Airworthiness Directives; The Boeing Company Model 777-200, -200LR, -300, -300ER, and 777F Series Airplanes, 12657-12659 [2010-5290]

Download as PDF 12657 Rules and Regulations Federal Register Vol. 75, No. 51 Wednesday, March 17, 2010 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2010–0221; Directorate Identifier 2010–NM–043–AD; Amendment 39–16233; AD 2010–06–09] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Model 777–200, –200LR, –300, –300ER, and 777F Series Airplanes wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. Examining the AD Docket SUMMARY: We are adopting a new airworthiness directive (AD) for certain Model 777–200, –200LR, –300, –300ER, and 777F series airplanes. This AD requires installing new operational program software for the autopilot flight director computers. This AD results from reports of rejected takeoffs at speeds above takeoff decision speed following inadvertent autopilot engagement on the ground, and from the discovery during flight simulations that the climb gradient is less than optimal for obstacle clearance during a performance-limited takeoff situation. We are issuing this AD to prevent inadvertent engagement of the autopilot during takeoff roll, which could result in rejected takeoff at rotation speed, and consequent possible overrun of the runway. We are also issuing this AD to prevent a lower-than-optimal climb gradient during takeoff, and consequent failure to clear obstacles on the ground during a performance-limited takeoff. DATES: This AD is effective April 1, 2010. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 1, 2010. VerDate Nov<24>2008 14:47 Mar 16, 2010 Jkt 220001 We must receive comments on this AD by May 3, 2010. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 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. You may examine the AD docket on the Internet at https:// 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 street address for the Docket Office (telephone 800–647– 5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Frank van Leynseele, Aerospace Engineer, Systems and Equipment Branch, ANM–130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6492; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: Discussion We have received reports (including two in January 2010) of rejected takeoffs at speeds above takeoff decision speed following inadvertent engagement of the autopilot on the ground. Since 1995, there have been nine reported instances of a rejected takeoff because of higher PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 than normal control column forces at takeoff rotation due to the pilot inadvertently engaging the autopilot in lower-speed takeoff roll. When the flightcrew inadvertently engages the autopilot on ground during the lowerspeed phase of the takeoff roll, the control column forces will be higher than normal when the pilot attempts to initiate the takeoff rotation. This condition, if not corrected, could result in rejected takeoff at rotation speed, and consequent possible overrun of the runway. The Boeing Company has also discovered during flight simulations that the climb gradient is less than optimal for obstacle clearance during a one-engine takeoff (performancelimited) situation. This is caused by an error in the pitch command law of the autopilot flight director computer (AFDC). This condition, if not corrected, could result in a lower-than-optimal climb gradient during takeoff, and consequent failure to clear obstacles on the ground during a performancelimited takeoff. Relevant Service Information We reviewed Boeing Alert Service Bulletin 777–22A0024, dated January 22, 2010. The alert service bulletin describes procedures for installing new operational program software for the left, center, and right AFDCs. The new software will disengage the autopilot whenever the flaps are extended and the airplane is on the ground and not in rollout mode. Autopilot engagement is inhibited when the flaps are extended and the airplane is on the ground or below 50 feet above ground level. The new software also maintains the initial engine-out (performance-limited) takeoff pitch target for a longer duration to minimize altitude loss during the takeoff, and targets a velocity to maximize climbout performance. FAA’s Determination and Requirements of This AD We are issuing this AD because we evaluated all the relevant information and determined the unsafe conditions described previously are likely to exist or develop in other products of these same type designs. This AD requires accomplishing the actions specified in the service information described previously, except as discussed under ‘‘Differences Between the AD and the Service Information.’’ E:\FR\FM\17MRR1.SGM 17MRR1 12658 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations Differences Between the AD and the Service Information Although Boeing Alert Service Bulletin 777–22A0024, dated January 22, 2010, recommends accomplishing the operational program software installation ‘‘within 12 months after the original issue date of this service bulletin,’’ we have determined that this compliance time would not address the identified unsafe conditions in a timely manner. In developing an appropriate compliance time for this AD, we considered not only the manufacturer’s recommendation, but the degree of urgency associated with addressing the subject unsafe condition, the average utilization of the affected fleet, and the time necessary to perform the operational program software installation. In light of all of these factors, we find a compliance time of 90 days after the effective date of this AD for completing the required actions to be warranted, in that it represents an appropriate interval of time for affected airplanes to continue to operate without compromising safety. This difference has been coordinated with The Boeing Company. wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 FAA’s Justification and Determination of the Effective Date A rejected takeoff at rotation speed significantly increases the risk of a runway overrun, and a lower-thanoptimal climb gradient during a performance-limited takeoff drastically increases the risk of failure of the airplane to clear obstacles on the ground during the initial climb phase after takeoff. Both of these conditions can result in fatal injury to flightcrew, passengers, and people on the ground, as well as extensive damage to the airplane and property on the ground. Because of our requirement to promote safe flight of civil aircraft and thus the critical need to ensure the proper functioning of the autopilot flight director system, in addition to the two recent reports and the short compliance time involved with this action, this AD must be issued immediately. Because an unsafe condition exists that requires the immediate adoption of this AD, we find that notice and opportunity for prior public comment hereon are impracticable and that good cause exists for making this amendment effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments before it becomes effective. VerDate Nov<24>2008 14:47 Mar 16, 2010 Jkt 220001 However, we invite you to send any written data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA– 2010–0221; Directorate Identifier 2010– NM–043–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. 