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[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Rules and Regulations]
[Pages 35749-35752]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13294]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1221; Directorate Identifier 2012-NM-151-AD; 
Amendment 39-17474; AD 2013-11-14]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company 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 
The Boeing Company Model 777-200 and -300 series airplanes. This AD was 
prompted by reports of hydraulic fluid contamination (including 
contamination caused by hydraulic fluid in its liquid, vapor, and/or 
solid (coked) form) found in the strut forward dry bay. This AD 
requires repetitive general visual inspections of the strut forward dry 
bay for the presence of hydraulic fluid, and related investigative and 
corrective actions (including checking drain lines for blockage due to 
hydraulic fluid coking, and cleaning or replacing drain lines to allow 
drainage) if necessary. We are issuing this AD to detect and correct 
hydraulic fluid contamination of the strut forward dry bay, which could 
result in hydrogen embrittlement of the titanium forward engine mount 
bulkhead fittings, and consequent inability of the fittings to carry 
engine loads, resulting in engine separation. Hydraulic embrittlement 
also could cause a through-crack formation across the fittings through 
which an engine fire could breach into the strut, resulting in an 
uncontained strut fire.

DATES: This AD is effective July 19, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of July 19, 
2013.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, P. 
O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, 
extension 1; fax 206-766-5680; 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, WA. For 
information on the availability of this material at the FAA, call 425-
227-1221.

[[Page 35750]]

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 (phone: 800-647-5527) is 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, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6501; fax: 425-917-6590; email: kevin.nguyen@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM published in the Federal Register on December 4, 2012 (77 FR 
71731). That NPRM proposed to require repetitive general visual 
inspections of the strut forward dry bay for the presence of hydraulic 
fluid, and related investigative and corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 71731, December 4, 2012) and the FAA's response to each comment.

Concurrence With NPRM (77 FR 71731, December 4, 2012)

    Boeing concurred with the content of the NPRM (77 FR 71731, 
December 4, 2012).

Request for Delegation of Repair Method Approval to Organization 
Designation Authorization (ODA)

    All Nippon Airways Co., Ltd., (ANA) requested that we delegate the 
approval for a repair method to the Boeing ODA in order to minimize the 
downtime of the airplane. ANA noted that paragraph (h)(2) of the NPRM 
(77 FR 71731, December 4, 2012) requires repair in accordance with a 
method approved by the Seattle Aircraft Certification Office, while the 
service information states to contact Boeing for repairs.
    We agree that approval of the repairs can be delegated to the 
Boeing ODA for this AD. As stated in the NPRM (77 FR 71731, December 4, 
2012), paragraph (i)(3) of the NPRM already specifies that an 
alternative method of compliance (AMOC) may be used for any repair 
required by this AD if it is approved by the Boeing Commercial 
Airplanes ODA that has been authorized by the Manager, Seattle Aircraft 
Certification Office, to make those findings. However, we have revised 
paragraph (h)(2) of this AD to reference paragraph (i) of this AD for 
repair approvals.

Request for Information

    Mark Sokolow requested that we provide information on which 
airplanes the hydraulic fluid contamination occurred, and on which 
flights. The commenter quoted an Open Government Directive issued by 
the Office of Management and Budget on December 8, 2009, (http://www.whitehouse.gov/sites/default/files/omb/assets/memoranda_2010/m10-06.pdf), which presented a 60-day timetable to ``respect the 
presumption of openness by publishing information online.'' The author 
of that directive reminded agencies that government has defined 
guidelines as to the objectivity of information, which focuses on 
whether the ``disseminated information is being presented in an 
accurate, clear, complete and unbiased manner. This involves whether 
the information is being presented within a proper context. 
(Guidelines, 2001, p. 8459).''
    We infer that the commenter is requesting information regarding 
specific airplanes that originally exhibited the unsafe condition. 
Boeing Special Attention Service Bulletin 777-54-0028, dated May 25, 
2012, which is referenced in the NPRM (77 FR 71731, December 4, 2012), 
identifies Model 777 airplanes that have accumulated approximately 
9,900 to 29,000 flight cycles and 13,000 to 33,300 flight hours, as the 
affected airplanes. However, individual operator data might be 
considered proprietary; therefore, we do not publish individual 
operator information of this type in ADs. No change has been made to 
this AD in this regard.

Request for Identification of Repairs

    Mark Sokolow also requested that we delineate mechanical repairs 
that can be completed to stop the hydraulic fluid contamination.
    We note that, at this time, a terminating action is not available. 
The manufacturer is currently working on a terminating action; however, 
the required inspections and any necessary cleaning or drain line 
replacement adequately addresses the unsafe condition. If a terminating 
action becomes available, we might consider further rulemaking at that 
time. No change has been made to the AD in this regard.

Clarification of Terminology

    We have determined that an explanation of hydraulic fluid 
contamination is needed for clarification purposes in this AD. 
Hydraulic fluid contamination includes, but is not limited to, 
contamination caused by hydraulic fluid in its liquid, vapor, and/or 
solid (coked) form. Hydraulic fluid in any of these forms can be a 
contaminant to the structure and its coating (primer, paint, leveling 
compound, sealant, etc.) in the strut forward dry bay. Boeing has 
confirmed that ``hydraulic fluid contamination'' used in the service 
information is understood to be contamination caused by hydraulic fluid 
in its liquid, vapor, and/or solid (coked) form. We have added this 
clarification to the Summary section of the AD preamble and to 
paragraphs (e) and (g) of this AD.

