Airworthiness Directives; The Boeing Company Airplanes, 19501-19505 [2024-05497]
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Federal Register / Vol. 89, No. 54 / Tuesday, March 19, 2024 / Rules and Regulations
III. Procedural Issues and Regulatory
Review
Pursuant to the Administrative
Procedure Act, 5 U.S.C. 553(b)(3)(B),
DOE finds that there is good cause not
to issue a separate notice to solicit
public comment on the change made by
this rule. Issuing a separate notice to
solicit public comment is unnecessary.
This rule makes a non-substantive
change to the regulations and simply
provides consistency between the
regulation and statutory authority.
Providing prior notice and an
opportunity for public comment on
such a change serves no useful purpose.
As such, this rule is not subject to the
30-day delay in effective date
requirement of 5 U.S.C. 553(d)
otherwise applicable to rules that make
substantive changes.
VI. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this final rule; technical
amendment.
PART 436—FEDERAL ENERGY
MANAGEMENT AND PLANNING
PROGRAMS
The authority citation for part 436 is
revised to read as follows:
Authority: 42 U.S.C. 7101 et seq.; 42
U.S.C. 8254; 42 U.S.C. 8258; 42 U.S.C. 8259b;
42 U.S.C. 8287, et seq.
2. Amend § 436.30 by revising
paragraph (a) to read as follows:
■
§ 436.30
Purpose and scope.
(a) General. This subpart provides
procedures and methods which apply to
Federal agencies with regard to the
award and administration of energy
savings performance contracts. This
subpart applies in addition to the
Federal Acquisition Regulation at Title
48 of the CFR and related Federal
agency regulations. The provisions of
this subpart are controlling with regard
to energy savings performance contracts
notwithstanding any conflicting
provisions of the Federal Acquisition
Regulation and related Federal agency
regulations.
*
*
*
*
*
[FR Doc. 2024–05762 Filed 3–18–24; 8:45 am]
List of Subjects in 10 CFR Part 436
BILLING CODE 6450–01–P
Energy conservation; Energy Savings
Performance Contracts, Federal
buildings and facilities, Reporting and
recordkeeping requirements.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Signing Authority
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This document of the Department of
Energy was signed on March 13, 2024,
by Mary Sotos, Director of the Federal
Energy Management Program, pursuant
to delegated authority from the
Secretary of Energy. That document
with the original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on March 14,
2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons set forth in the
preamble, DOE amends part 436 of
chapter II, of title 10 of the Code of
Federal Regulations, as set forth below:
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14 CFR Part 39
[Docket No. FAA–2022–0598; Project
Identifier AD–2021–01322–T; Amendment
39–22688; AD 2024–04–09]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
The Boeing Company Model 777–200,
777–200LR, 777–300, 777–300ER, and
777F series airplanes. This AD was
prompted by reports of wing anti-ice
(WAI) valve failure that can result in
undetected structural damage to leading
edge (LE) slat assemblies, and separately
a failure of the autothrottle (A/T) to
disconnect after the pilot manually
advanced the throttle levers, which
caused a low-speed condition during a
go-around. This AD was also prompted
by a determination that insufficient lowspeed protection exists in the 777 fleet
and a determination that the flightcrew
may not recognize and properly respond
SUMMARY:
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19501
to a multi-channel unreliable airspeed
event. This AD requires installing
certain new software and doing a
software configuration check. The FAA
is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective April 23,
2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 23, 2024.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–0598; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, any comments
received, and other information. The
address for Docket Operations is U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590.
Material Incorporated by Reference:
• For service information identified
in this final rule, contact Boeing
Commercial Airplanes, Attention:
Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110–SK57,
Seal Beach, CA 90740–5600; telephone
562–797–1717; website
myboeingfleet.com.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195. It is also available at
regulations.gov under Docket No. FAA–
2022–0598.
FOR FURTHER INFORMATION CONTACT:
Doug Tsuji, Aviation Safety Engineer,
FAA, 2200 South 216th St., Des Moines,
WA 98198; phone: 206–231–3548;
email: douglas.tsuji@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain The Boeing Company
Model 777–200, 777–200LR, 777–300,
777–300ER, and 777F series airplanes.
The NPRM published in the Federal
Register on June 22, 2022 (87 FR 37249).
The NPRM was prompted by reports of
WAI valve failure that can result in
undetected structural damage to LE slat
assemblies, and separately a failure of
the A/T to disconnect after the pilot
manually advanced the throttle levers,
which caused a low-speed condition
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during a go-around. The NPRM was also
prompted by a determination that
insufficient low-speed protection exists
in the 777 fleet and a determination that
the flightcrew may not recognize and
properly respond to a multi-channel
unreliable airspeed event. In the NPRM,
the FAA proposed to require installing
certain new software and doing a
software configuration check. The FAA
is issuing this AD to prevent undetected
failure of the WAI system and
consequent high temperature bleed air
flowing into the LE slat assemblies,
which could result in reduced structural
integrity of the slat and prevent
continued safe flight and landing of the
airplane. The FAA is also issuing this
AD to prevent failure of the A/T to
disconnect after manually advancing the
throttle levers, or insufficient low
energy protection, which could result in
controlled flight into terrain, or a multichannel unreliable airspeed event could
result in loss of control of the airplane.
Request To Remove Certain
Information From What Prompted the
Proposed AD
Request To Move Certain Information
Boeing requested that two sentences
related to a requirement to install earlier
BP versions of AIMS–2 BP software
prior to installing AIMS–2 BP Version
17C software be moved from the
Background to the Related Service
Information Under 1 CFR part 51
section of the NPRM.
