[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Rules and Regulations]
[Pages 12809-12812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04713]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0133; Project Identifier AD-2021-00234-T; 
Amendment 39-21469; AD 2021-06-03]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
The Boeing Company Model 777F series airplanes. This AD was prompted by 
a report of a water supply line that detached at a certain joint 
located above an electronic equipment (EE) cooling filter, leading to 
water intrusion into the forward EE bay. This AD requires deactivating 
the potable water system. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective March 5, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 5, 
2021.
    The FAA must receive comments on this AD by April 19, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, 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 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

[[Page 12810]]

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-2021-
0133.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0133; 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 final rule, any 
comments received, and other information. The street address for the 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Courtney Kronenberger, Aerospace 
Engineer, Cabin Safety and Environmental Systems Section, FAA, Seattle 
ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 
206-231-3986; email: <a href="/cdn-cgi/l/email-protection#23604c5651574d465a0d620d68514c4d464d414651444651634542420d444c55"><span class="__cf_email__" data-cfemail="d794b8a2a5a3b9b2aef996f99ca5b8b9b2b9b5b2a5b0b2a597b1b6b6f9b0b8a1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA has received a report of a water supply line that detached 
above an EE cooling filter, leading to water intrusion into the forward 
EE bay, on a Model 777F series airplane with 34,000 total flight hours 
and 6,000 total flight cycles.
    During potable water servicing on ground, the operator received 
multiple messages appearing on the engine indication and crew alert 
system (EICAS) indicating multiple affected EE line replaceable units 
(LRUs). Further investigation revealed that the location of a joint on 
a swaged end fitting ferrule of a corrosion resistant stainless steel 
(CRES) water supply line had become partially or fully detached from 
the tube, causing water to spill onto an EE cooling filter (directly 
below the fitting) in the left-hand sidewall at station (STA) 571. The 
amount and duration of the water spillage are unknown. The cooling 
filter became saturated with the water, which was then blown via the EE 
cooling system into multiple EE LRUs located in the EE bay.
    Water that has been ingested or has entered into the EE cooling 
system via the cooling filter can be circulated to multiple EE racks 
and can accumulate on the LRUs, particularly where forced air cooling 
occurs. Water ingress to these LRUs can affect multiple EE bay racks 
and LRUs, resulting in loss of functionality or inaccurate output of 
critical electrical systems and possible loss of control of the 
airplane. The FAA is issuing this AD to address the unsafe condition on 
these products.
    Model 777F series airplanes line numbers (L/Ns) 960 and subsequent 
have a joint at this location from the factory-installed CRES tube 
assembly. Boeing released Service Bulletin 777-38-0042 as an economic 
service bulletin providing operators with airplanes prior to L/N 960 
instructions to retrofit to this configuration at their discretion. 
Therefore, this AD will require deactivation of the potable water 
system for all 777F with this joint installed either in production or 
through performance of Boeing SB 777-38-0042.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the 
unsafe condition described previously is likely to exist or develop in 
other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing MOM-MOM-21-0089-01B, dated February 26, 
2021. This service information specifies procedures for deactivating 
the potable water system. 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 the 
ADDRESSES section.

AD Requirements

    This AD requires accomplishing the actions specified in the service 
information already described, except as discussed under ``Differences 
Between this AD and the Service Information.'' This AD also prohibits 
the future accomplishment of the actions specified in Boeing Service 
Bulletin 777-38-0042.

Difference Between This AD and the Service Information

    Boeing MOM-MOM-21-0089-01B, dated February 26, 2021, specifies one 
Safety Action and six Recommended Actions. Although the FAA recommends 
accomplishment of all of these actions, this AD requires only 
deactivation of the potable water system, as specified in the Safety 
Action of the service information.