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. § 39.13 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. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 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: ■ PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ■ 2010–06–09 The Boeing Company: Amendment 39–16233. Docket No. FAA–2010–0221; Directorate Identifier 2010–NM–043–AD. Effective Date (a) This airworthiness directive (AD) is effective April 1, 2010. Affected ADs (b) None. Applicability (c) This AD applies to The Boeing Company Model 777–200, –200LR, –300, –300ER, and 777F series airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin 777–22A0024, dated January 22, 2010. Subject (d) Air Transport Association (ATA) of America Code 22: Auto Flight. Unsafe Condition (e) This AD results from reports of rejected takeoffs at speeds above takeoff decision speed following inadvertent autopilot engagement on the ground, and from the discovery during flight simulations that the climb gradient is less than optimal for obstacle clearance during a performancelimited takeoff situation. The Federal Aviation Administration is issuing this AD to prevent inadvertent engagement of the autopilot during takeoff roll, which could result in rejected takeoff at rotation speed, and consequent possible overrun of the runway. We are also issuing this AD to prevent a lower-than-optimal climb gradient during takeoff, and consequent failure to clear obstacles on the ground during a performance-limited takeoff. Compliance (f) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. E:\FR\FM\17MRR1.SGM 17MRR1 Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / Rules and Regulations Software Installation for the Autopilot Flight Director Computers Issued in Renton, Washington, on March 3, 2010. Suzanne Masterson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. (g) Within 90 days after the effective date of this AD, install new operational program software in the left, center, and right autopilot flight director computers, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 777–22A0024, dated January 22, 2010. [FR Doc. 2010–5290 Filed 3–16–10; 8:45 am] Special Flight Permit DEPARTMENT OF TRANSPORTATION (h) Special flight permits, as described in Section 21.197 and Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199), are not allowed. Alternative Methods of Compliance (AMOCs) (i)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to Attn: Frank van Leynseele, Aerospace Engineer, Systems and Equipment Branch, ANM–130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6492; fax (425) 917–6590. Information may be e-mailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. (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 principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD. wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Material Incorporated by Reference (j) You must use Boeing Alert Service Bulletin 777–22A0024, dated January 22, 2010, to do the actions required by this AD, 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 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 that is incorporated by reference 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: https://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. VerDate Nov<24>2008 14:47 Mar 16, 2010 Jkt 220001 BILLING CODE 4910–13–P Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0663; Directorate Identifier 2007–SW–25–AD; Amendment 39– 16231; AD 2010–06–07] RIN 2120–AA64 Airworthiness Directives; Eurocopter France Model AS 332 C, L, L1, and L2; AS 350 B3; AS355 F, F1, F2, and N; SA 365N and N1; AS 365 N2 and N3; SA 366G1; EC 130 B4; and EC 155B and B1 Helicopters AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive (AD) for the specified model helicopters. This AD results from a mandatory continuing airworthiness information (MCAI) AD issued by the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community. The MCAI AD states that the AD is issued following a manufacturing nonconformity found on one batch of the servo-control caps. With a defective servo-control, rotation of the distributor might not be stopped mechanically since only friction of inner seals holds the distributor sleeve in its position. The AD actions are intended to address the unsafe condition created by a manufacturing nonconformity found on one batch of servo-control caps. If not corrected this condition could cause untimely movements of servo-controls, which are used on main and anti-torque rotors, and lead to the loss of control of the helicopter. DATES: This AD becomes effective on April 21, 2010. The incorporation by reference of certain publications is approved by the Director of the Federal Register as of April 21, 2010. ADDRESSES: You may examine the AD docket on the Internet at https:// regulations.gov or in person at the Docket Operations office, U.S. Department of Transportation, M–30, PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 12659 West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC between 9 a.m. and 5 p.m. Monday through Friday, except Federal holidays. You may get the service information identified in this AD from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, TX 75053–4005, telephone (972) 641–3460, fax (972) 641–3527, or at https:// www.eurocopter.com. EXAMINING THE AD DOCKET: The AD docket contains the Notice of proposed rulemaking (NPRM), the economic evaluation, any comments received, and other information. The street address and operating hours for the Docket Operations office (telephone (800) 647– 5527) are in the ADDRESSES section of this AD. Comments will be available in the AD docket shortly after they are received. FOR FURTHER INFORMATION CONTACT: Uday Garadi, Aviation Safety Engineer, Regulations and Policy Group, FAA, Rotorcraft Directorate, Fort Worth, Texas 76137, telephone (817) 222–5123, fax (817) 222–5961. SUPPLEMENTARY INFORMATION: Discussion We issued an NPRM to amend 14 CFR part 39 to include an AD that would apply to the Eurocopter France Model AS 332 C, L, L1, and L2; AS 350 B3; AS355 F, F1, F2, and N; SA 365N and N1; AS 365 N2 and N3; SA 366G1; EC 130 B4; and EC 155B and B1 helicopters on July 14, 2009. That NPRM was published in the Federal Register on August 3, 2009 (74 FR 38381). That NPRM proposed to address the unsafe condition created by a manufacturing nonconformity found on one batch of servo-control caps. If not corrected this condition could cause untimely movements of servo-controls, which are used on main and anti-torque rotors, and lead to the loss of control of the helicopter. You may obtain further information by examining the MCAI AD and any related service information in the AD docket. Comments By publishing the NPRM, we gave the public an opportunity to participate in developing this AD. However, we received no comment on the NPRM or on our determination of the cost to the public. Therefore, based on our review and evaluation of the available data, we have determined that air safety and the public interest require adopting the AD as proposed. E:\FR\FM\17MRR1.SGM 17MRR1