The FAA acknowledges the
commenter’s request. However, the
information in those sentences does not
directly relate to the actions specified in
the service information specified in the
Related Service Information Under 1
CFR part 51 section of this final rule.
Therefore, the FAA has determined that
moving the information is not
appropriate. Additionally, that portion
of the Background section does not get
carried over to the final rule. The FAA
has not changed this AD regarding this
issue.
Boeing requested that the proposed
AD be revised to remove all wording
stating that the proposed AD ‘‘was also
prompted by a determination that
insufficient low speed protection exists
in the 777 fleet and a determination that
the flight crew may not recognize and
properly respond to a multi-channel
unreliable airspeed event.’’ Boeing
stated that the change that the AIMS
Version 17C resolves is unrelated to
unreliable airspeed indication, and that
the Fault Tolerant air data inertial
reference system (ADIRS) provides
reliable airspeed data.
The FAA agrees to clarify. The
changes associated with AIMS–2
Version 17C are not directly related to
the issue of unreliable airspeed
indication, and are intended to address
the WAI issue and the A/T issue.
Request To Revise Sentence Related to
Earlier Software Update
Boeing requested that the FAA revise
a sentence in the Background section of
the NPRM to specify that ‘‘AIMS–2 BP
V17B’’ rather than ‘‘One earlier software
update’’ was prompted by an accident at
San Francisco International Airport.
Boeing stated that this would clarify
that AIMS Version 17B is for the AIMS–
2 platform.
The FAA disagrees with the
commenter’s request. Within the context
of the Background section of the NPRM,
the FAA clearly identified ‘‘AIMS–2 BP
Version 17B’’ and that it was developed
as a result of the accident investigation.
Additionally, that portion of the
Background section does not get carried
over to the final rule. The FAA has not
changed this AD regarding this issue.
Discussion of Final Airworthiness
Directive
Comments
The FAA received comments from the
Air Line Pilots Association,
International (ALPA) and an individual
who supported the NPRM without
change. Air Peace Limited (Air Peace)
supported the NPRM, and had
additional comments detailed below.
The FAA received additional
comments from four commenters,
including Boeing, American Airlines,
United Airlines (United), and Alis
Cargo. The following presents the
comments received on the NPRM and
the FAA’s response to each comment.
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However, the FAA disagrees with
removing reference to the insufficient
low-speed protection and unreliable
airspeed because some of the changes
associated with AIMS–2 Version 17C
were to fix an unsafe condition (A/T
issue) introduced by the previous
AIMS–2 update (Version 17B). The FAA
acknowledges previous versions of
AIMS software addressed unreliable
airspeed (Version 17.1) and insufficient
low airspeed protection (Version 17B)
and that Version 17C has had these
updates previously incorporated.
However, neither of these earlier
software updates were mandated by AD
action. Therefore, this AD is addressing
unreliable airspeed and insufficient low
airspeed protection through requiring
the software update that addresses all of
the changes related to the identified
unsafe condition. The FAA has not
changed this AD regarding this issue.
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Request To Correct Typographical
Errors and Add Service Information
Reference
Boeing requested that the FAA correct
several typographical errors in the Costs
of Compliance section of the NPRM.
Boeing noted that ‘‘AIMS 2’’ should be
‘‘AIMS–2;’’ ‘‘SB 777–21–0322’’ should
be ‘‘SB 777–31–0332;’’ and that the
action to install AIMS–2 BP Version 17C
should specify bulletin ‘‘777–31A0342.’’
The FAA agrees to correct these
typographical errors and add the
reference to the service information. The
FAA has revised the Costs of
Compliance section of this final rule
accordingly.
Request To Revise Explanation of
AIMS–2 BP Version 17C Software
Boeing requested that the FAA revise
the third paragraph of the Background
portion of the NPRM to clarify why
Boeing developed AIMS–2 BP Version
17C software. Boeing provided
suggested wording.
The FAA agrees that Boeing’s
suggested wording would provide a
more detailed description of why
AIMS–2 BP Version 17C software was
developed. However, that wording is
not necessary to explain the
requirements of and reasons for this AD.
Additionally, that section of the
Background portion does not get carried
over to the final rule. Therefore, no
change to this AD is necessary regarding
this issue.
Request To Extend Compliance Time
Air Peace Limited and United
requested that, for operators that will
require an upgrade of AIMS–1 to AIMS–
2, the compliance time be extended to
48 months. Air Peace noted that the
upgrade has a high cost and that there
is a lead time for acquiring parts.
The FAA disagrees with the
commenters’ request. In developing an
appropriate compliance time for this
action, the FAA considered the
recommendations of the manufacturer,
the urgency associated with the subject
unsafe condition, and the availability of
required parts. In consideration of these
items, the FAA has determined that a 36
month compliance time will ensure an
acceptable level of safety. However,
under the provisions of paragraph (i) of
this AD, the FAA will consider requests
for approval of an extension of the
compliance time if sufficient data are
submitted to substantiate that the new
compliance time would provide an
acceptable level of safety. The FAA has
not changed this AD in this regard.
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Request To Allow Later-Approved
Software
American Airlines requested that
paragraph (g) of the proposed AD be
revised to specify that later-approved
versions of the Block Point (BP)
software are allowed for compliance.
The commenter noted that this would
minimize the need for alternative
methods of compliance (AMOCs).
The FAA agrees to clarify. Boeing
Alert Requirements Bulletin 777–
31A0342 RB, dated July 19, 2021, which
is incorporated by reference, already
allows the installation of the specified
software ‘‘or later approved software
part numbers’’ and specifies in the
General Information paragraph what
constitutes ‘‘later approved’’ software.
Therefore, no change to this AD is
necessary.