Interim Action

    The FAA considers this AD to be an interim action. The manufacturer 
is currently developing a modification that will address the unsafe 
condition identified in this AD. Once this modification is developed, 
approved, and available, the FAA might consider additional rulemaking.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because water that has entered the EE cooling system via the cooling 
filter can affect multiple EE bay racks and LRUs, resulting in loss of 
functionality or inaccurate output of critical electrical systems and 
possible loss of control of the airplane. Accordingly, notice and 
opportunity for prior public comment are impracticable and contrary to 
the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include Docket No. FAA-2021-0133 and Project Identifier AD-
2021- 00234-T at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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

[[Page 12811]]

summarizing each substantive verbal contact received about this final 
rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to 
Courtney Kronenberger, Aerospace Engineer, Cabin Safety and 
Environmental Systems Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3986; email: 
<a href="/cdn-cgi/l/email-protection#0b48647e797f656e72254a25407964656e65696e796c6e794b6d6a6a256c647d"><span class="__cf_email__" data-cfemail="93d0fce6e1e7fdf6eabdd2bdd8e1fcfdf6fdf1f6e1f4f6e1d3f5f2f2bdf4fce5">[email protected]</span></a>. Any commentary that the FAA receives 
that is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 58 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Deactivation of potable water system..  2 work-hours x $85 per                $0            $170          $9,860
                                         hour = $170.
----------------------------------------------------------------------------------------------------------------

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

    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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    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 airworthiness 
directive:

2021-06-03 The Boeing Company: Amendment 39-21469; Docket No. FAA-
2021-0133; Project Identifier AD-2021-00234-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 5, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 777F series 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 38, Water/waste.

(e) Unsafe Condition

    This AD was prompted by a report of a water supply line that 
detached above an electronic equipment (EE) cooling filter, leading 
to water intrusion into the forward EE bay. The FAA is issuing this 
AD to address water entering the EE cooling system via the cooling 
filter, which can affect multiple EE bay racks and line replaceable 
units (LRUs), resulting in loss of functionality or inaccurate 
output of critical electrical systems and possible loss of control 
of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Deactivation of Potable Water System

    For the airplanes identified in paragraphs (g)(1) and (2) of 
this AD: Within 5 days after the effective date of this AD, 
deactivate the potable water system, in accordance with Boeing Multi 
Operator Message MOM-MOM-21-0089-01B, dated February 26, 2021 (MOM-
MOM-21-0089-01B).
    (1) Line numbers (L/Ns) 959 and earlier on which the actions 
specified in Boeing Service Bulletin 777-38-0042 have been 
accomplished.
    (2) L/Ns 960 and subsequent.
    Note 1 to paragraph (g): Guidance on deactivating the potable 
water system can be found in Boeing 777 Aircraft Maintenance Manual 
(AMM) Task 38-10-00-040-801.

(h) Installation Prohibition

    For airplanes not identified in paragraph (g) of this AD: As of 
the effective date of this AD, accomplishment of the actions 
specified in Boeing Service Bulletin 777-38-0042 is prohibited.

[[Page 12812]]

(i) Reporting Provisions

    Although Boeing MOM-MOM-21-0089-01B specifies to report 
inspection findings, this AD does not require any report.

(j) 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 Related Information. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#023b2f434c4f2f51676376766e672f43414d2f434f4d412f5067737767717671426463632c656d74"><span class="__cf_email__" data-cfemail="11283c505f5c3c42747065657d743c50525e3c505c5e523c4374606474626562517770703f767e67">[email protected]</span></a>.
    (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.

(k) Related Information

    For more information about this AD, contact Courtney 
Kronenberger, Aerospace Engineer, Cabin Safety and Environmental 
Systems Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3986; email: 
<a href="/cdn-cgi/l/email-protection#43002c3631372d263a6d026d08312c2d262d212631242631032522226d242c35"><span class="__cf_email__" data-cfemail="b7f4d8c2c5c3d9d2ce99f699fcc5d8d9d2d9d5d2c5d0d2c5f7d1d6d699d0d8c1">[email protected]</span></a>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Multi Operator Message MOM-MOM-21-0089-01B, dated 
February 26, 2021.
    (ii) [Reserved]
    (3) 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.
    (4) You may view this 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.
    (5) You may view this 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, email <a href="/cdn-cgi/l/email-protection#adcbc8c9dfc8ca83c1c8caccc1edc3ccdfcc83cac2db"><span class="__cf_email__" data-cfemail="36505352445351185a5351575a765857445718515940">[email protected]</span></a>, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 2, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-04713 Filed 3-3-21; 11:15 am]
BILLING CODE 4910-13-P


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