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[Federal Register: March 17, 2010 (Volume 75, Number 51)]
[Rules and Regulations]               
[Page 12657-12659]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr10-1]                         


========================================================================
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.

========================================================================



[[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.

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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 http://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 http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The 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 http://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: http://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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