[Federal Register Volume 75, Number 117 (Friday, June 18, 2010)]
[Proposed Rules]
[Pages 34663-34666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14792]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-27042; Directorate Identifier 2006-NM-225-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 777-200, -300,
and -300ER Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain Model 777-200, -300, and -300ER series airplanes. The
original NPRM would have required installing Teflon sleeving under the
clamps of certain wire bundles routed along the fuel tank boundary
structure, and cap sealing certain penetrating fasteners of the main
and center fuel tanks. The original NPRM resulted from fuel system
reviews conducted by the manufacturer. This action revises the original
NPRM by adding airplanes and adding and removing certain requirements.
We are proposing this supplemental NPRM to prevent electrical arcing on
the fuel tank boundary structure or inside the fuel tanks, which could
result in a fire or explosion.
DATES: We must receive comments on this supplemental NPRM by July 13,
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 proposed 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 [email protected];
Internet https://www.myboeingfleet.com. You may review copies of the
referenced 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.
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 proposed 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: Margaret Langsted, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6500; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
27042; Directorate Identifier 2006-NM-225-AD'' at the beginning of your
comments. We specifically invite
[[Page 34664]]
comments on the overall regulatory, economic, environmental, and energy
aspects of this proposed AD. We will consider all comments received by
the closing date and may amend this proposed 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 proposed AD.
Discussion
We issued a notice of proposed rulemaking (NPRM) (the ``original
NPRM'') to amend 14 CFR part 39 to include an airworthiness directive
(AD) that would apply to certain Boeing Model 777-200, -300, and -300ER
series airplanes. That original NPRM was published in the Federal
Register on January 29, 2007 (72 FR 3956). That original NPRM proposed
to require installing Teflon sleeving under the clamps of the wire
bundles routed along the fuel tank boundary structure, and cap sealing
certain penetrating fasteners of the main and center fuel tanks.
Actions Since Original NPRM Was Issued
Since we issued the original NPRM, we have reviewed Boeing Alert
Service Bulletin 777-57A0059, dated October 30, 2008 (released after
issuance of the original NPRM), which describes procedures for cap
sealing certain fasteners in the center fuel tanks that were not sealed
during production. We have changed Table 1 of the supplemental NPRM to
refer to Boeing Alert Service Bulletin 777-57A0059, dated October 30,
2008, as the appropriate source of service information for certain
actions.
The original NPRM referred to Boeing Alert Service Bulletin 777-
57A0050, dated January 26, 2006, as the appropriate source of service
information for installing Teflon sleeving under the clamps of the
power feeder wire bundles routed along certain fuel tank boundary
structure and for cap sealing selected fasteners of the main and center
fuel tanks. We have reviewed Boeing Service Bulletin 777-57A0050,
Revision 2, dated May 14, 2009. Additional work is necessary for
airplanes on which the original issue or Revision 1, dated August 2,
2007, of the service bulletin was done. The additional work includes
the following actions, depending on airplane configuration:
Installing additional Teflon sleeving.
Cap sealing additional fasteners.
We have changed Table 1 of this supplemental NPRM to include Boeing
Service Bulletin 777-57A0050, Revision 2, dated May 14, 2009, as the
appropriate source of service information to use for accomplishing
certain actions. We have also added a new paragraph (h) to this AD to
give credit for actions done in accordance with Boeing Alert Service
Bulletin 777-57A0050, dated January 26, 2006; or Revision 1, dated
August 2, 2007; provided that the additional work specified in Boeing
Service Bulletin 777-57A0050, Revision 2, dated May 14, 2009, is also
done.
We have also reviewed Boeing Alert Service Bulletin 777-57A0057,
Revision 1, dated August 2, 2007. The original NPRM referred to Boeing
Alert Service Bulletin 777-57A0057, dated August 7, 2006, as the
appropriate source of service information for cap sealing certain
fasteners in the center fuel tanks that were not sealed during
production. Revision 1 removes unnecessary work instructions because
Work Packages 2 and 3 were completed prior to airplane delivery (for
all affected airplanes). Revision 1 adds a general visual inspection to
determine if certain fasteners are cap sealed and applying the cap seal
to the fasteners that are not sealed. We have changed Table 1 of this
supplemental NPRM to include Boeing Alert Service Bulletin 777-57A0057,
Revision 1, dated August 2, 2007, as the appropriate source of service
information to use for accomplishing certain actions. We have revised
paragraph (g) of this supplemental NPRM (paragraph (f) of the original
NPRM) to include the inspection and corrective action. We have also
added a new paragraph (i) to this supplemental NPRM to give credit for
actions done in accordance with Boeing Alert Service Bulletin 777-
57A0057, dated August 7, 2006.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the commenters.
Request To Clarify Certain Language in Summary Section and Paragraph
(g)
Boeing asks that we clarify certain language in the Summary section
and paragraph (f) of the original NPRM to read ``. . . Teflon sleeving
under the clamps of certain wire bundles routed along the fuel tank
boundary structure.'' Boeing states that the current language includes
the phrase ``the wire bundles,'' which could lead operators to believe
that all wire bundles will need sleeving, not just the wire bundles
called out in the referenced service information.