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Request To Remove Certain Airplanes
From the Applicability
Alis Cargo noted that its fleet has a
current configuration of AIMS–1 BP
Version 16, so is part of Group 5 as
specified in Boeing Alert Requirements
Bulletin 777–31A0342 RB, dated July
19, 2021. Alis Cargo added that no
concurrent requirements are specified
for Group 5 airplanes in Boeing Alert
Requirements Bulletin 777–31A0342
RB, dated July 19, 2021, making it
unclear that a large and costly hardware
upgrade from AIMS–1 to AIMS–2 is
required. The commenter noted that the
manufacturer said AIMS–1 hardware is
limited and obsolete, so no dedicated
software release is available for AIMS–
1. The commenter stated that no known
safety issues are related to AIMS–1
hardware, so operators should not be
forced to upgrade the hardware to fix a
software issue.
The FAA infers that the commenter is
requesting to remove airplanes
equipped with AIMS–1 hardware from
the applicability of this AD. The FAA
acknowledges the high cost of
converting from AIMS–1 to AIMS–2
hardware and has updated the footnote
in the Costs of Compliance section to
estimate the parts cost for this action.
The FAA has determined this action is
necessary to address the unsafe
condition. The unsafe condition is not
AIMS–1 or AIMS–2 dependent, but
rather is connected to the related BP
software. Changes to the existing AIMS–
1 software (i.e., a more complex
software code requiring more memory
and computing capability) would
exceed the capabilities of AIMS–1
hardware. Since the software running
on AIMS–1 hardware is unsafe and
cannot be upgraded on the AIMS–1
platform, affected airplanes must be
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converted to AIMS–2 hardware so that
new software that addresses the unsafe
conditions can be installed. The FAA
has not changed this AD in this regard.
Request To Allow Using Certain Service
Information
United requested that the proposed
AD be revised to include certain AIMS
retrofit service bulletins, which include
steps for replacing AIMS–1 with AIMS–
2. United noted that Boeing provided
several bulletins, which United used to
accomplish the retrofit on a portion of
its fleet that was equipped with AIMS–
1. United concluded that specifying the
service information would reduce the
number of AMOC submittals.
The FAA acknowledges the
commenter’s concerns. However, listing
additional service information is not
practical in this case because the
bulletins that United mentioned may
not be the only bulletins used to
upgrade to AIMS–2, and some may be
specific to a certain operator or certain
airplane configuration. However, the
FAA concurs that, if an airplane was
upgraded to AIMS–2 prior to the
effective date of this AD, obtaining an
AMOC for the upgrade is no longer
necessary. In addition, the FAA has
determined that clarification of the
definition of Group 5 airplanes is
necessary, since an airplane that was
upgraded to AIMS–2 after the service
information was released might no
longer fit into the group definitions in
the service information. For an airplane
on which AIMS–1 was upgraded to
AIMS–2 prior to the effective date of
this AD, obtaining an AMOC is not
required. However, installing the AIMS–
2 BP Version 17C software part numbers
and doing a software configuration
check are still required, along with any
applicable concurrent actions. The FAA
has added paragraph (h)(6) of this AD to
clarify the group definition and
requirements for airplanes that were
upgraded to AIMS–2.
Request To Revise Costs of Compliance
United requested that the Costs of
Compliance section of the proposed AD
be revised to account for higher
hardware costs and more work-hours.
United stated that Boeing Alert
Requirements Bulletin 777–31A0342
RB, dated July 19, 2021, implements
ATN [Aeronautical
Telecommunications Network]
Controller Pilot Data Link
Communications (CPDLC) for AIMS–2
airplanes. United added that AIMS–1
configured airplanes do not use the
VDLMD2 radios required for CPDLC
software that is part of the required
BP17C software, so those airplanes also
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19503
require a retrofit of VHF radios and OPC
software, as well as replacement of the
Tuning panel. The commenter also
noted that the hardware cost for the
AIMS retrofit is higher than that
estimated in the proposed AD and
provided suggested revised costs for
installing AIMS–2 and BP17B/C.
The FAA acknowledges the
commenter’s concerns and that
upgrading from AIMS–1 to AIMS–2 may
require additional modifications not
accounted for in this AD. However, this
AD does not require using specific
service information to upgrade from
AIMS–1 to AIMS–2, but instead requires
obtaining an AMOC, as specified in
paragraph (h)(2) of this AD. The FAA
has no way of knowing the specific
configuration of each airplane equipped
with AIMS–1 and cannot account for all
possible incidental costs that may be
required in upgrading a particular
airplane to AIMS–2. The cost
information specified in this AD
describes only the direct costs of the
specific actions required by this AD.
Based on the best data available, the
manufacturer provided the estimated
number of work hours and parts costs
necessary to do the required actions.
This number represents the time
necessary to perform only the actions
actually required by this AD. The FAA
recognizes that, in doing the actions
required by an AD, operators might
incur incidental costs in addition to the
direct costs. The cost analysis in AD
rulemaking actions, however, typically
does not include incidental costs such
as the time necessitated by other
administrative actions or incorporating
other associated technologies. Those
incidental costs might vary significantly
among operators. Therefore, the FAA
has not changed this AD regarding this
issue.
Conclusion
The FAA reviewed the relevant data,
considered any comments received, and
determined that air safety requires
adopting this AD as proposed.
Accordingly, the FAA is issuing this AD
to address the unsafe condition on these
products. Except for minor editorial
changes, and any other changes
described previously, this AD is
adopted as proposed in the NPRM.
None of the changes will increase the
economic burden on any operator.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Alert
Requirements Bulletin 777–31A0342
RB, dated July 19, 2021. This service
information specifies procedures for
installing new AIMS–2 BP Version 17C
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software, and doing a software
configuration check. For Groups 1, 2,
and 3: this service information also
specifies concurrent actions (installation
of AIMS–2 BP Version 17B software;
installation of AIMS–2 and PlaneNet-2
systems; or installation of AIMS–2 and
software; depending on configuration).
