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[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Rules and Regulations]
[Pages 12397-12401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03968]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-4225; Directorate Identifier 2015-NM-139-AD; 
Amendment 39-18817; AD 2017-05-07]
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 The 
Boeing Company Model 777-200 and -300 series airplanes equipped with 
Rolls-Royce Model Trent 800 engines. This AD was prompted by reports of 
damage to the upper bifurcation forward fire seal and seal deflector, 
and localized damage to the insulation blanket installed just aft of 
the fire seal. This AD requires installing serviceable thrust reverser 
(T/R) halves on the left and right engines. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective April 7, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 7, 
2017.

ADDRESSES: 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 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. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
4225.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
4225; 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 Docket 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, 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 by adding an AD that would apply to The Boeing Company Model 
777-200 and -300 series airplanes equipped with Rolls-Royce Model Trent 
800 engines. The NPRM published in the Federal Register on March 17, 
2016 (81 FR 14402). The NPRM was prompted by reports of damage to the 
upper bifurcation forward fire seal and seal deflector, and localized 
damage to the insulation blanket installed just aft of the fire seal. 
The NPRM proposed to require installing serviceable left and right T/R 
halves on the left and right engines. We are issuing this AD to prevent 
a breach in the engine firewall due to a failed upper bifurcation 
forward fire seal. A breach could delay or prevent the fire detection 
and suppression system from functioning properly, and could result in 
an increased risk of a fire, prolonged burning, and breach of the fire 
zone; and could allow fire to reach unprotected areas of the engine, 
the strut, and wing after engine shutdown. Also, fan air bypassing the 
fire seal could cause localized damage to the T/R insulation blanket 
installed just aft of the fire seal, which could allow limited thermal 
degradation of the T/R inner wall. This could aggravate existing damage 
and cause the T/R's inner wall to fail.

Actions Since the NPRM Was Issued

    In the Other Relevant Rulemaking section of the NPRM we mentioned 
additional proposed rulemaking related to the T/Rs for Model 777-200 
and -300 series airplanes equipped with Rolls-Royce Model RB211-Trent 
800 engines. That action was subsequently issued as a supplemental NPRM 
(SNPRM), Docket Number FAA-2011-0027, Directorate Identifier 2010-NM-
127-AD, which was published in the Federal Register on September 25, 
2015 (80 FR 57744). The final rule for that SNPRM has been issued and 
was published in the Federal Register on June 17, 2016 (81 FR 39547), 
as AD 2016-11-16, Amendment 39-18543.
    Since the NPRM was issued, the European Aviation Safety Agency 
(EASA) issued EASA AD 2016-0084, dated April 28, 2016, for Rolls-Royce 
RB211-Trent 800 engines; and the Engine Certification Office (ECO), 
Engine and Propeller Directorate, FAA, issued a corresponding NPRM, 
Docket No. FAA-2016-6692, Directorate Identifier 2016-NE-13-AD, which 
was published in the Federal Register on July 15, 2016 (81 FR 46000). 
In the EASA AD and FAA ECO NPRM, damage (cracking, missing materials, 
and hole/openings) to the engine upper bifurcation fairing panel 
creates a breach of the engine fire wall, which may decrease the 
effectiveness of the engine fire detection and suppression systems due 
to excess fan air entering the engine compartment fire zone. The unsafe 
condition and resulting effects

[[Page 12398]]

from EASA AD 2016-0084 and FAA ECO Directorate Identifier 2016-NE-13-AD 
are the same issues presented in this FAA final rule issued by the 
Transport Airplane Directorate (TAD). However EASA AD 2016-0084 and FAA 
ECO Directorate Identifier 2016-NE-13-AD are specific to the engine 
upper bifurcation fairing panel where the T/R upper bifurcation forward 
fire seal (the subject of this TAD final rule) mates and press against. 
Both sets of hardware create a complete firewall feature on the 
airplane type design. EASA AD 2016-0084 and FAA ECO Directorate 
Identifier 2016-NE-13-AD address the cracking and or missing material 
from the engine upper bifurcation fairing panel and this TAD final rule 
addresses the airplane side--the damage to the T/R upper bifurcation 
forward fire seal.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Supportive Comments

    Connor Blevins, Michael Rambo, The Air Line Pilots Association, 
International (ALPA), and a commenter identified as ``gg'' supported 
the intent of the NPRM.