We agree that the subject language should be clarified. We have
changed the Summary section and paragraph (g) of this supplemental NPRM
accordingly.
Request To Clarify Applicability
Boeing asks that the applicability specified in Table 1 of the
original NPRM be clarified by noting that Boeing Alert Service Bulletin
777-57A0051, dated May 15, 2006, does not apply to Model 777-300ER
airplanes. Boeing states that the language in paragraph (c) of the
original NPRM, which precedes Table 1, implies that all three service
bulletins specified in the table apply to Model 777-300ER airplanes.
We agree with the commenter for the reason provided; we have
changed Table 1 of this supplemental NPRM, for clarification, to
include the applicable airplane models in relation to the service
information.
Request To Add Maintenance Information
Continental Airlines (CAL) asks that we add maintenance information
to the original NPRM. CAL states that outside of the original NPRM, it
is concerned that not enough attention is being given to ensure the
changes in the referenced service information are preserved for the
long-term operation of the Model 777 airplane fleet. CAL notes that the
original NPRM mandates a one-time change to implement the protection
against ignition sources on affected airplanes; subsequent airplanes,
including new deliveries entering service, already have the requirement
incorporated in production. CAL states that, other than the referenced
service information and some generic information in the Model 777
planning data, there is no published ``maintenance'' document currently
available to show each specific requirement as detailed in the
referenced service information. CAL adds that information detailed by
the service information must be made available in manuals that are
routinely used by maintenance personnel. CAL notes that Boeing is
reviewing different options for routine maintenance.
We appreciate CALs concern and agree that the long-term operation
of the Model 777 airplane fleet should be maintained. At the time the
service information referenced by this supplemental NPRM was reviewed,
the Instructions for Continued Airworthiness (ICAs) should have been
updated to reflect and maintain the configuration in the supplemental
NPRM throughout the life of each
[[Page 34665]]
modified airplane. We did not recognize this deficiency at the time the
service information was issued. However, Boeing is developing a
revision to the ICAs that should be available to operators in the fall
of 2010 for the required modifications. Operators will be notified when
the revision is available. We may consider additional rulemaking when
revised ICAs are issued to mandate their incorporation. We have not
changed the supplemental NPRM in this regard.
Request To Extend the Compliance Time
The Air Transport Association (ATA) on behalf of its member Delta
Air Lines Inc. (Delta) asks that we consider reviewing the compliance
time to better align with industry standard tank entry intervals. Delta
notes that the modifications will require entry into the main and
center fuel tanks; the main fuel tanks are opened at 8-year intervals;
and the center tank is opened at 4-year intervals. Delta states that
the 60-month compliance time to accomplish corrective action will be
acceptable for work required in the center tank, but will force main
tank entry earlier than normally scheduled maintenance.
We disagree with extending the proposed compliance time. The
commenters did not provide any technical information to substantiate
the assertion that extending the compliance time would not affect
flight safety. In developing an appropriate compliance time, we
considered the safety implications, parts availability, and normal
maintenance schedules for timely accomplishment of the modification.
Further, we arrived at the proposed compliance time with consideration
of operator and manufacturer input. In consideration of these factors,
we determined that the compliance time, as proposed, represents an
appropriate interval in which the modification can be done in a timely
manner within the fleet, while still maintaining an adequate level of
safety. However, under the provisions of paragraph (j)(1) of this AD,
we will consider requests for an adjustment to the compliance time if
data are submitted to substantiate that such an adjustment would
provide an acceptable level of safety. We have not changed the
supplemental NPRM in this regard.
Explanation of Changes to This Supplemental NPRM
We have changed this supplemental NPRM to identify the legal name
of the manufacturer as published in the most recent type certificate
data sheet for the affected airplane models.
Boeing Commercial Airplanes has received an Organization
Designation Authorization (ODA), which replaces the previous
designation as a Delegation Option Authorization (DOA) holder. We have
revised paragraph (j)(3) of this AD to add delegation of authority to
Boeing Commercial Airplanes ODA to approve an alternative method of
compliance for any repair required by this AD.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
We are proposing this supplemental NPRM because we evaluated all
pertinent information and determined an unsafe condition exists and is
likely to exist or develop on other products of the same type design.
Certain changes described above expand the scope of the original NPRM.
As a result, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for the public to
comment on this supplemental NPRM.
Explanation of Change to Costs of Compliance
Since issuance of the original NPRM, we have increased the labor
rate used in the Costs of Compliance from $80 per work hour to $85 per
work hour. The Costs of Compliance information, below, reflects this
increase in the specified hourly labor rate.