Clarification of Related Investigative and Corrective Actions

    We have included the parenthetical phrase, ``including checking 
drain lines for blockage due to hydraulic fluid coking, and cleaning or 
replacing drain lines to allow drainage'' to clarify the related 
investigative and corrective actions specified in paragraph (g) of this 
AD. Hydraulic fluid can enter the dry bay through the condensate drain 
line which connects to the system disconnect box drain lines. The 
system disconnect box drain hose can clog due to hydraulic fluid coking 
in the drain lines, which allows hydraulic fluid to back up into the 
strut forward dry bay through the condensate drain line. Although the 
NPRM (77 FR 71731, December 4, 2012) describes these actions, we want 
to emphasize the importance of these actions by including them in the 
final rule.

Correction to Paragraph (c) of This AD

    We have corrected the series designation of the engine to Pratt & 
Whitney ``PW4000'' series engines in paragraph (c) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously

[[Page 35751]]

and minor editorial changes. We have determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 71731, December 4, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 71731, December 4, 2012).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 55 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                    Labor cost         Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Repetitive general visual         5 work-hours x $85               $0   $425 per inspection  $23,375 per
 inspections.                      per hour = $425                       cycle.               inspection cycle.
                                   per inspection
                                   cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any actions that would be 
required based on the results of the inspection. We have no way of 
determining the number of aircraft that might need these actions.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Detailed inspection...........................  8 work-hours x $85 per hour =                 $0            $680
                                                 $680.
Check drain lines (including cleaning or        5 work-hours x $85 per hour =                  0             425
 replacing).                                     $425.
Detailed inspection and high frequency eddy     8 work-hours x $85 per hour =                  0             680
 current inspection.                             $680.
Clean and restore sealant, primer and leveling  8 work-hours x $85 per hour =                  0             680
 compound.                                       $680.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
a cost estimate for the on-condition repair specified in this AD.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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 (AD):

2013-11-14 The Boeing Company: Amendment 39-17474; Docket No. FAA-
2012-1221; Directorate Identifier 2012-NM-151-AD.

(a) Effective Date

    This AD is effective July 19, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 777-200 and -300 
series airplanes; certificated in any category; equipped with Pratt 
& Whitney PW4000 series engines; as identified in Boeing Special 
Attention Service Bulletin 777-54-0028, dated May 25, 2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 54, Nacelles/pylons.

[[Page 35752]]

(e) Unsafe Condition

    This AD was prompted by reports of hydraulic fluid contamination 
(including contamination caused by hydraulic fluid in its liquid, 
vapor, and/or solid (coked) form) found in the strut forward dry 
bay. We are issuing this AD to detect and correct hydraulic fluid 
contamination of the strut forward dry bay, which could result in 
hydrogen embrittlement of the titanium forward engine mount bulkhead 
fittings, and consequent inability of the fittings to carry engine 
loads, resulting in engine loss. Hydraulic embrittlement also could 
cause a through-crack formation across the fittings through which an 
engine fire could breach into the strut, resulting in an uncontained 
strut fire.

(f) Compliance

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

(g) Inspection

    Except as provided by paragraph (h)(1) of this AD, at the times 
specified in paragraph 1.E., ``Compliance,'' of Boeing Special 
Attention Service Bulletin 777-54-0028, dated May 25, 2012: Do a 
general visual inspection for hydraulic fluid contamination 
(including contamination caused by hydraulic fluid in its liquid, 
vapor, and/or solid (coked) form) of the interior of the strut 
forward dry bay, and do all applicable related investigative and 
corrective actions (including checking drain lines for blockage due 
to hydraulic fluid coking, and cleaning or replacing drain lines to 
allow drainage) if necessary, in accordance with the Accomplishment 
Instructions of Boeing Special Attention Service Bulletin 777-54-
0028, dated May 25, 2012, except as required by paragraph (h)(2) of 
this AD. Repeat the inspection thereafter at the times specified in 
paragraph 1.E., ``Compliance,'' of Boeing Special Attention Service 
Bulletin 777-54-0028, dated May 25, 2012. Except as required by 
paragraph (h)(3) of this AD, do all applicable related investigative 
and corrective actions at the times specified in paragraph 1.E., 
``Compliance,'' of Boeing Special Attention Service Bulletin 777-54-
0028, dated May 25, 2012.

(h) Exceptions to the Service Information

    (1) Where the Compliance time column of paragraph 1.E., 
``Compliance,'' of Boeing Service Bulletin 777-54-0028, dated May 
25, 2012, refers to the compliance time ``after the original issue 
date of this service bulletin,'' this AD requires compliance within 
the specified compliance time after the effective date of this AD.
    (2) Where Boeing Special Attention Service Bulletin 777-54-0028, 
dated May 25, 2012, specifies to contact Boeing for repair: Except 
as required by paragraph (h)(3) of this AD, at the applicable times 
specified in paragraph 1.E., ``Compliance,'' of Boeing Special 
Attention Service Bulletin 777-54-0028, dated May 25, 2012, repair, 
using a method approved in accordance with the procedures specified 
in paragraph (i) of this AD.
    (3) Where paragraph 1.E., ``Compliance,'' of Boeing Special 
Attention Service Bulletin 777-54-0028, dated May 25, 2012, 
specifies a compliance time of ``within 25 flight-cycles or 10 days, 
whichever occurs first,'' this AD requires compliance within 25 
flight cycles or 10 days after the most recent inspection required 
by paragraph (g) of this AD, whichever occurs first.

(i) Alternative Methods of Compliance (AMOCs)

    (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. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (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.

(j) Related Information

    For more information about this AD, contact Kevin Nguyen, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 
98057-3356; phone: 425-917-6501; fax: 425-917-6590; email: 
kevin.nguyen@faa.gov.

(k) 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 Special Attention Service Bulletin 777-54-0028, dated 
May 25, 2012.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 24, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-13294 Filed 6-13-13; 8:45 am]
BILLING CODE 4910-13-P
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