
the ADIRU.
One commenter, the airplane manufacturer, states that the new
service bulletin provides procedures for installation of a newer
version of the OPS of the ADIRU, which contains the fix required by the
proposed AD. The commenter suggests adding the new service bulletin to
paragraph (f) of the proposed AD as an option for accomplishing the
modification in the proposed AD, instead of using the service bulletin
currently referenced.
Another commenter states that it is concerned about any wording in
the proposed AD that may affect and impact any future installations of
new OPS of the ADIRU. The commenter adds that it is imperative that the
proposed AD address this issue as Boeing has already released a new
service bulletin. The commenter notes that the new service bulletin
contains information for updating the existing software with an
adjusted Mach function; the proposed AD would mandate installation of
previous OPS of the ADIRU per Boeing
[[Page 24704]]
Service Bulletin 777-34A0082, Revision 1, dated December 19, 2002. The
commenter has already incorporated the installation of OPS of the ADIRU
per the mandated bulletin, and has also incorporated the installation
of OPS of the ADIRU per Service Bulletin 777-34-0094. The commenter is
concerned that an Alternative Method of Compliance (AMOC) may now be
required for any operator that has incorporated or will incorporate
software upgrades in the future.
We agree with the intent of the commenters' requests to reference
Boeing Service Bulletin 777-34-0094, we have reviewed the service
bulletin and we determined that it addresses the unsafe condition
appropriately. Therefore, we have changed paragraph (f) of this final
rule to include that service bulletin as an additional appropriate
source of service information for accomplishing the modification.
However, regarding future upgrades of the OPS of the ADIRU per the
issuance of future service information; we cannot accept as-yet
unpublished service documents for compliance with the requirements of
an AD. Referring to an unavailable service bulletin in an AD to allow
operators to use later revisions of the referenced documents (issued
after publication of the AD) violates Office of the Federal Register
regulations for approving materials that are incorporated by reference.
However, under the provisions of paragraph (g) of this AD, affected
operators may request approval to use a later revision of the
referenced service bulletin as an AMOC.
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 with the change described
previously. This change will neither increase the economic burden on
any operator nor increase the scope of the AD.
Costs of Compliance
There are about 409 airplanes of the affected design in the
worldwide fleet. This AD affects about 130 airplanes of U.S. registry.
The actions take about 1 work hour per airplane, at an average labor
rate of $65 per work hour. Required parts are free of charge. Based on
these figures, the estimated cost of the AD for U.S. operators is
$8,450, or $65 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 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
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2005-10-03 Boeing: Amendment 39-14080. Docket No. FAA-2005-20081;
Directorate Identifier 2004-NM-132-AD.
Effective Date
(a) This AD becomes effective June 15, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 777-200 and -300 series
airplanes, certificated in any category; as listed in Boeing Service
Bulletin 777-34A0082, Revision 1, dated December 19, 2002.
Unsafe Condition
(d) This AD was prompted by a report of the display of erroneous
heading information to the pilot due to a defect in the operational
program software (OPS) of the air data inertial reference unit
(ADIRU). The Federal Aviation Administration is issuing this AD to
prevent the display of erroneous heading information to the pilot,
which could result in loss of the main sources of attitude data,
consequent high pilot workload, and subsequent deviation from the
intended flight path.
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 6 months after the effective date of this AD: Modify
the OPS of the ADIRU by doing the applicable actions specified in
the Accomplishment Instructions of Boeing Service Bulletin 777-
34A0082, Revision 1, dated December 19, 2002, or Boeing Service
Bulletin 777-34-0094, dated June 10, 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 Service Bulletin 777-34A0082, Revision
1, dated December 19, 2002; or Boeing Service Bulletin 777-34-0094,
dated June 10, 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 these
documents 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,
[[Page 24705]]
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 April 29, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-9198 Filed 5-10-05; 8:45 am]
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