Airworthiness Directives; Boeing Model 777-200 and 777-300 Series Airplanes, 24703-24705 [05-9198]
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Federal Register / Vol. 70, No. 90 / Wednesday, May 11, 2005 / Rules and Regulations
system, and possibly reduced controllability
and performance of the airplane in icing
conditions.
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.
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]
Installation
RIN 2120–AA64
(f) Within 90 days after the effective date
of this AD, install an additional mounting
angle at rib 9 in the leading edge area of the
left- and right-hand wings in accordance with
the Accomplishment Instructions of Dornier
Service Bulletin SB–328J–30–190, dated July
16, 2003.
Airworthiness Directives; Boeing
Model 777–200 and 777–300 Series
Airplanes
Alternative Methods of Compliance
(AMOCs)
(g) The Manager, International Branch,
ANM–116, FAA, Transport Airplane
Directorate, has the authority to approve
AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
Related Information
(h) German airworthiness directive D–
2004–049, dated February 1, 2004, also
addresses the subject of this AD.
Material Incorporated by Reference
(i) You must use Dornier Service Bulletin
SB–328J–30–190, dated July 16, 2003, 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 this document
in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. To get copies of the service
information, contact AvCraft Aerospace
GmbH, P.O. Box 1103, D–82230 Wessling,
Germany. To view the AD docket, go to the
Docket Management Facility, U.S.
Department of Transportation, 400 Seventh
Street SW., room PL–401, Nassif Building,
Washington, DC. To review copies of the
service information, contact 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 https://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. 05–9197 Filed 5–10–05; 8:45 am]
BILLING CODE 4910–13–P
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Jkt 205001
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
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 https://
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,
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
24703
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
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11MYR1
24704
Federal Register / Vol. 70, No. 90 / Wednesday, May 11, 2005 / Rules and Regulations
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
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14:57 May 10, 2005
Jkt 205001
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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
PO 00000
Authority: 49 U.S.C. 106(g), 40113, 44701.
Frm 00006
Fmt 4700
Sfmt 4700
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
I
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,
E:\FR\FM\11MYR1.SGM
11MYR1
Federal Register / Vol. 70, No. 90 / Wednesday, May 11, 2005 / Rules and Regulations
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 https://
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]
BILLING CODE 4910–13–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Part 150
RIN 3038–AC24
Revision of Federal Speculative
Position Limits
Commodity Futures Trading
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: The Commodity Futures
Trading Commission (Commission) is
amending Commission regulation 150.2
to increase the speculative position
limit levels for all single-month and allmonths-combined positions subject to
such limits. In addition, the
Commission is making other clarifying
amendments concerning the aggregation
of positions when a Designated Contract
Market (DCM) trades two or more
contracts with substantially identical
terms, and is deleting several obsolete
provisions in part 150 that relate to
contracts that are no longer listed for
trading or to DCMs that no longer exist.
DATES: Effective June 10, 2005.
FOR FURTHER INFORMATION CONTACT:
Clarence Sanders, Attorney, Division of
Market Oversight, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street, NW.,
Washington, DC 20581, telephone (202)
418–5068, facsimile number (202) 418–
5507, electronic mail csanders@cftc.gov;
or Martin Murray, Economist, Division
of Market Oversight, telephone (202)
418–5276, facsimile number (202) 418–
5507, electronic mail
mmurray@cftc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 15, 2005 (70 FR 12621), the
Commission published proposed
amendments to Commission regulation
150.2 to increase the speculative
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Jkt 205001
position limit levels for single-month
and all-months-combined positions for
CBT Corn, Oats, Soybeans, Wheat,
Soybean Oil, and Soybean Meal; MGE
Hard Red Spring Wheat; KCBT Hard
Winter Wheat, and NYBOT Cotton No.
2.1 The spot month limits for all of these
commodities would remain unchanged.
The Commission also proposed to
clarify in regulation 150.2 its practice of
aggregating traders’ positions for
purposes of ascertaining compliance
with Federal speculative position limits
when a DCM lists for trading two or
more contracts with substantially
identical terms based on the same
underlying commodity characteristics.
