[Federal Register: February 26, 2009 (Volume 74, Number 37)]
[Rules and Regulations]
[Page 8726-8728]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe09-10]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0254; Directorate Identifier 2007-NM-209-AD;
Amendment 39-15795; AD 2009-02-05]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 777 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Boeing Model 777 airplanes. This AD requires installing software
upgrades to the airplane information management system (AIMS) located
in the flight compartment. This AD results from an investigation that
revealed that detrimental effects could occur on certain AIMS software
during flight. We are issuing this AD to prevent an unannunciated loss
of cabin pressure. If an undetected loss of pressure event were to
cause an unsafe pressure in the cabin, the flight crew could become
incapacitated.
DATES: This AD is effective April 2, 2009.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 2,
2009.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax 206-766-5680; e-mail me.boecom@boeing.com;
Internet https://www.myboeingfleet.com.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone 800-647-5527) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Jay Yi, Aerospace Engineer, Systems
and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
(425) 917-6494; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain Boeing Model 777 airplanes. That NPRM was published in the
Federal Register on November 28, 2007 (72 FR 67263). That NPRM proposed
to require installing software upgrades to the airplane information
management system (AIMS) located in the flight compartment.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request To Incorporate Revised Service Information
Boeing asks that we reference Boeing Service Bulletins 777-31A0119
and 777-31A0120, both Revision 2, both dated June 12, 2008, in the
final rule. Boeing Alert Service Bulletin 777-31A0119, Revision 1,
dated March 27, 2007; and Boeing Alert Service Bulletin 777-31A0120,
Revision 1, dated March 23, 2007; were referenced in the NPRM as the
appropriate sources of service information for accomplishing certain
actions. Revision 2 of the service bulletins clarifies the procedures
for upgrading to the Airplane Information Management System--1 (AIMS-1)
Blockpoint 2006 (BP06) operational software.
We have reviewed Revision 2 of these service bulletins and we agree
with the commenter, since no additional work is necessary on airplanes
changed in accordance with Revision 1 of the referenced service
information; Revision 2 of these service bulletins just provides
certain clarifications. We have added Revision 2 of these service
bulletins to the applicability specified in paragraph (c) of this AD,
and to paragraph (f)(1) of this AD, as the appropriate sources of
service information for accomplishing the actions specified. In
addition, we have added credit for accomplishing the
[[Page 8727]]
actions using Revision 1 of these service bulletins to paragraph (g) of
this AD.
Request To Update Number of U.S. Airplanes
Boeing also asks that we change the number of U.S. airplanes
affected by this AD from 2 to 4 to reflect the production deliveries of
airplanes with software requiring an update. Boeing states that there
were about 142 AIMS-2 airplanes that were delivered in production on
which the affected software design was incorporated. Boeing also
recommends adding a statement that about 230 additional airplanes (of
which an estimated 70 of those airplanes are of U.S. registry) on which
AIMS-1 software has been incorporated will require an update to BP06.
We partially agree with the commenter.
Since the total number of airplanes of the affected design in the
worldwide fleet has not increased, we agree to change the number of
U.S. airplanes affected by this AD from 2 to 4. The 2 additional U.S.-
registered airplanes in need of the software update have been added to
the Costs of Compliance section in this AD.
We do not agree to include the statements provided by the
commenter, as that language would be added to the Discussion section of
the NPRM, which is not carried over to this final rule. We have made no
change to the AD in this regard.
Request To Reduce Compliance Time
Air Line Pilots Association, International (ALPA), asks that the
15-month compliance time specified in paragraph (f) of the NPRM be
reduced. ALPA states that, given the potentially serious consequences
of an undetected loss of pressurization, the number of affected
aircraft, and the time required for installation of the software, a
shorter compliance time should be imposed.