Request To Refer to Revised Service Information

    Boeing requested that the service information specified in 
paragraph (g) of the proposed AD be revised to refer to Boeing Special 
Attention Service Bulletin 777-78-0101, Revision 2, dated July 22, 2016 
(``SASB 777-78-0101, R2''). Paragraph (g) of the proposed AD referred 
to Boeing Special Attention Service Bulletin 777-78-0101, Revision 1, 
dated October 30, 2015 (``SASB 777-78-0101, R1''). Boeing stated that 
SASB 777-78-0101, R1, contained errors in figures 2 and 5 regarding 
installation of the fire seal support and retainer. Boeing notified 
operators of these errors through Boeing Service Bulletin Information 
Notice 777-78-0101 IN 01, dated November 30, 2015 (``IN 777-78-0101 IN 
01''), and released SASB 777-78-0101, R2, to incorporate the 
information from IN 777-78-0101 IN 01.
    We agree with the commenter's request to refer to SASB 777-78-0101, 
R2, as the appropriate source of service information for accomplishing 
the actions required by this AD. SASB 777-78-0101, R2, clarifies the 
installation instructions for the new seal support; and the adjustment 
of the shim below the lower curved retainer by extending it to the 
lower edge of the new seal support so that the gap under the seal 
retainer is filled. This clarification instruction is similar to the 
information in IN 777-78-0101 IN 01. We have revised paragraph (g) of 
this AD accordingly.

Request To Provide Credit for Actions Done Using Earlier Revision of 
Service Information

    Boeing requested that a new paragraph be included in the proposed 
AD to provide credit for actions accomplished prior to the effective 
date of the proposed AD using the Accomplishment Instructions specified 
in SASB 777-78-0101, R1. Boeing stated that despite the errors in SASB 
777-78-0101, R1, as discussed previously, completion of the actions 
specified in SASB 777-78-0101, R1, still corrects the unsafe condition 
addressed in paragraph (e) of the proposed AD.
    We agree with the commenter's request to provide credit for actions 
done using the Accomplishment Instructions of SASB 777-78-0101, R1. 
Although SASB 777-78-0101, R2, provides better clarification for the 
work instructions, SASB 777-78-0101, R1, still provides sufficient 
instructions to correct the unsafe condition. We have added new 
paragraph (h) to this AD to provide credit for actions done using the 
Accomplishment Instructions of SASB 777-78-0101, R1, and redesignated 
the subsequent paragraphs accordingly.

Request for Global Alternative Method of Compliance (AMOC)

    American Airlines (AAL) requested that the final rule require 
accomplishment of the actions specified in the Accomplishment 
Instructions of SASB 777-78-0101, R1, and include a global AMOC for 
operators that have incorporated the actions in both SASB 777-78-0101, 
R1, and IN 777-78-0101 IN 01.
    We acknowledge the commenter's request; however this AD does not 
require accomplishment of the actions specified in the Accomplishment 
Instructions of SASB 777-78-0101, R1. This AD requires operators to use 
SASB 777-78-0101, R2, which includes clarification actions specified in 
IN 777-78-0101 IN 01. As stated previously, we have also given credit 
for actions done using the Accomplishment Instructions of SASB 777-78-
0101, R1; therefore an AMOC approval is not necessary. We have not 
changed this AD regarding this issue.

