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[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Rules and Regulations]
[Pages 70102-70104]
From the Federal Register Online via the Government Printing 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 me.boecom@boeing.com; 
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: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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 
me.boecom@boeing.com; 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]
BILLING CODE 4910-13-P
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