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[Federal Register: June 18, 2010 (Volume 75, Number 117)]
[Proposed Rules]               
[Page 34663-34666]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn10-20]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27042; Directorate Identifier 2006-NM-225-AD]
RIN 2120-AA64

 
Airworthiness Directives; The Boeing Company Model 777-200, -300, 
and -300ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain Model 777-200, -300, and -300ER series airplanes. The 
original NPRM would have required installing Teflon sleeving under the 
clamps of certain wire bundles routed along the fuel tank boundary 
structure, and cap sealing certain penetrating fasteners of the main 
and center fuel tanks. The original NPRM resulted from fuel system 
reviews conducted by the manufacturer. This action revises the original 
NPRM by adding airplanes and adding and removing certain requirements. 
We are proposing this supplemental NPRM to prevent electrical arcing on 
the fuel tank boundary structure or inside the fuel tanks, which could 
result in a fire or explosion.

DATES: We must receive comments on this supplemental NPRM by July 13, 
2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed 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. You may review copies of the 
referenced 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.

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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Margaret Langsted, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6500; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
27042; Directorate Identifier 2006-NM-225-AD'' at the beginning of your 
comments. We specifically invite

[[Page 34664]]

comments on the overall regulatory, economic, environmental, and energy 
aspects of this proposed AD. We will consider all comments received by 
the closing date and may amend this proposed AD because of those 
comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We issued a notice of proposed rulemaking (NPRM) (the ``original 
NPRM'') to amend 14 CFR part 39 to include an airworthiness directive 
(AD) that would apply to certain Boeing Model 777-200, -300, and -300ER 
series airplanes. That original NPRM was published in the Federal 
Register on January 29, 2007 (72 FR 3956). That original NPRM proposed 
to require installing Teflon sleeving under the clamps of the wire 
bundles routed along the fuel tank boundary structure, and cap sealing 
certain penetrating fasteners of the main and center fuel tanks.

Actions Since Original NPRM Was Issued

    Since we issued the original NPRM, we have reviewed Boeing Alert 
Service Bulletin 777-57A0059, dated October 30, 2008 (released after 
issuance of the original NPRM), which describes procedures for cap 
sealing certain fasteners in the center fuel tanks that were not sealed 
during production. We have changed Table 1 of the supplemental NPRM to 
refer to Boeing Alert Service Bulletin 777-57A0059, dated October 30, 
2008, as the appropriate source of service information for certain 
actions.
    The original NPRM referred to Boeing Alert Service Bulletin 777-
57A0050, dated January 26, 2006, as the appropriate source of service 
information for installing Teflon sleeving under the clamps of the 
power feeder wire bundles routed along certain fuel tank boundary 
structure and for cap sealing selected fasteners of the main and center 
fuel tanks. We have reviewed Boeing Service Bulletin 777-57A0050, 
Revision 2, dated May 14, 2009. Additional work is necessary for 
airplanes on which the original issue or Revision 1, dated August 2, 
2007, of the service bulletin was done. The additional work includes 
the following actions, depending on airplane configuration:
     Installing additional Teflon sleeving.
     Cap sealing additional fasteners.
    We have changed Table 1 of this supplemental NPRM to include Boeing 
Service Bulletin 777-57A0050, Revision 2, dated May 14, 2009, as the 
appropriate source of service information to use for accomplishing 
certain actions. We have also added a new paragraph (h) to this AD to 
give credit for actions done in accordance with Boeing Alert Service 
Bulletin 777-57A0050, dated January 26, 2006; or Revision 1, dated 
August 2, 2007; provided that the additional work specified in Boeing 
Service Bulletin 777-57A0050, Revision 2, dated May 14, 2009, is also 
done.
    We have also reviewed Boeing Alert Service Bulletin 777-57A0057, 
Revision 1, dated August 2, 2007. The original NPRM referred to Boeing 
Alert Service Bulletin 777-57A0057, dated August 7, 2006, as the 
appropriate source of service information for cap sealing certain 
fasteners in the center fuel tanks that were not sealed during 
production. Revision 1 removes unnecessary work instructions because 
Work Packages 2 and 3 were completed prior to airplane delivery (for 
all affected airplanes). Revision 1 adds a general visual inspection to 
determine if certain fasteners are cap sealed and applying the cap seal 
to the fasteners that are not sealed. We have changed Table 1 of this 
supplemental NPRM to include Boeing Alert Service Bulletin 777-57A0057, 
Revision 1, dated August 2, 2007, as the appropriate source of service 
information to use for accomplishing certain actions. We have revised 
paragraph (g) of this supplemental NPRM (paragraph (f) of the original 
NPRM) to include the inspection and corrective action. We have also 
added a new paragraph (i) to this supplemental NPRM to give credit for 
actions done in accordance with Boeing Alert Service Bulletin 777-
57A0057, dated August 7, 2006.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the commenters.