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in ADDRESSES.
Costs of Compliance
The FAA estimates that this AD
affects 353 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS *
Action
Labor cost
Install AIMS–2 BP Version 17C and
do software check (777–31A0342
RB).
Install AIMS–2 BP Version 17B
(SB777-31-0294).
Install AIMS–2 and PlaneNet-2 (SB
777-31-0331).
Install AIMS–2 and software (SB
777–31–0322).
Cost on U.S.
operators
Parts cost
Cost per product
3 work-hours × $85 per hour = $255
Up to $13,140 ........
Up to $13,395 ........
Up to $4,728,435.
3 work-hours × $85 per hour = $255
Up to $13,140 ........
Up to $13,395 ........
Up to $4,728,435.
Up to 101 work-hours × $85 per hour
= Up to $8,585.
Up to 106 works-hours × $85 per
hour = Up to $9,010.
Up to $13,140 ........
Up to $21,725 ........
Up to $7,668,925.
Up to $13,140 ........
Up to $22,150 ........
Up to $7,818,950.
* This software parts cost is estimated to be the same for the concurrent actions as for the primary actions. The FAA does not have any definitive data on which to base the additional parts cost associated with installing AIMS–2, but estimates the cost could be up to $762,500, depending on airplane configuration. Additionally, the FAA estimates that 100 airplanes of U.S. registry may require installing AIMS–2.
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some or all
of the costs of this AD may be covered
under warranty, thereby reducing the
cost impact on affected operators.
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.
The FAA is 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.
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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.
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For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, 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.
(c) Applicability
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
(e) Unsafe Condition
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2024–04–09 The Boeing Company:
Amendment 39–22688; Docket No.
FAA–2022–0598; Project Identifier AD–
2021–01322–T.
(a) Effective Date
This airworthiness directive (AD) is
effective April 23, 2024.
(b) Affected ADs
None.
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This AD applies to The Boeing Company
Model 777–200, 777–200LR, 777–300, 777–
300ER, and 777F series airplanes, certificated
in any category, as identified in Boeing Alert
Requirements Bulletin 777–31A0342 RB,
dated July 19, 2021.
(d) Subject
Air Transport Association (ATA) of
America Code 31, Instruments.
This AD was prompted by reports of wing
anti-ice (WAI) valve failure that can result in
undetected structural damage to leading edge
(LE) slat assemblies, and separately a failure
of the autothrottle (A/T) to disconnect after
the pilot manually advanced the throttle
levers disconnect after the pilot manually
advanced the throttle levers, which caused a
low-speed condition during a go-around.
This AD was also prompted by a
determination that insufficient low-speed
protection exists in the 777 fleet and a
determination that the flightcrew may not
recognize and properly respond to a multichannel unreliable airspeed event. The FAA
is issuing this AD to prevent undetected
failure of the WAI system and consequent
high temperature bleed air flowing into the
LE slat assemblies, which could result in
reduced structural integrity of the slat and
prevent continued safe flight and landing of
the airplane. The FAA is also issuing this AD
to prevent failure of the A/T to disconnect
after manually advancing the throttle levers,
or insufficient low energy protection, which
could result in controlled flight into terrain,
or a multi-channel unreliable airspeed event
could result in loss of control of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Required Actions
Except as specified by paragraph (h) of this
AD: At the applicable times specified in the
‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin 777–31A0342 RB,
dated July 19, 2021, do all applicable actions
identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert
Requirements Bulletin 777–31A0342 RB,
dated July 19, 2021.
Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin 777–31A0342, dated July 19, 2021,
which is referred to in Boeing Alert
Requirements Bulletin 777–31A0342 RB,
dated July 19, 2021.
(h) Exceptions to Service Information
Specifications
(1) Where the Compliance Time columns
of the tables in the ‘‘Compliance’’ paragraph
of Boeing Alert Requirements Bulletin 777–
31A0342 RB, dated July 19, 2021, use the
phrase ‘‘the original issue date of
Requirements Bulletin 777–31A0342 RB,’’
this AD requires using the effective date of
this AD.
(2) Where Boeing Alert Requirements
Bulletin 777–31A0342 RB, dated July 19,
2021, specifies contacting Boeing for
instructions for upgrading certain software:
This AD requires doing the upgrade using a
method approved in accordance with the
procedures specified in paragraph (i) of this
AD.
(3) Where the description in the Effectivity
section of Boeing Alert Requirements
Bulletin 777–31A0342 RB, dated July 19,
2021, defines Group 1 airplanes as
‘‘Airplanes with Airplane Information
Management System (AIMS)–2 with service
bulletin 777–31–0294 incorporated,’’ this AD
requires using ‘‘Airplanes with Airplane
Information Management System (AIMS)–2
with a requirement to incorporate service
bulletin 777–31–0294.’’
(4) Where the description in the Effectivity
section of Boeing Alert Requirements
Bulletin 777–31A0342 RB, dated July 19,
2021, defines Group 2 airplanes as
‘‘Airplanes with AIMS–2 with service
bulletin 777–31–0331 incorporated,’’ this AD
requires using ‘‘Airplanes with AIMS–2 with
a requirement to incorporate service bulletin
777–31–0331.’’
(5) Where the description in the Effectivity
section of Boeing Alert Requirements
Bulletin 777–31A0342 RB, dated July 19,
2021, defines Group 3 airplanes as
‘‘Airplanes with AIMS–2 with service
bulletin 777–31–0332 incorporated,’’ this AD
requires using ‘‘Airplanes with AIMS–2 with
a requirement to incorporate service bulletin
777–31–0332.’’
