[Federal Register Volume 87, Number 119 (Wednesday, June 22, 2022)]
[Proposed Rules]
[Pages 37249-37252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13203]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0598; Project Identifier AD-2021-01322-T]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain The Boeing Company Model 777-200, 777-200LR, 777-300, 777-
300ER, and 777F series airplanes. This proposed 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 
advancing the throttle levers, which caused a low speed condition 
during a go-around. This proposed 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 
proposed AD would require installing certain new software, and doing a 
software configuration check. The FAA is proposing this AD to address 
the unsafe conditions on these products.

DATES: The FAA must receive comments on this proposed AD by August 8, 
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

[[Page 37250]]

    For service information identified in this NPRM, 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; internet https://www.myboeingfleet.com. You may 
view this referenced 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 https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0598.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating 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 NPRM, any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aerospace Engineer, 
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3653; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-0598; Project Identifier 
AD-2021-01322-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Hassan Ibrahim, Aerospace Engineer, Systems and Equipment Section, FAA, 
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone 
and fax: 206-231-3653; email: [email protected]. Any commentary 
that the FAA receives which is not specifically designated as CBI will 
be placed in the public docket for this rulemaking.

Background

    The FAA has received reports of WAI valve failure, and determined 
that a specific aspect of the WAI system was not fully assessed by the 
system safety analysis conducted during type certification. Fleet data 
indicates, the WAI valve has failed to open in 50 unique events during 
the period from November 2013 through March 2019. High temperature 
bleed air (250-400 [deg]F) can unintentionally flow into the LE slat 
assemblies due to mechanical failure of the WAI valve or an unintended 
command from the airfoil and cowl ice protection system (ACIPS) control 
card. This high temperature bleed air exposure, when the airplane is on 
the ground and there is minimal airplane speed, can reduce the 
structural capability of the slat such that affected structure may not 
be able to withstand design limit load during the next flight cycle 
(takeoff or landing). The revised software will monitor WAI valve 
function and annunciate failures.
    In addition, Boeing received a report that, during landing, after 
the A/T had automatically changed to the IDLE A/T mode, the pilot 
initiated a go-around by manually advancing the throttle levers to more 
than 50 degrees throttle lever angle. During that incident, the A/T did 
not disconnect due to advancing the throttle levers, and remained in 
IDLE mode with the throttle levers automatically returning to an idle 
setting when released, causing a low speed condition during the go-
around. Such a low speed condition can result in a low altitude stall 
and potential impact with terrain.
    Boeing developed new Airplane Information Management System 2 
(AIMS-2) Block Point (BP) Version 17C software to address the WAI 
system failures and A/T not disengaging. Before operators can install 
AIMS-2 BP Version 17C software updates, if not done already, they must 
install earlier BP versions of this software to ensure all required 
software part numbers are installed. Those earlier versions were 
released to address other unsafe conditions on the affected airplanes. 
One earlier software update was prompted by an accident at San 
Francisco International Airport on July 6, 2013 in which the airplane 
deviated below the intended glideslope and impacted the seawall as it 
crashed short of the runway. The subsequent investigation determined 
that insufficient low-speed protection existed in the 777 fleet; AIMS-2 
BP Version 17B was developed to expand the A/T system authority and 
provide an earlier threshold for the low-airspeed alert. AIMS-2 BP V17B 
inadvertently introduced the failure of the A/T to disconnect after 
manual throttle advancement during go-around, which led to the 
subsequent development of AIMS-2 BP V17C. Another concern addressed by 
earlier software updates is the determination that inadequate 
flightcrew recognition of, and response to, a multi-channel unreliable 
airspeed event, can result in loss of control of the airplane.
    These conditions, if not addressed, could result in undetected 
failure of the WAI system and consequent high temperature bleed air 
flowing into the LE slat assemblies, along with a low speed condition 
on the ground, which could result in reduced structural integrity of 
the slat and prevent continued safe flight and landing of the airplane. 
In addition, the FAA is also issuing this AD to prevent failure of the 
A/T to disconnect after 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.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe 
conditions described previously are likely to exist or develop on other 
products of the same type design.

[[Page 37251]]

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 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.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD. For information on the procedures and compliance times, 
see this service information at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0598.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 353 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                Estimated Costs *
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                    Labor cost            Parts cost     Cost per  product      operators
----------------------------------------------------------------------------------------------------------------
Install AIMS-2 BP Version 17C    3 work-hours x $85 per  Up to $13,140....  Up to $13,395....  Up to $4,728,435.
 and do software check.           hour = $255.
Install AIMS 2 BP Version 17B    3 work-hours x $85 per  Up to $13,140....  Up to $13,395....  Up to $4,728,435.
 (SB 777-31-0294).                hour = $255.
Install AIMS-2 and PlaneNet-2    Up to 101 work-hours x  Up to $13,140....  Up to $21,725....  Up to $7,668,925.
 (SB 777-31-0331).                $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.
 777-21-0322).                    x $85 per hour = Up
                                  to $9,010.
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* This parts cost is estimated to be the same for the concurrent actions as for the primary actions but the FAA
  does not have any definitive data on which to base the parts cost.

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed 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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

The Boeing Company: Docket No. FAA-2022-0598; Project Identifier AD-
2021-01322-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 8, 2022.

(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 advancing 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-

[[Page 37252]]

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, along 
with a low speed condition on the ground, 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 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.

(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 
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 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 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 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.''

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO 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, Seattle 
ACO 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 Hassan Ibrahim, 
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 
206-231-3653; email: [email protected].
    (2) 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; internet https://www.myboeingfleet.com. You may view this referenced 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.

    Issued on June 1, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-13203 Filed 6-21-22; 8:45 am]
BILLING CODE 4910-13-P