Request To Clarify Certain Language in Summary Section and Paragraph 
(g)

    Boeing asks that we clarify certain language in the Summary section 
and paragraph (f) of the original NPRM to read ``. . . Teflon sleeving 
under the clamps of certain wire bundles routed along the fuel tank 
boundary structure.'' Boeing states that the current language includes 
the phrase ``the wire bundles,'' which could lead operators to believe 
that all wire bundles will need sleeving, not just the wire bundles 
called out in the referenced service information.
    We agree that the subject language should be clarified. We have 
changed the Summary section and paragraph (g) of this supplemental NPRM 
accordingly.

Request To Clarify Applicability

    Boeing asks that the applicability specified in Table 1 of the 
original NPRM be clarified by noting that Boeing Alert Service Bulletin 
777-57A0051, dated May 15, 2006, does not apply to Model 777-300ER 
airplanes. Boeing states that the language in paragraph (c) of the 
original NPRM, which precedes Table 1, implies that all three service 
bulletins specified in the table apply to Model 777-300ER airplanes.
    We agree with the commenter for the reason provided; we have 
changed Table 1 of this supplemental NPRM, for clarification, to 
include the applicable airplane models in relation to the service 
information.

Request To Add Maintenance Information

    Continental Airlines (CAL) asks that we add maintenance information 
to the original NPRM. CAL states that outside of the original NPRM, it 
is concerned that not enough attention is being given to ensure the 
changes in the referenced service information are preserved for the 
long-term operation of the Model 777 airplane fleet. CAL notes that the 
original NPRM mandates a one-time change to implement the protection 
against ignition sources on affected airplanes; subsequent airplanes, 
including new deliveries entering service, already have the requirement 
incorporated in production. CAL states that, other than the referenced 
service information and some generic information in the Model 777 
planning data, there is no published ``maintenance'' document currently 
available to show each specific requirement as detailed in the 
referenced service information. CAL adds that information detailed by 
the service information must be made available in manuals that are 
routinely used by maintenance personnel. CAL notes that Boeing is 
reviewing different options for routine maintenance.
    We appreciate CALs concern and agree that the long-term operation 
of the Model 777 airplane fleet should be maintained. At the time the 
service information referenced by this supplemental NPRM was reviewed, 
the Instructions for Continued Airworthiness (ICAs) should have been 
updated to reflect and maintain the configuration in the supplemental 
NPRM throughout the life of each

[[Page 34665]]

modified airplane. We did not recognize this deficiency at the time the 
service information was issued. However, Boeing is developing a 
revision to the ICAs that should be available to operators in the fall 
of 2010 for the required modifications. Operators will be notified when 
the revision is available. We may consider additional rulemaking when 
revised ICAs are issued to mandate their incorporation. We have not 
changed the supplemental NPRM in this regard.