(6) Where the description in the Effectivity
section of Boeing Alert Requirements
Bulletin 777–31A0342 RB, dated July 19,
2021, defines Group 5 airplanes as
‘‘Airplanes with Airplane Information
Management System (AIMS)–,’’ this AD
requires using ‘‘Airplanes with Airplane
Information Management System (AIMS)–1
and airplanes equipped with AIMS–2 that are
not in Group 1, 2, 3, or 4.’’ (That is, there are
two subsets of Group 5 airplanes with
VerDate Sep<11>2014
15:50 Mar 18, 2024
Jkt 262001
19505
different required actions.) For airplanes,
that, as of the effective date of this AD, are
equipped with AIMS–2 and are not in Group
1, 2, 3 or 4, this AD does not require Action
1 of Table 3 of the Accomplishment
Instructions of Boeing Alert Requirements
Bulletin 777–31A0342 RB, dated July 19,
2021.
availability of this material at the FAA, call
206–231–3195.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
(i) Alternative Methods of Compliance
(AMOCs)
Issued on February 21, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
(1) The Manager, AIR–520, Continued
Operational Safety Branch, FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to the attention of the person
identified in paragraph (j)(1) of this AD.
Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, AIR–520, Continued Operational
Safety Branch, FAA, to make those findings.
To be approved, the repair method,
modification deviation, or alteration
deviation must meet the certification basis of
the airplane, and the approval must
specifically refer to this AD.
(j) Related Information
(1) For more information about this AD,
contact Doug Tsuji, Aviation Safety Engineer,
FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 206–231–3548; email:
douglas.tsuji@faa.gov.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin
777–31A0342 RB, dated July 19, 2021.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; website
myboeingfleet.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
[FR Doc. 2024–05497 Filed 3–18–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–2146; Project
Identifier MCAI–2023–00646–T; Amendment
39–22687; AD 2024–04–08]
RIN 2120–AA64
Airworthiness Directives; Airbus
Canada Limited Partnership (Type
Certificate Previously Held by C Series
Aircraft Limited Partnership (CSALP);
Bombardier, Inc.) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus Canada Limited Partnership
Model BD–500–1A10 and BD–500–
1A11 airplanes. This AD was prompted
by a report of possible chafing of a
power harness at fuselage frame (FR) 65.
This AD requires rerouting the power
harness, as specified in a Transport
Canada AD, which is incorporated by
reference. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective April 23,
2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 23, 2024.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–2146; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
SUMMARY:
E:\FR\FM\19MRR1.SGM
19MRR1
Agencies
[Federal Register Volume 89, Number 54 (Tuesday, March 19, 2024)]
[Rules and Regulations]
[Pages 19501-19505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05497]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0598; Project Identifier AD-2021-01322-T;
Amendment 39-22688; AD 2024-04-09]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 777-200, 777-200LR, 777-300, 777-
300ER, and 777F series airplanes. This AD was prompted by reports of
wing anti-ice (WAI) valve failure that can result in undetected
structural damage to leading edge (LE) slat assemblies, and separately
a failure of the autothrottle (A/T) to disconnect after the pilot
manually advanced the throttle levers, which caused a low-speed
condition during a go-around. This AD was also prompted by a
determination that insufficient low-speed protection exists in the 777
fleet and a determination that the flightcrew may not recognize and
properly respond to a multi-channel unreliable airspeed event. This AD
requires installing certain new software and doing a software
configuration check. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective April 23, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 23,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-0598; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, any comments received, and other
information. The address for Docket Operations is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone 562-797-1717; website myboeingfleet.com.
You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195. It is also available at
regulations.gov under Docket No. FAA-2022-0598.
FOR FURTHER INFORMATION CONTACT: Doug Tsuji, Aviation Safety Engineer,
FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3548;
email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain The Boeing
Company Model 777-200, 777-200LR, 777-300, 777-300ER, and 777F series
airplanes. The NPRM published in the Federal Register on June 22, 2022
(87 FR 37249). The NPRM was prompted by reports of WAI valve failure
that can result in undetected structural damage to LE slat assemblies,
and separately a failure of the A/T to disconnect after the pilot
manually advanced the throttle levers, which caused a low-speed
condition
[[Page 19502]]
during a go-around. The NPRM was also prompted by a determination that
insufficient low-speed protection exists in the 777 fleet and a
determination that the flightcrew may not recognize and properly
respond to a multi-channel unreliable airspeed event. In the NPRM, the
FAA proposed to require installing certain new software and doing a
software configuration check. The FAA is issuing this AD to prevent
undetected failure of the WAI system and consequent high temperature
bleed air flowing into the LE slat assemblies, which could result in
reduced structural integrity of the slat and prevent continued safe
flight and landing of the airplane. The FAA is also issuing this AD to
prevent failure of the A/T to disconnect after manually advancing the
throttle levers, or insufficient low energy protection, which could
result in controlled flight into terrain, or a multi-channel unreliable
airspeed event could result in loss of control of the airplane.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from the Air Line Pilots Association,
International (ALPA) and an individual who supported the NPRM without
change. Air Peace Limited (Air Peace) supported the NPRM, and had
additional comments detailed below.
The FAA received additional comments from four commenters,
including Boeing, American Airlines, United Airlines (United), and Alis
Cargo. The following presents the comments received on the NPRM and the
FAA's response to each comment.