Agencies

[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Rules and Regulations]
[Pages 12657-12659]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5290]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 75, No. 51 / Wednesday, March 17, 2010 / 
Rules and Regulations

[[Page 12657]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0221; Directorate Identifier 2010-NM-043-AD; 
Amendment 39-16233; AD 2010-06-09]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 777-200, -
200LR, -300, -300ER, and 777F Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Model 777-200, -200LR, -300, -300ER, and 777F series airplanes. This AD 
requires installing new operational program software for the autopilot 
flight director computers. This AD results from reports of rejected 
takeoffs at speeds above takeoff decision speed following inadvertent 
autopilot engagement on the ground, and from the discovery during 
flight simulations that the climb gradient is less than optimal for 
obstacle clearance during a performance-limited takeoff situation. We 
are issuing this AD to prevent inadvertent engagement of the autopilot 
during takeoff roll, which could result in rejected takeoff at rotation 
speed, and consequent possible overrun of the runway. We are also 
issuing this AD to prevent a lower-than-optimal climb gradient during 
takeoff, and consequent failure to clear obstacles on the ground during 
a performance-limited takeoff.

DATES: This AD is effective April 1, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 1, 
2010.
    We must receive comments on this AD by May 3, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    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 https://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 street address for 
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Frank van Leynseele, Aerospace 
Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6492; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    We have received reports (including two in January 2010) of 
rejected takeoffs at speeds above takeoff decision speed following 
inadvertent engagement of the autopilot on the ground. Since 1995, 
there have been nine reported instances of a rejected takeoff because 
of higher than normal control column forces at takeoff rotation due to 
the pilot inadvertently engaging the autopilot in lower-speed takeoff 
roll. When the flightcrew inadvertently engages the autopilot on ground 
during the lower-speed phase of the takeoff roll, the control column 
forces will be higher than normal when the pilot attempts to initiate 
the takeoff rotation. This condition, if not corrected, could result in 
rejected takeoff at rotation speed, and consequent possible overrun of 
the runway.
    The Boeing Company has also discovered during flight simulations 
that the climb gradient is less than optimal for obstacle clearance 
during a one-engine takeoff (performance-limited) situation. This is 
caused by an error in the pitch command law of the autopilot flight 
director computer (AFDC). This condition, if not corrected, could 
result in a lower-than-optimal climb gradient during takeoff, and 
consequent failure to clear obstacles on the ground during a 
performance-limited takeoff.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 777-22A0024, dated 
January 22, 2010. The alert service bulletin describes procedures for 
installing new operational program software for the left, center, and 
right AFDCs. The new software will disengage the autopilot whenever the 
flaps are extended and the airplane is on the ground and not in rollout 
mode. Autopilot engagement is inhibited when the flaps are extended and 
the airplane is on the ground or below 50 feet above ground level. The 
new software also maintains the initial engine-out (performance-
limited) takeoff pitch target for a longer duration to minimize 
altitude loss during the takeoff, and targets a velocity to maximize 
climbout performance.

