[Federal Register Volume 70, Number 90 (Wednesday, May 11, 2005)]
[Rules and Regulations]
[Pages 24703-24705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9198]


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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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