Request To Reduce the Compliance Time

    ALPA recommended that the compliance time in the proposed rule be 
reduced from 60 months to 36 months. The commenter did not specifically 
provide justification for this request, but we infer that they are 
implying that a reduced compliance time is warranted due to the 
significance of the unsafe condition.
    We do not agree with the commenter's request to reduce the 
compliance time. In developing an appropriate compliance time for this 
action, we considered not only the degree of urgency associated with 
addressing the subject unsafe condition, but the manufacturer's 
recommendation for an appropriate compliance time, the time required 
for the rulemaking process, the availability of required parts, and the 
practical aspects of installing the required modification within an 
interval of time that corresponds to the typical scheduled maintenance 
for the majority of affected operators. Most ADs, including this one, 
permit operators to accomplish the requirements at a time earlier than 
the specified compliance time; therefore, an operator may choose to do 
the installation of serviceable T/R halves on each engine prior to 60 
months after the effective date of this AD. If additional data are 
presented that would justify a shorter compliance time, we may consider 
further rulemaking on this issue. We have not changed this AD in this 
regard.

Request To Impose Penalty for Non-Compliance

    One commenter, Connor Blevins, suggested that a penalty be included 
in the NPRM in case an airline does not comply with the proposed 
regulations. The commenter also stated that the airlines should be 
given a reasonable amount of time to install the serviceable T/R halves 
prior to enforcing the penalty. We infer that the commenter is 
requesting the NPRM be revised to include a penalty for non-compliance.
    We agree that there should be a penalty if an operator does not 
comply with the requirements of an AD. The FAA expects all affected 
operators to comply with ADs, which are issued to address unsafe 
conditions. Failure to comply with any FAA regulation, including an AD, 
might result in a civil penalty action against an operator. An AD is 
not the appropriate vehicle for addressing civil penalties for non-
compliance with the requirements of an AD. Therefore, we have not 
changed this AD in this regard.

[[Page 12399]]

Request To Allow Use of All Subsequent Revisions of Service Information

    AAL requested that the final language of the proposed AD allow all 
subsequent revisions to SASB 777-78-0101, R1, as acceptable methods of 
compliance. AAL stated that it was making this request due to the high 
regulatory load already in place for T/Rs on the Boeing 777 Rolls-Royce 
Trent 892-powered fleet. We infer that the ``high regulatory load'' 
refers to the high number of ADs that have been published in response 
to unsafe conditions identified on the T/R inner walls of Rolls-Royce 
Trent 892 engines installed on Boeing Model 777 airplanes.
    We do not agree with the commenter's request to allow the use of 
all subsequent revisions to SASB 777-78-0101, R1, as acceptable methods 
of compliance. We cannot allow use of ``later FAA-approved revisions'' 
in an AD when referring to a service document. Doing so violates Office 
of the Federal Register (OFR) regulations for approval of materials 
``incorporated by reference,'' as specified in 1 CFR 51.1(f). In 
general terms, we are required by these OFR regulations to either 
publish the service document contents as part of the actual AD 
language; or submit the service document to OFR for approval as 
``referenced'' material, in which case we may only refer to such 
material in the text of an AD. The AD may refer to the service document 
only if OFR approved it for ``incorporation by reference.'' To allow 
operators to use later revisions of the referenced document (issued 
after publication of the AD), either we must revise the AD to reference 
specific later revisions, or operators must request approval to use 
later revisions as an AMOC under the provisions of paragraph (i) of 
this AD. We have not changed this AD regarding this issue.