FAA's Determination and Requirements of This AD

    We are issuing this AD because we evaluated all the relevant 
information and determined the unsafe conditions described previously 
are likely to exist or develop in other products of these same type 
designs. This AD requires accomplishing the actions specified in the 
service information described previously, except as discussed under 
``Differences Between the AD and the Service Information.''

[[Page 12658]]

Differences Between the AD and the Service Information

    Although Boeing Alert Service Bulletin 777-22A0024, dated January 
22, 2010, recommends accomplishing the operational program software 
installation ``within 12 months after the original issue date of this 
service bulletin,'' we have determined that this compliance time would 
not address the identified unsafe conditions in a timely manner. In 
developing an appropriate compliance time for this AD, we considered 
not only the manufacturer's recommendation, but the degree of urgency 
associated with addressing the subject unsafe condition, the average 
utilization of the affected fleet, and the time necessary to perform 
the operational program software installation. In light of all of these 
factors, we find a compliance time of 90 days after the effective date 
of this AD for completing the required actions to be warranted, in that 
it represents an appropriate interval of time for affected airplanes to 
continue to operate without compromising safety. This difference has 
been coordinated with The Boeing Company.

FAA's Justification and Determination of the Effective Date

    A rejected takeoff at rotation speed significantly increases the 
risk of a runway overrun, and a lower-than-optimal climb gradient 
during a performance-limited takeoff drastically increases the risk of 
failure of the airplane to clear obstacles on the ground during the 
initial climb phase after takeoff. Both of these conditions can result 
in fatal injury to flightcrew, passengers, and people on the ground, as 
well as extensive damage to the airplane and property on the ground. 
Because of our requirement to promote safe flight of civil aircraft and 
thus the critical need to ensure the proper functioning of the 
autopilot flight director system, in addition to the two recent reports 
and the short compliance time involved with this action, this AD must 
be issued immediately.
    Because an unsafe condition exists that requires the immediate 
adoption of this AD, we find that notice and opportunity for prior 
public comment hereon are impracticable and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2010-0221; Directorate Identifier 2010-NM-043-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this AD because of those comments.
    We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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:

2010-06-09 The Boeing Company: Amendment 39-16233. Docket No. FAA-
2010-0221; Directorate Identifier 2010-NM-043-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective April 1, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 777-200, -200LR, 
-300, -300ER, and 777F series airplanes, certificated in any 
category; as identified in Boeing Alert Service Bulletin 777-
22A0024, dated January 22, 2010.

Subject

    (d) Air Transport Association (ATA) of America Code 22: Auto 
Flight.

Unsafe Condition

    (e) This AD results from reports of rejected takeoffs at speeds 
above takeoff decision speed following inadvertent autopilot 
engagement on the ground, and from the discovery during flight 
simulations that the climb gradient is less than optimal for 
obstacle clearance during a performance-limited takeoff situation. 
The Federal Aviation Administration is issuing this AD to prevent 
inadvertent engagement of the autopilot during takeoff roll, which 
could result in rejected takeoff at rotation speed, and consequent 
possible overrun of the runway. We are also issuing this AD to 
prevent a lower-than-optimal climb gradient during takeoff, and 
consequent failure to clear obstacles on the ground during a 
performance-limited takeoff.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

[[Page 12659]]

Software Installation for the Autopilot Flight Director Computers

    (g) Within 90 days after the effective date of this AD, install 
new operational program software in the left, center, and right 
autopilot flight director computers, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 777-
22A0024, dated January 22, 2010.

Special Flight Permit

    (h) Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), are not allowed.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. Send information to 
Attn: Frank van Leynseele, Aerospace Engineer, Systems and Equipment 
Branch, ANM-130S, FAA, Seattle Aircraft Certification Office, 1601 
Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
917-6492; fax (425) 917-6590. Information may be e-mailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (j) You must use Boeing Alert Service Bulletin 777-22A0024, 
dated January 22, 2010, to do the actions required by this AD, 
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 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 that 
is incorporated by reference 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: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 3, 2010.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-5290 Filed 3-16-10; 8:45 am]
BILLING CODE 4910-13-P

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