Costs of Compliance
There are about 694 airplanes of the affected design in the
worldwide fleet. This proposed AD would affect about 129 airplanes of
U.S. registry. We also estimate that it would take between 278 and 358
work-hours per product to comply with the basic requirements of this
proposed AD. Required parts would cost about $2,241 per product. The
average labor rate is $85 per work-hour. Based on these figures, we
estimate the cost of these proposed actions to the U.S. operators to be
between $3,337,359 and $4,214,559, or $25,871 and $32,671 per product,
depending on airplane configuration.
Currently, there are no affected Group 3 airplanes on the U.S.
Register. However, if a Group 3 airplane is imported and placed on the
U.S. Register in the future, the required actions would take about 480
work hours, at an average labor rate of $85 per work hour. Required
parts would cost about $2,241 per product. Based on these figures, we
estimate the cost of this proposed AD for Group 3 airplanes to be
$43,041 per airplane.
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
We 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. Is not a ``significant rule'' under the 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.
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
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
[[Page 34666]]
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
The Boeing Company: Docket No. FAA-2007-27042; Directorate
Identifier 2006-NM-225-AD.
Comments Due Date
(a) We must receive comments by July 13, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the applicable The Boeing Company
airplanes; certificated in any category; as identified in the
service information specified in Table 1 of this AD.
Table 1--Service Information
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For Model-- Boeing service information--
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777-200, -300, and -300ER Service Bulletin 777-57A0050,
airplanes. Revision 2, dated May 14, 2009.
777-200 and -300 airplanes........ Alert Service Bulletin 777-57A0051,
dated May 15, 2006.
777-200, -300, and -300ER Alert Service Bulletin 777-57A0057,
airplanes. Revision 1, dated August 2, 2007.
777-200, -300, and -300ER Boeing Alert Service Bulletin 777-
airplanes. 57A0059, dated October 30, 2008.
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Note 1: Although Boeing Alert Service Bulletin 777-57A0050,
Revision 2, refers to ``Model 777-200ER'' airplanes, this is a
European designation that does not apply to airplanes of U.S.
registry. Therefore, the applicability of this AD will not specify
Model 777-200ER airplanes. However, U.S. operators should consider
any reference to Model 777-200ER airplanes in Boeing Alert Service
Bulletin 777-57A0050, Revision 2, as applicable to Model 777-200
airplanes as designated by the type certificate data sheet.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Unsafe Condition
(e) This AD results from fuel system reviews conducted by the
manufacturer. The Federal Aviation Administration is issuing this AD
to prevent electrical arcing on the fuel tank boundary structure or
inside the main and center fuel tanks, which could result in a fire
or explosion.
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.
Corrective Actions (Installing Teflon Sleeving, Cap Sealing, One-Time
Inspection)
(g) Within 60 months after the effective date of this AD, do the
applicable actions specified in paragraph (g)(1), (g)(2), (g)(3), or
(g)(4) of this AD.
(1) For airplanes identified in Boeing Service Bulletin 777-
57A0050, Revision 2, dated May 14, 2009: Install Teflon sleeving
under the clamps of certain wire bundles routed along the fuel tank
boundary structure and cap seal certain penetrating fasteners of the
fuel tanks, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 777-57A0050, Revision 2, dated May 14, 2009.
(2) For airplanes identified in Boeing Alert Service Bulletin
777-57A0051, dated May 15, 2006: Cap seal certain penetrating
fasteners of the fuel tanks, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 777-57A0051, dated May
15, 2006.
(3) For airplanes identified in Boeing Alert Service Bulletin
777-57A0057, Revision 1, dated August 2, 2007: Do a general visual
inspection to determine if certain fasteners are cap sealed and do
all applicable corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 777-
57A0057, Revision 1, dated August 2, 2007. Do all applicable
corrective actions before further flight.
(4) For airplanes identified in Boeing Alert Service Bulletin
777-57A0059, dated October 30, 2008: Cap seal the fasteners in the
center fuel tanks that were not sealed during production, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 777-57A0059, dated October 30, 2008.
Credit for Actions Done Using Previous Issues of the Service Bulletins
(h) Actions done before the effective date of this AD in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 777-57A0050, dated January 26, 2006; or Revision 1,
dated August 2, 2007; are acceptable for compliance with the
corresponding actions required by paragraph (g)(1) of this AD,
provided that the applicable additional work specified in Boeing
Service Bulletin 777-57A0050, Revision 2, dated May 14, 2009, is
done within the compliance time specified in paragraph (g) of this
AD. The additional work must be done in accordance with Boeing
Service Bulletin 777-57A0050, Revision 2, dated May 14, 2009.
(i) Actions done before the effective date of this AD in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 777-57A0057, dated August 7, 2006, are acceptable
for compliance with the actions required by paragraph (g)(3) of this
AD.
Alternative Methods of Compliance (AMOCs)
(j)(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: Margaret Langsted, Aerospace Engineer, Propulsion Branch, ANM-
140S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone (425) 917-6500; fax (425) 917-6590. Or, e-mail
information to [email protected].
(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.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.
Issued in Renton, Washington, on June 10, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-14792 Filed 6-17-10; 8:45 am]
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