We do not agree to reduce the compliance time specified in
paragraph (f) of this AD. In developing the compliance time for this AD
action, we considered not only the safety implications of the
identified unsafe condition, but the average utilization rate of the
affected fleet and the practical aspects of installing the software
during regular maintenance periods. In addition, we considered the
manufacturer's recommendation for an appropriate compliance time. After
considering all the available information, we determined that the 15-
month compliance time represents an appropriate interval of time in
which the required actions can be performed in a timely manner within
the affected fleet, while still maintaining an adequate level of
safety. We have not changed the AD in this regard.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.
Costs of Compliance
There are about 142 airplanes of the affected design in the
worldwide fleet. This AD affects 4 airplanes of U.S. registry. The
actions take between 1 and 4 work hours per airplane, at an average
labor rate of $80 per work hour. Based on these figures, the estimated
cost of the AD for U.S. operators is between $320 and $1,280, or
between $80 and $320 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
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.
You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.
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 AD:
2009-02-05 Boeing: Amendment 39-15795. Docket No. FAA-2007-0254;
Directorate Identifier 2007-NM-209-AD.
Effective Date
(a) This airworthiness directive (AD) is effective April 2,
2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Boeing Model 777-200, -200LR, -300, and -
300ER series airplanes, certificated in any category; as identified
in Boeing Service Bulletins 777-31A0119 and 777-31A0120, both
Revision 2, both dated June 12, 2008.
Unsafe Condition
(d) This AD results from an investigation that revealed that
detrimental effects could occur on certain airplane information
management system (AIMS) software during flight. We are issuing this
AD to prevent an unannunciated loss of cabin pressure. If an
undetected loss of pressure event were to cause an unsafe pressure
in the cabin, the flight crew could become incapacitated.
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.
Software Installation
(f) Do the actions specified in paragraphs (f)(1) and (f)(2) of
this AD at the time specified, as applicable.
[[Page 8728]]
(1) Within 15 months after the effective date of this AD:
Install the AIMS Blockpoint 2006 (BP06) operational software by
doing all the actions in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 777-31A0119 or 777-31A0120,
both Revision 2, both dated June 12, 2008; as applicable.
(2) Prior to or concurrently with accomplishing the software
installation, install the AIMS Blockpoint 2005A (BP05A) software in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 777-31-0098, Revision 1, dated May 3,
2007; or Boeing Special Attention Service Bulletin 777-31-0097,
Revision 3, dated February 22, 2007; as applicable.
Credit for Actions Done Using Previous Service Information
(g) Actions accomplished before the effective date of this AD in
accordance with Boeing Service Bulletin 777-31-0119, dated October
16, 2006, or Boeing Alert Service Bulletin 777-31A0119, Revision 1,
dated March 27, 2007; and Boeing Service Bulletin 777-31-0120, dated
October 16, 2006, or Boeing Alert Service Bulletin 777-31A0120,
Revision 1, dated March 23, 2007; are considered acceptable for
compliance with the corresponding actions specified in this AD.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, ATTN: Jay Yi, Aerospace Engineer, Systems and Equipment Branch,
ANM-130S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, Washington
98057-3356; telephone (425) 917-6494; fax (425) 917-6590; has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Material Incorporated by Reference
(i) You must use the service information contained in Table 1 of
this AD to do the actions required by this AD, as applicable, unless
the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1, fax 206-766-5680; e-mail
me.boecom@boeing.com; Internet https://www.myboeingfleet.com.
(3) You may review copies of the service information that is
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221 or 425-227-1152.
(4) You may also review copies of the service information at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030, or
go to: http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
Table 1--Material Incorporated by Reference
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Service Bulletin Revision Date
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Boeing Service Bulletin 777- 2 June 12, 2008.
31A0119.
Boeing Service Bulletin 777- 2 June 12, 2008.
31A0120.
Boeing Special Attention 3 February 22, 2007.
Service Bulletin 777-31-0097.
Boeing Special Attention 1 May 3, 2007.
Service Bulletin 777-31-0098.
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Issued in Renton, Washington, on January 13, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-3367 Filed 2-25-09; 8:45 am]
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