Request To Delay Issuance of Final Rule

    Cathay Pacific and Delta Air Lines (DAL) requested that issuance of 
the final rule be delayed. Cathay Pacific requested that the issuance 
of the final rule be delayed until the next revision to SASB 777-78-
0101, R1, is published. DAL requested that either IN 777-78-0101 IN 01 
be included in the final rule, or issuance of the final rule be delayed 
until the next revision to SASB 777-78-0101, R1, is considered.
    Cathay Pacific pointed out that there is a technical issue when an 
operator attempts to complete the actions in steps 2 and 3 of Figure 5 
in SASB 777-78-0101, R1. Cathay Pacific explained that the length of 
the new seal support is shorter than the retainer, which resulted in 
insufficient space to drill and ream the 12 fastener holes specified in 
SASB 777-78-0101, R1. Boeing was contacted and accepted alternative 
actions to those specified in the service bulletin. Also, we infer from 
the commenter that Boeing provided instructions to shim under the lower 
curved retainer and extend it up and under the flat retainer. We infer 
from the commenter that the above Boeing instructions are equivalent to 
the procedures in IN 777-78-0101 IN 01. Cathay Pacific is concerned 
that every time an operator tries to follow the actions specified in 
SASB 777-78-0101, R1, it will have to contact Boeing for deviation 
approval, and an AMOC.
    DAL noted that Boeing issued IN 777-78-0101 IN 01, to provide 
additional information needed to incorporate SASB 777-78-0101, R1. DAL 
also mentioned that the information notice indicated that a revision to 
SASB 777-78-0101, R1, was in work.
    We agree with the commenters requests to delay issuing this final 
rule until Boeing published a revision to SASB 777-78-0101, R1. As 
discussed in the above comment, ``Request to Refer to Revised Service 
Information,'' we are now requiring SASB 777-78-0101, R2, as the 
appropriate source of service information for accomplishing the actions 
required by this AD since it contains the clarifications described by 
the commenters.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed SASB 777-78-0101, R2. The service information describes 
procedures for installing serviceable left and right T/R halves on the 
left and right engines. 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.

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
----------------------------------------------------------------------------------------------------------------
Install serviceable T/R halves.  Up to 91 work-hours x   Up to $7,338.....  Up to $15,073 per  Up to $829,015.
                                  $85 per hour = $7,735.                     airplane.
----------------------------------------------------------------------------------------------------------------

    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

[[Page 12400]]

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):

2017-05-07 The Boeing Company Amendment 39-18817; Docket No. FAA-
2016-4225; Directorate Identifier 2015-NM-139-AD.

(a) Effective Date

    This AD is effective April 7, 2017.

(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 Rolls-
Royce Model Trent 800 engines.

(d) Subject

    Air Transport Association (ATA) of America Code 78, Engine 
Exhaust.

(e) Unsafe Condition

    This AD was prompted by reports of damage to the upper 
bifurcation forward fire seal and seal deflector, and localized 
damage to the insulation blanket installed just aft of the fire 
seal. We are issuing this AD to prevent a breach in the engine 
firewall due to a failed upper bifurcation forward fire seal. A 
breach could delay or prevent the fire detection and suppression 
system from functioning properly, and could result in an increased 
risk of a fire, prolonged burning, and breach of the fire zone; and 
could allow fire to reach unprotected areas of the engine, the 
strut, and wing after engine shutdown. Also, fan air bypassing the 
fire seal could cause localized damage to the thrust reverser (T/R) 
insulation blanket installed just aft of the fire seal, which could 
allow limited thermal degradation of the T/R inner wall. This could 
aggravate existing damage and cause the T/R's inner wall to fail.

(f) Compliance

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

(g) Installation of Serviceable T/R Halves on Each Engine

    Within 60 months after the effective date of this AD: Install 
serviceable left and right T/R halves on the left and right engines, 
in accordance with the Accomplishment Instructions of Boeing Special 
Attention Service Bulletin 777-78-0101, Revision 2, dated July 22, 
2016 (``SASB 777-78-0101, R2''). A serviceable T/R half is defined 
in the Accomplishment Instructions of SASB 777-78-0101, R2.

(h) Credit for Previous Action

    This paragraph provides credit for the action required by 
paragraph (g) of this AD if it was accomplished before the effective 
date of this AD using Boeing Special Attention Service Bulletin 777-
78-0101, Revision 1, dated October 30, 2015.

(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 paragraph (j)(1) 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, modification, or alteration 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. 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.
    (4) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(i)(4)(i) and (i)(4)(ii) apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or sub-step is labeled ``RC Exempt,'' then 
the RC requirement is removed from that step or sub-step. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(j) Related Information

    (1) For more information about this AD, contact Kevin Nguyen, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle ACO, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6501; 
fax: 425-917-6590; email: kevin.nguyen@faa.gov.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (k)(4) of this AD.

(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 777-78-0101, 
Revision 2, dated July 22, 2016.
    (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, 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.

[[Page 12401]]

    Issued in Renton, Washington, on February 17, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-03968 Filed 3-2-17; 8:45 am]
 BILLING CODE 4910-13-P
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