Request To Remove Certain Information From What Prompted the Proposed
AD
Boeing requested that the proposed AD be revised to remove all
wording stating that the proposed AD ``was also prompted by a
determination that insufficient low speed protection exists in the 777
fleet and a determination that the flight crew may not recognize and
properly respond to a multi-channel unreliable airspeed event.'' Boeing
stated that the change that the AIMS Version 17C resolves is unrelated
to unreliable airspeed indication, and that the Fault Tolerant air data
inertial reference system (ADIRS) provides reliable airspeed data.
The FAA agrees to clarify. The changes associated with AIMS-2
Version 17C are not directly related to the issue of unreliable
airspeed indication, and are intended to address the WAI issue and the
A/T issue. However, the FAA disagrees with removing reference to the
insufficient low-speed protection and unreliable airspeed because some
of the changes associated with AIMS-2 Version 17C were to fix an unsafe
condition (A/T issue) introduced by the previous AIMS-2 update (Version
17B). The FAA acknowledges previous versions of AIMS software addressed
unreliable airspeed (Version 17.1) and insufficient low airspeed
protection (Version 17B) and that Version 17C has had these updates
previously incorporated. However, neither of these earlier software
updates were mandated by AD action. Therefore, this AD is addressing
unreliable airspeed and insufficient low airspeed protection through
requiring the software update that addresses all of the changes related
to the identified unsafe condition. The FAA has not changed this AD
regarding this issue.
Request To Move Certain Information
Boeing requested that two sentences related to a requirement to
install earlier BP versions of AIMS-2 BP software prior to installing
AIMS-2 BP Version 17C software be moved from the Background to the
Related Service Information Under 1 CFR part 51 section of the NPRM.
The FAA acknowledges the commenter's request. However, the
information in those sentences does not directly relate to the actions
specified in the service information specified in the Related Service
Information Under 1 CFR part 51 section of this final rule. Therefore,
the FAA has determined that moving the information is not appropriate.
Additionally, that portion of the Background section does not get
carried over to the final rule. The FAA has not changed this AD
regarding this issue.
Request To Revise Sentence Related to Earlier Software Update
Boeing requested that the FAA revise a sentence in the Background
section of the NPRM to specify that ``AIMS-2 BP V17B'' rather than
``One earlier software update'' was prompted by an accident at San
Francisco International Airport. Boeing stated that this would clarify
that AIMS Version 17B is for the AIMS-2 platform.
The FAA disagrees with the commenter's request. Within the context
of the Background section of the NPRM, the FAA clearly identified
``AIMS-2 BP Version 17B'' and that it was developed as a result of the
accident investigation. Additionally, that portion of the Background
section does not get carried over to the final rule. The FAA has not
changed this AD regarding this issue.
Request To Correct Typographical Errors and Add Service Information
Reference
Boeing requested that the FAA correct several typographical errors
in the Costs of Compliance section of the NPRM. Boeing noted that
``AIMS 2'' should be ``AIMS-2;'' ``SB 777-21-0322'' should be ``SB 777-
31-0332;'' and that the action to install AIMS-2 BP Version 17C should
specify bulletin ``777-31A0342.''
The FAA agrees to correct these typographical errors and add the
reference to the service information. The FAA has revised the Costs of
Compliance section of this final rule accordingly.
Request To Revise Explanation of AIMS-2 BP Version 17C Software
Boeing requested that the FAA revise the third paragraph of the
Background portion of the NPRM to clarify why Boeing developed AIMS-2
BP Version 17C software. Boeing provided suggested wording.
The FAA agrees that Boeing's suggested wording would provide a more
detailed description of why AIMS-2 BP Version 17C software was
developed. However, that wording is not necessary to explain the
requirements of and reasons for this AD. Additionally, that section of
the Background portion does not get carried over to the final rule.
Therefore, no change to this AD is necessary regarding this issue.
Request To Extend Compliance Time
Air Peace Limited and United requested that, for operators that
will require an upgrade of AIMS-1 to AIMS-2, the compliance time be
extended to 48 months. Air Peace noted that the upgrade has a high cost
and that there is a lead time for acquiring parts.
The FAA disagrees with the commenters' request. In developing an
appropriate compliance time for this action, the FAA considered the
recommendations of the manufacturer, the urgency associated with the
subject unsafe condition, and the availability of required parts. In
consideration of these items, the FAA has determined that a 36 month
compliance time will ensure an acceptable level of safety. However,
under the provisions of paragraph (i) of this AD, the FAA will consider
requests for approval of an extension of the compliance time if
sufficient data are submitted to substantiate that the new compliance
time would provide an acceptable level of safety. The FAA has not
changed this AD in this regard.
[[Page 19503]]
Request To Allow Later-Approved Software
American Airlines requested that paragraph (g) of the proposed AD
be revised to specify that later-approved versions of the Block Point
(BP) software are allowed for compliance. The commenter noted that this
would minimize the need for alternative methods of compliance (AMOCs).
The FAA agrees to clarify. Boeing Alert Requirements Bulletin 777-
31A0342 RB, dated July 19, 2021, which is incorporated by reference,
already allows the installation of the specified software ``or later
approved software part numbers'' and specifies in the General
Information paragraph what constitutes ``later approved'' software.
Therefore, no change to this AD is necessary.
Request To Remove Certain Airplanes From the Applicability
Alis Cargo noted that its fleet has a current configuration of
AIMS-1 BP Version 16, so is part of Group 5 as specified in Boeing
Alert Requirements Bulletin 777-31A0342 RB, dated July 19, 2021. Alis
Cargo added that no concurrent requirements are specified for Group 5
airplanes in Boeing Alert Requirements Bulletin 777-31A0342 RB, dated
July 19, 2021, making it unclear that a large and costly hardware
upgrade from AIMS-1 to AIMS-2 is required. The commenter noted that the
manufacturer said AIMS-1 hardware is limited and obsolete, so no
dedicated software release is available for AIMS-1. The commenter
stated that no known safety issues are related to AIMS-1 hardware, so
operators should not be forced to upgrade the hardware to fix a
software issue.