Request To Extend the Compliance Time

    The Air Transport Association (ATA) on behalf of its member Delta 
Air Lines Inc. (Delta) asks that we consider reviewing the compliance 
time to better align with industry standard tank entry intervals. Delta 
notes that the modifications will require entry into the main and 
center fuel tanks; the main fuel tanks are opened at 8-year intervals; 
and the center tank is opened at 4-year intervals. Delta states that 
the 60-month compliance time to accomplish corrective action will be 
acceptable for work required in the center tank, but will force main 
tank entry earlier than normally scheduled maintenance.
    We disagree with extending the proposed compliance time. The 
commenters did not provide any technical information to substantiate 
the assertion that extending the compliance time would not affect 
flight safety. In developing an appropriate compliance time, we 
considered the safety implications, parts availability, and normal 
maintenance schedules for timely accomplishment of the modification. 
Further, we arrived at the proposed compliance time with consideration 
of operator and manufacturer input. In consideration of these factors, 
we determined that the compliance time, as proposed, represents an 
appropriate interval in which the modification can be done in a timely 
manner within the fleet, while still maintaining an adequate level of 
safety. However, under the provisions of paragraph (j)(1) of this AD, 
we will consider requests for an adjustment to the compliance time if 
data are submitted to substantiate that such an adjustment would 
provide an acceptable level of safety. We have not changed the 
supplemental NPRM in this regard.

Explanation of Changes to This Supplemental NPRM

    We have changed this supplemental NPRM to identify the legal name 
of the manufacturer as published in the most recent type certificate 
data sheet for the affected airplane models.
    Boeing Commercial Airplanes has received an Organization 
Designation Authorization (ODA), which replaces the previous 
designation as a Delegation Option Authorization (DOA) holder. We have 
revised paragraph (j)(3) of this AD to add delegation of authority to 
Boeing Commercial Airplanes ODA to approve an alternative method of 
compliance for any repair required by this AD.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    We are proposing this supplemental NPRM because we evaluated all 
pertinent information and determined an unsafe condition exists and is 
likely to exist or develop on other products of the same type design. 
Certain changes described above expand the scope of the original NPRM. 
As a result, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for the public to 
comment on this supplemental NPRM.

Explanation of Change to Costs of Compliance

    Since issuance of the original NPRM, we have increased the labor 
rate used in the Costs of Compliance from $80 per work hour to $85 per 
work hour. The Costs of Compliance information, below, reflects this 
increase in the specified hourly labor rate.

Costs of Compliance

    There are about 694 airplanes of the affected design in the 
worldwide fleet. This proposed AD would affect about 129 airplanes of 
U.S. registry. We also estimate that it would take between 278 and 358 
work-hours per product to comply with the basic requirements of this 
proposed AD. Required parts would cost about $2,241 per product. The 
average labor rate is $85 per work-hour. Based on these figures, we 
estimate the cost of these proposed actions to the U.S. operators to be 
between $3,337,359 and $4,214,559, or $25,871 and $32,671 per product, 
depending on airplane configuration.
    Currently, there are no affected Group 3 airplanes on the U.S. 
Register. However, if a Group 3 airplane is imported and placed on the 
U.S. Register in the future, the required actions would take about 480 
work hours, at an average labor rate of $85 per work hour. Required 
parts would cost about $2,241 per product. Based on these figures, we 
estimate the cost of this proposed AD for Group 3 airplanes to be 
$43,041 per airplane.

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

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866,
    2. Is not a ``significant rule'' under the 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

[[Page 34666]]

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

The Boeing Company: Docket No. FAA-2007-27042; Directorate 
Identifier 2006-NM-225-AD.

Comments Due Date

    (a) We must receive comments by July 13, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the applicable The Boeing Company 
airplanes; certificated in any category; as identified in the 
service information specified in Table 1 of this AD.