Finally, the Commission proposed to
delete several obsolete provisions in
part 150 that relate to contracts that are
no longer listed for trading or to DCMs
that no longer exist.2
II. Final Rules
The Commission is adopting as final
rules without additional amendment the
revisions to the speculative position
limit levels that were set forth in the
proposed rulemaking. This action is
based upon its experience in
administering these limits and after
carefully considering the comments
received in response to the notice of
proposed rulemaking.
Thirteen comment letters were
received in response to the proposed
rulemaking, all but one of which was in
favor. Favorable comments were
submitted by representatives of
agricultural trade or producer
organizations, in particular the
American Farm Bureau Federation
(AFBF) and the National Farmers Union
(NFU) who filed a joint statement, the
National Grain Trade Council, and the
National Grain and Feed Association;
two DCMs, the Minneapolis Grain
Exchange and the Chicago Board of
Trade; and several entities representing
the views of hedge fund managers,
particularly the Managed Funds
Association, Eclipse Capital, Campbell
& Company, Rotella Capital
Management, Chesapeake Capital
Corporation, John W. Henry & Co., and
1 Commission regulation 150.2 imposes three
types of position limits for each specified contract:
a spot-month limit, a single-month limit that
applies to each non-spot month, and an all-monthscombined limit.
2 Commission regulation 150.2 currently includes
Federal speculative position limits for agricultural
commodities traded on the MidAmerica
Commodity Exchange (MidAm) and for the white
wheat futures contract traded on MGE. These
provisions relating to the MidAm and the MGE
white wheat futures contract are obsolete and will
be repealed as part of this action. In addition,
reference to the New York Cotton Exchange is being
changed to NYBOT to reflect a change in corporate
organization.
PO 00000
Frm 00007
Fmt 4700
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24705
Graham Capital Management. Most of
the favorable comments supported the
proposed higher limits as a desirable
interim step towards the ultimate
abolition of Federal limits, although the
AFBF and NFU supported both the
higher limits and the continued
retention of Federal limits indefinitely.
In this regard, as the Commission noted
in its proposed rulemaking, while the
Commission has determined at this time
to retain Federal speculative position
limits at the increased levels contained
herein, the Commission intends to
continue its review of its current
policies regarding the administration of
speculative position limits, including a
further evaluation of the merits of
retaining Federal speculative limits.
The American Cotton Shippers
Association (ACSA) opposed the
proposed increase in the single-month
and all-months combined limits for
cotton. In particular, ACSA noted that
the NYBOT has proposed, in
consultation with its cotton committee,
the establishment of its own, exchangeset speculative position limits for the
cotton No. 2 futures and option
contracts. The NYBOT’s proposed limits
of 2,500 futures-equivalent contracts for
single months and 4,000 futuresequivalent contracts for all months
combined are lower than those to be
adopted by the Commission in this
rulemaking. Accordingly, ACSA
expressed the view that the Commission
should adopt in part 150 of the
Commission’s regulations the NYBOT’s
proposed lower levels.3
The Commission has taken this view
into account but nevertheless believes
that the limit levels it has proposed for
the NYBOT cotton No. 2 futures and
option contracts under part 150 of the
Commission’s regulations are
appropriate and that no change from its
proposed rulemaking is necessary for
several reasons. First, the Commission
has applied consistent criteria in setting
Federal speculative limits for all
commodities subject to those limits, and
it believes that it should continue this
policy. Accordingly, the all-monthscombined speculative position limit
levels adopted herein, including the
limit for the cotton No. 2 futures
contract, were set according to the
Commission’s long standing and wellestablished formula that takes into
3 In an August 3, 2004, letter, the NYBOT
submitted for Commission approval proposed
speculative position limit rules for the cotton No.
2 futures and option contracts pursuant to Section
5c(c)(2) of the Commodity Exchange Act, and
Commission regulation 40.4. At that time, the
NYBOT also agreed to extend the Commission’s
time to review and approve the amendments until
such time as the Commission should implement
amendments to Commission regulation 150.2.
E:\FR\FM\11MYR1.SGM
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Agencies
[Federal Register Volume 70, Number 90 (Wednesday, May 11, 2005)]
[Rules and Regulations]
[Pages 24703-24705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9198]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
https://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 https://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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