Discussion \n\n\tWe have been advised that an operator discovered an error in the Engine Indication and Crew Alerting System (EICAS) operating program software (OPS) Version 6. This software error prevents the display of the "L ENG FUEL FILT'' advisory message to the flight crew. This message was intended to be displayed if an impending clogging condition of the left engine fuel filter exists. (The corresponding message for the right engine functions normally.) Boeing has determined that this software error is isolated to the EICAS OPS Version 6. This software is currently approved for installation on all Boeing Model 757 airplanes, and Model 767-200, 767-300, and 767-300F series airplanes. (Model 767- 400ER series airplanes use different software.) OPS Version 6 was approved in mid-2007 for production and retrofit installation. Boeing's records show that the majority of the affected airplanes currently have Version 6 software installed. Absence of an engine fuel filter bypass indication for each engine eliminates the only effective advance warning the flight crew will receive of potential engine malfunction due to a gross fuel contamination event on the airplane. Without such advance warning, malfunction and thrust loss on both engines due to fuel contamination could cause a forced off-airport landing. \n\nFAA's Determination and Requirements of This AD \n\n\tWe are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the(se) same type design(s). This AD requires revising the Limitations section of the airplane flight manual (AFM) to advise the flight crew of procedures to follow to ensure that a fuel filter impending bypass condition due to gross fuel contamination is detected in a timely manner. \n\tThe actions specified by paragraph (f) of this AD are not required when all affected airplanes in an operator's fleet have been verified by the operator to have an EICAS computer with a particular part number and EICAS OPS versions other than Version 6 software. This exception is currently available for Model 757 and 767 passenger airplanes and for new production freighter airplanes, but will be available for non- production-modified freighter airplanes only when OPS versions later than Version 6 software become available. Non-production-modified freighter airplanes include, but are not limited to, Model 757 airplanes modified in accordance with Supplemental Type Certificate (STC) ST01920LA, and Model 767 series airplanes modified in accordance with design approvals granted to Boeing for the Boeing Converted Freighter (BCF) or Special Freighter (SF) configurations. Only OPS Version 6 software or a later OPS version was approved by the FAA for use on non-production-modified freighter airplanes; this is because cargo door indications required for certification of those freighter conversion modificationswere introduced at Version 6. \n\nFAA's Justification and Determination of the Effective Date \n\n\tBecause of our requirement to promote safe flight of civil aircraft, and thus the critical need to ensure that the flight crew has procedures to follow to ensure that a fuel filter impending bypass condition due to gross fuel contamination is detected in a timely manner, and because of the short compliance time involved with this action, this AD must be issued immediately. \n\tBecause 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. \n\nComments Invited \n\n\tThis 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-2008-0411; Directorate Identifier 2008-NM-061-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. \n\tWe 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. \n\nAuthority for This Rulemaking \n\n\tTitle 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. \n\tWe are issuing thisrulemaking 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. \n\nRegulatory Findings \n\n\tThis 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. \n\tFor the reasons discussed above, I certify that this AD: \n\t(1) Is not a "significant regulatory action'' under Executive Order 12866; \n\t(2) Is not a "significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and \n\t(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. \n\tYou can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Safety. \n\nAdoption of the Amendment \n\nAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n1. The authority citation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\nSec. 39.13 (Amended) \n\n2. The FAA amends Sec. 39.13 by adding the following new AD: