[Federal Register Volume 74, Number 37 (Thursday, February 26, 2009)]
[Rules and Regulations]
[Pages 8726-8728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3367]


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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 [email protected]; 
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 
[email protected]; 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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