                      Table 1--Service Information
------------------------------------------------------------------------
            For Model--                 Boeing service information--
------------------------------------------------------------------------
777-200, -300, and -300ER           Service Bulletin 777-57A0050,
 airplanes.                          Revision 2, dated May 14, 2009.
777-200 and -300 airplanes........  Alert Service Bulletin 777-57A0051,
                                     dated May 15, 2006.
777-200, -300, and -300ER           Alert Service Bulletin 777-57A0057,
 airplanes.                          Revision 1, dated August 2, 2007.
777-200, -300, and -300ER           Boeing Alert Service Bulletin 777-
 airplanes.                          57A0059, dated October 30, 2008.
------------------------------------------------------------------------

    Note 1: Although Boeing Alert Service Bulletin 777-57A0050, 
Revision 2, refers to ``Model 777-200ER'' airplanes, this is a 
European designation that does not apply to airplanes of U.S. 
registry. Therefore, the applicability of this AD will not specify 
Model 777-200ER airplanes. However, U.S. operators should consider 
any reference to Model 777-200ER airplanes in Boeing Alert Service 
Bulletin 777-57A0050, Revision 2, as applicable to Model 777-200 
airplanes as designated by the type certificate data sheet.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from fuel system reviews conducted by the 
manufacturer. The Federal Aviation Administration is issuing this AD 
to prevent electrical arcing on the fuel tank boundary structure or 
inside the main and center fuel tanks, which could result in a fire 
or explosion.

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.

Corrective Actions (Installing Teflon Sleeving, Cap Sealing, One-Time 
Inspection)

    (g) Within 60 months after the effective date of this AD, do the 
applicable actions specified in paragraph (g)(1), (g)(2), (g)(3), or 
(g)(4) of this AD.
    (1) For airplanes identified in Boeing Service Bulletin 777-
57A0050, Revision 2, dated May 14, 2009: Install Teflon sleeving 
under the clamps of certain wire bundles routed along the fuel tank 
boundary structure and cap seal certain penetrating fasteners of the 
fuel tanks, in accordance with the Accomplishment Instructions of 
Boeing Service Bulletin 777-57A0050, Revision 2, dated May 14, 2009.
    (2) For airplanes identified in Boeing Alert Service Bulletin 
777-57A0051, dated May 15, 2006: Cap seal certain penetrating 
fasteners of the fuel tanks, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 777-57A0051, dated May 
15, 2006.
    (3) For airplanes identified in Boeing Alert Service Bulletin 
777-57A0057, Revision 1, dated August 2, 2007: Do a general visual 
inspection to determine if certain fasteners are cap sealed and do 
all applicable corrective actions, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 777-
57A0057, Revision 1, dated August 2, 2007. Do all applicable 
corrective actions before further flight.
    (4) For airplanes identified in Boeing Alert Service Bulletin 
777-57A0059, dated October 30, 2008: Cap seal the fasteners in the 
center fuel tanks that were not sealed during production, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 777-57A0059, dated October 30, 2008.

Credit for Actions Done Using Previous Issues of the Service Bulletins

    (h) Actions done before the effective date of this AD in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 777-57A0050, dated January 26, 2006; or Revision 1, 
dated August 2, 2007; are acceptable for compliance with the 
corresponding actions required by paragraph (g)(1) of this AD, 
provided that the applicable additional work specified in Boeing 
Service Bulletin 777-57A0050, Revision 2, dated May 14, 2009, is 
done within the compliance time specified in paragraph (g) of this 
AD. The additional work must be done in accordance with Boeing 
Service Bulletin 777-57A0050, Revision 2, dated May 14, 2009.
    (i) Actions done before the effective date of this AD in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 777-57A0057, dated August 7, 2006, are acceptable 
for compliance with the actions required by paragraph (g)(3) of this 
AD.

Alternative Methods of Compliance (AMOCs)

    (j)(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: Margaret Langsted, Aerospace Engineer, Propulsion Branch, ANM-
140S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 917-6500; fax (425) 917-6590. Or, e-mail 
information 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, 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.
    (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.

    Issued in Renton, Washington, on June 10, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-14792 Filed 6-17-10; 8:45 am]
BILLING CODE 4910-13-P
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