The FAA infers that the commenter is requesting to remove airplanes
equipped with AIMS-1 hardware from the applicability of this AD. The
FAA acknowledges the high cost of converting from AIMS-1 to AIMS-2
hardware and has updated the footnote in the Costs of Compliance
section to estimate the parts cost for this action. The FAA has
determined this action is necessary to address the unsafe condition.
The unsafe condition is not AIMS-1 or AIMS-2 dependent, but rather is
connected to the related BP software. Changes to the existing AIMS-1
software (i.e., a more complex software code requiring more memory and
computing capability) would exceed the capabilities of AIMS-1 hardware.
Since the software running on AIMS-1 hardware is unsafe and cannot be
upgraded on the AIMS-1 platform, affected airplanes must be converted
to AIMS-2 hardware so that new software that addresses the unsafe
conditions can be installed. The FAA has not changed this AD in this
regard.
Request To Allow Using Certain Service Information
United requested that the proposed AD be revised to include certain
AIMS retrofit service bulletins, which include steps for replacing
AIMS-1 with AIMS-2. United noted that Boeing provided several
bulletins, which United used to accomplish the retrofit on a portion of
its fleet that was equipped with AIMS-1. United concluded that
specifying the service information would reduce the number of AMOC
submittals.
The FAA acknowledges the commenter's concerns. However, listing
additional service information is not practical in this case because
the bulletins that United mentioned may not be the only bulletins used
to upgrade to AIMS-2, and some may be specific to a certain operator or
certain airplane configuration. However, the FAA concurs that, if an
airplane was upgraded to AIMS-2 prior to the effective date of this AD,
obtaining an AMOC for the upgrade is no longer necessary. In addition,
the FAA has determined that clarification of the definition of Group 5
airplanes is necessary, since an airplane that was upgraded to AIMS-2
after the service information was released might no longer fit into the
group definitions in the service information. For an airplane on which
AIMS-1 was upgraded to AIMS-2 prior to the effective date of this AD,
obtaining an AMOC is not required. However, installing the AIMS-2 BP
Version 17C software part numbers and doing a software configuration
check are still required, along with any applicable concurrent actions.
The FAA has added paragraph (h)(6) of this AD to clarify the group
definition and requirements for airplanes that were upgraded to AIMS-2.
Request To Revise Costs of Compliance
United requested that the Costs of Compliance section of the
proposed AD be revised to account for higher hardware costs and more
work-hours. United stated that Boeing Alert Requirements Bulletin 777-
31A0342 RB, dated July 19, 2021, implements ATN [Aeronautical
Telecommunications Network] Controller Pilot Data Link Communications
(CPDLC) for AIMS-2 airplanes. United added that AIMS-1 configured
airplanes do not use the VDLMD2 radios required for CPDLC software that
is part of the required BP17C software, so those airplanes also require
a retrofit of VHF radios and OPC software, as well as replacement of
the Tuning panel. The commenter also noted that the hardware cost for
the AIMS retrofit is higher than that estimated in the proposed AD and
provided suggested revised costs for installing AIMS-2 and BP17B/C.
The FAA acknowledges the commenter's concerns and that upgrading
from AIMS-1 to AIMS-2 may require additional modifications not
accounted for in this AD. However, this AD does not require using
specific service information to upgrade from AIMS-1 to AIMS-2, but
instead requires obtaining an AMOC, as specified in paragraph (h)(2) of
this AD. The FAA has no way of knowing the specific configuration of
each airplane equipped with AIMS-1 and cannot account for all possible
incidental costs that may be required in upgrading a particular
airplane to AIMS-2. The cost information specified in this AD describes
only the direct costs of the specific actions required by this AD.
Based on the best data available, the manufacturer provided the
estimated number of work hours and parts costs necessary to do the
required actions. This number represents the time necessary to perform
only the actions actually required by this AD. The FAA recognizes that,
in doing the actions required by an AD, operators might incur
incidental costs in addition to the direct costs. The cost analysis in
AD rulemaking actions, however, typically does not include incidental
costs such as the time necessitated by other administrative actions or
incorporating other associated technologies. Those incidental costs
might vary significantly among operators. Therefore, the FAA has not
changed this AD regarding this issue.
Conclusion
The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for minor editorial changes, and
any other changes described previously, this AD is adopted as proposed
in the NPRM. None of the changes will increase the economic burden on
any operator.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Requirements Bulletin 777-31A0342 RB,
dated July 19, 2021. This service information specifies procedures for
installing new AIMS-2 BP Version 17C
[[Page 19504]]
software, and doing a software configuration check. For Groups 1, 2,
and 3: this service information also specifies concurrent actions
(installation of AIMS-2 BP Version 17B software; installation of AIMS-2
and PlaneNet-2 systems; or installation of AIMS-2 and software;
depending on configuration). This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in
ADDRESSES.
Costs of Compliance
The FAA estimates that this AD affects 353 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Install AIMS-2 BP Version 17C and 3 work-hours x $85 Up to $13,140................. Up to $13,395................. Up to $4,728,435.
do software check (777-31A0342 per hour = $255.
RB).
Install AIMS-2 BP Version 17B 3 work-hours x $85 Up to $13,140................. Up to $13,395................. Up to $4,728,435.
(SB777[dash]31[dash]0294). per hour = $255.
Install AIMS-2 and PlaneNet-2 (SB Up to 101 work-hours Up to $13,140................. Up to $21,725................. Up to $7,668,925.
777[dash]31[dash]0331). x $85 per hour = Up
to $8,585.
