[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Rules and Regulations]
[Pages 70102-70104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28176]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0376; Directorate Identifier 2009-NM-267-AD;
Amendment 39-16504; AD 2010-23-15]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Model 777-200, -
200LR, -300, and -300ER Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Model 777-200, -200LR, -300, and -300ER series airplanes. This AD
requires removing and repairing the sealant at the four lower corners
of the wing center section and the four lower t-chord segment gaps on
each side of the wing center section. This AD results from reports of
fuel leakage from the center tank. We are issuing this AD to detect and
correct improperly applied sealant, which could result in the
disbonding and displacing of sealant, and consequent fuel leaks. On the
ground, uncontained fuel leakage could result in pooling, and pooling
combined with an ignition source could result in a fire.
DATES: This AD is effective December 22, 2010.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 22,
2010.
ADDRESSES: 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 [email protected];
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 address for the
Docket Office (telephone 800-647-5527) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Kevin Nguyen, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6501; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain Model 777-200, -200LR, -300, and -300ER series airplanes. That
NPRM was published in the Federal Register on April 8, 2010 (75 FR
17889). That NPRM proposed to require removing and repairing the
sealant at the four lower corners of the wing center section and the
four lower t-chord segment gaps on each side of the wing center
section.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the two commenters.
Support for the NPRM
Continental Airlines (CAL) stated that it concurs with intent of
the NRPM to ensure a high level of safety for the Model 777 airplane
fleet.
Request to Include Revised Inspection Criteria in Revised Service
Information
Boeing requested that we revise the NPRM to refer to Revision 2 of
Boeing Special Attention Service Bulletin 777-57-0063. Boeing stated
that this revision includes an alternative inspection, and, depending
on the inspection findings, it may be unnecessary to remove and replace
the sealant. Furthermore, Boeing requested that we provide credit for
actions accomplished in accordance with Boeing Special Attention
Service Bulletin 777-57-0063, Revision 1, dated May 14, 2009.
CAL also requested a provision to allow the inspection of the
sealant condition in the affected areas before the sealant repair that
is specified by Boeing Special Attention Service Bulletin 777-57-0063,
Revision 1, dated
[[Page 70103]]
May 14, 2009. CAL stated it believes that the additional inspection of
the sealant is required to prevent unnecessary corrective actions on
the affected airplanes that do not have the fuel leakage problems. CAL
based its recommendation on its two affected airplanes that have not
had any abnormal fuel leakage. CAL stated that Boeing has agreed that
such a provision is acceptable to ensure an adequate level of safety.
CAL asked that we revise the proposed AD to include the additional
inspection criteria.
We infer that Boeing is asking us to revise the NPRM to add an
additional inspection for sealant that Boeing plans to include in the
next revision of the service information. We agree that an alternative
inspection may prevent unnecessarily removing the sealant. However, we
do not agree to delay this AD action until after Boeing revises the
service bulletin, since sufficient methods specified in Boeing Special
Attention Service Bulletin 777-57-0063, Revision 1, dated May 14, 2009,
address the unsafe condition within the compliance time. However, after
reviewing the next revision of this service bulletin, we might consider
approving it as an alternative method of compliance (AMOC), if
requested. In addition, any operator may request approval of an AMOC
under the provisions of paragraph (i) of the final rule if data are
submitted to substantiate that such a request would provide an
acceptable level of safety. We have not changed this final rule in
regard to this issue.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.
Costs of Compliance
We estimate that this AD affects 8 airplanes of U.S. registry. We
also estimate that it will take about 10 work-hours per product to
comply with this AD. The average labor rate is $85 per work-hour. Based
on these figures, we estimate the cost of this AD to the U.S. operators
to be $6,800, or $850 per product.
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:
2010-23-15 The Boeing Company: Amendment 39-16504. Docket No. FAA-
2010-0376; Directorate Identifier 2009-NM-267-AD.
Effective Date
(a) This airworthiness directive (AD) is effective December 22,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to The Boeing Company Model 777-200, -200LR,
-300, and -300ER series airplanes, certificated in any category; as
identified in Boeing Special Attention Service Bulletin 777-57-0063,
Revision 1, dated May 14, 2009.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Unsafe Condition
(e) This AD results from reports of fuel leakage from the center
tank. We are issuing this AD to detect and correct improperly
applied sealant, which could result in the disbonding and displacing
of sealant, and consequent fuel leaks. On the ground, uncontained
fuel leakage could result in pooling, and pooling combined with an
ignition source could result in a fire.
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.
Removal and Repair of Sealant
(g) Within 36 months or 6,000 flight cycles after the effective
date of this AD, whichever occurs first: Remove and repair the
sealant at the four lower corners of the wing center section and the
four lower t-chord segment gaps on each side of the wing center
section, in accordance with the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 777-57-0063, Revision 1,
dated May 14, 2009.
Credit for Actions Accomplished According to Previous Issue of Service
Bulletin
(h) Actions accomplished before the effective date of this AD in
accordance with Boeing Special Attention Service Bulletin 777-57-
0063, dated November 20, 2008, are considered acceptable for
compliance with the corresponding action specified in this AD.
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: Kevin Nguyen, Aerospace Engineer, Propulsion Branch, ANM-140S,
FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue,
SW., Renton, Washington 98057-3356; telephone (425) 917-6501; fax
(425) 917-6590. Information may be e-mailed 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,
[[Page 70104]]
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 Special Attention Service Bulletin 777-
57-0063, Revision 1, dated May 14, 2009, 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
[email protected]; 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.
(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 October 22, 2010.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-28176 Filed 11-16-10; 8:45 am]
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