Install AIMS-2 and software (SB Up to 106 works-hours Up to $13,140................. Up to $22,150................. Up to $7,818,950.
777-31-0322). x $85 per hour = Up
to $9,010.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* This software parts cost is estimated to be the same for the concurrent actions as for the primary actions. The FAA does not have any definitive data
on which to base the additional parts cost associated with installing AIMS-2, but estimates the cost could be up to $762,500, depending on airplane
configuration. Additionally, the FAA estimates that 100 airplanes of U.S. registry may require installing AIMS-2.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.
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.
The FAA is 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) Will not affect intrastate aviation in Alaska, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
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
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:
2024-04-09 The Boeing Company: Amendment 39-22688; Docket No. FAA-
2022-0598; Project Identifier AD-2021-01322-T.
(a) Effective Date
This airworthiness directive (AD) is effective April 23, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 777-200, 777-200LR,
777-300, 777-300ER, and 777F series airplanes, certificated in any
category, as identified in Boeing Alert Requirements Bulletin 777-
31A0342 RB, dated July 19, 2021.
(d) Subject
Air Transport Association (ATA) of America Code 31, Instruments.
(e) Unsafe Condition
This AD was prompted by reports of wing anti-ice (WAI) valve
failure that can result in undetected structural damage to leading
edge (LE) slat assemblies, and separately a failure of the
autothrottle (A/T) to disconnect after the pilot manually advanced
the throttle levers disconnect after the pilot manually advanced the
throttle levers, which caused a low-speed condition during a go-
around. This AD was also prompted by a determination that
insufficient low-speed protection exists in the 777 fleet and a
determination that the flightcrew may not recognize and properly
respond to a multi-channel unreliable airspeed event. The FAA is
issuing this AD to prevent undetected failure of the WAI system and
consequent high temperature bleed air flowing into the LE slat
assemblies, which could result in reduced structural integrity of
the slat and prevent continued safe flight and landing of the
airplane. The FAA is also issuing this AD to prevent failure of the
A/T to disconnect after manually advancing the throttle levers, or
insufficient low energy protection, which could result in controlled
flight into terrain, or a multi-channel unreliable airspeed event
could result in loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
[[Page 19505]]
(g) Required Actions
Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 777-31A0342 RB, dated July 19, 2021, do
all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
777-31A0342 RB, dated July 19, 2021.
Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
777-31A0342, dated July 19, 2021, which is referred to in Boeing
Alert Requirements Bulletin 777-31A0342 RB, dated July 19, 2021.
(h) Exceptions to Service Information Specifications
(1) Where the Compliance Time columns of the tables in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 777-
31A0342 RB, dated July 19, 2021, use the phrase ``the original issue
date of Requirements Bulletin 777-31A0342 RB,'' this AD requires
using the effective date of this AD.
(2) Where Boeing Alert Requirements Bulletin 777-31A0342 RB,
dated July 19, 2021, specifies contacting Boeing for instructions
for upgrading certain software: This AD requires doing the upgrade
using a method approved in accordance with the procedures specified
in paragraph (i) of this AD.
(3) Where the description in the Effectivity section of Boeing
Alert Requirements Bulletin 777-31A0342 RB, dated July 19, 2021,
defines Group 1 airplanes as ``Airplanes with Airplane Information
Management System (AIMS)-2 with service bulletin 777-31-0294
incorporated,'' this AD requires using ``Airplanes with Airplane
Information Management System (AIMS)-2 with a requirement to
incorporate service bulletin 777-31-0294.''
(4) Where the description in the Effectivity section of Boeing
Alert Requirements Bulletin 777-31A0342 RB, dated July 19, 2021,
defines Group 2 airplanes as ``Airplanes with AIMS-2 with service
bulletin 777-31-0331 incorporated,'' this AD requires using
``Airplanes with AIMS-2 with a requirement to incorporate service
bulletin 777-31-0331.''
(5) Where the description in the Effectivity section of Boeing
Alert Requirements Bulletin 777-31A0342 RB, dated July 19, 2021,
defines Group 3 airplanes as ``Airplanes with AIMS-2 with service
bulletin 777-31-0332 incorporated,'' this AD requires using
``Airplanes with AIMS-2 with a requirement to incorporate service
bulletin 777-31-0332.''
(6) Where the description in the Effectivity section of Boeing
Alert Requirements Bulletin 777-31A0342 RB, dated July 19, 2021,
defines Group 5 airplanes as ``Airplanes with Airplane Information
Management System (AIMS)-,'' this AD requires using ``Airplanes with
Airplane Information Management System (AIMS)-1 and airplanes
equipped with AIMS-2 that are not in Group 1, 2, 3, or 4.'' (That
is, there are two subsets of Group 5 airplanes with different
required actions.) For airplanes, that, as of the effective date of
this AD, are equipped with AIMS-2 and are not in Group 1, 2, 3 or 4,
this AD does not require Action 1 of Table 3 of the Accomplishment
Instructions of Boeing Alert Requirements Bulletin 777-31A0342 RB,
dated July 19, 2021.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, AIR-520, Continued Operational Safety Branch,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or
responsible Flight Standards Office, as appropriate. If sending
information directly to the manager of the certification office,
send it to the attention of the person identified in paragraph
(j)(1) of this AD. Information may be emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, AIR-
520, Continued Operational Safety Branch, FAA, to make those
findings. To be approved, the repair method, modification deviation,
or alteration deviation must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.
(j) Related Information
(1) For more information about this AD, contact Doug Tsuji,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 206-231-3548; email: [email protected].
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin 777-31A0342 RB, dated
July 19, 2021.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; website myboeingfleet.com.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on February 21, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-05497 Filed 3-18-24; 8:45 am]
BILLING CODE 4910-13-P