[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Rules and Regulations]
[Pages 36055-36058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12818]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1020; Project Identifier AD-2021-00864-T; 
Amendment 39-22055; AD 2022-11-05]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 777 airplanes. This AD was prompted by 
a report of the loss of the nuts at all four fastener locations common 
to the outboard flap inboard support rear spar attachment fittings, 
which affects the retention feature of the fasteners and leaves the 
fasteners susceptible to migrating out of the joint. This AD requires 
repetitive detailed inspections for discrepancies of the fasteners and 
shim of the wing rear spar at certain outboard flap supports; a 
detailed inspection for damage of the shim, flap support mechanism, and 
wing lower skin; installation of new fasteners and shims; and repair or 
replacement of damaged parts. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective July 20, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 20, 
2022.

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 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. It is also available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-1020.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No.

[[Page 36056]]

FAA-2021-1020; 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 address for Docket Operations is 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: Luis Cortez, Aerospace Engineer, 
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: (206) 231-3958; email: <a href="/cdn-cgi/l/email-protection#08447d617b2649264b677a7c6d7225457d666172486e6969266f677e"><span class="__cf_email__" data-cfemail="a0ecd5c9d38ee18ee3cfd2d4c5da8dedd5cec9dae0c6c1c18ec7cfd6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain The Boeing 
Company Model 777 airplanes. The NPRM published in the Federal Register 
on December 28, 2021 (86 FR 73706). The NPRM was prompted by a report 
of the loss of the nuts at all four fastener locations common to the 
outboard flap inboard support rear spar attachment fittings, which 
affects the retention feature of the fasteners and leaves the fasteners 
susceptible to migrating out of the joint. In the NPRM, the FAA 
proposed to require repetitive detailed inspections for discrepancies 
of the fasteners and shim of the wing rear spar at certain outboard 
flap supports; a detailed inspection for damage of the shim, flap 
support mechanism, and wing lower skin; installation of new fasteners 
and shims; and repair or replacement of damaged parts. The FAA is 
issuing this AD to address the resulting inability of the outboard flap 
support to sustain limit load, and potential loss of the outboard flap. 
Loss of the fastener retention feature in the rear spar attachment may 
lead to a severed joint at the forward attachment point, leading to 
separation of the support fitting, which could cause damage and 
consequent reduced controllability and reduced structural integrity of 
the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association, 
International (ALPA), Boeing, and an individual, who supported the NPRM 
without change.
    The FAA received additional comments from three commenters, 
including Air France, United Airlines (UAL), and FedEx. The following 
presents the comments received on the NPRM and the FAA's response to 
each comment.

Request To Extend Compliance Time

    Air France asked that the FAA change the threshold and interval for 
the inspections to match a heavy maintenance visit, or keep the current 
repeat intervals but change the scheduling rule to use ``whichever 
occurs later'' for the specified compliance time. Air France stated 
that Boeing has identified the root cause to be a significant cyclical 
compression load that leads to the loss of fastener clamp up, so the 
issue seems to be related more to flight cycles than flight length. Air 
France added that with the 777 fleet used mostly for long-haul 
operations, its airplanes will quickly reach the flight-hour threshold. 
Air France noted that in the referenced service information, replacing 
damaged parts specifies installation of new fasteners and shims common 
to all four outboard flap support locations at the same time, which 
will impact maintenance and could delay the aircraft's return to 
service.
    The FAA does not agree with the commenter's request to extend the 
compliance time threshold and interval for the inspections. The FAA 
determined that the compliance time, as proposed, represents the 
maximum interval of time allowable for the affected airplanes to 
continue to safely operate before the initial and repetitive 
inspections and on-condition actions are done. If the inspection 
interval were based on maintenance schedules, which vary among 
operators, there would be no assurance that the airplane would be 
inspected and repaired during that maximum interval. In addition, in 
developing an appropriate compliance time, the FAA coordinated with the 
manufacturer to provide a compliance time with an acceptable level of 
safety. However, under the provisions of paragraph (i) of this AD, the 
FAA will consider requests for approval of an extension of the 
compliance time, if sufficient data are submitted to substantiate that 
the change would provide an acceptable level of safety. The FAA has not 
changed this AD in this regard.

Request To Allow Alternate Terminating Actions

    Air France asked that the FAA provide separate terminating action 
for the left-hand wing (outboard flap support number 1 and 2) and the 
right-hand wing (outboard flap support number 7 and 8). Air France 
asserted that depending on the inspection results, terminating action 
can be accomplished or scheduled during two different maintenance 
opportunities: (1) when a defect is found on outboard flap support 
number 1, the modification should be completed as corrective action at 
position numbers 1 and 2 only; and (2) when no defect is found on 
outboard flap support numbers 7 and 8, the terminating action can be 
postponed and performed before the mandated threshold. Air France added 
that if a defect is found, the referenced service information specifies 
to modify all four outboard flap support locations at the same time, 
which will have an impact on maintenance and could delay the aircraft's 
return to service.
    FedEx asked that the proposed AD mandate the terminating action 
only for flap support locations with findings. FedEx stated that Boeing 
Alert Requirements Bulletin 777-57A0123 RB, dated July 8, 2021, 
specifies accomplishment of the terminating action at all four flap 
support locations even if there are inspection findings at only one 
location.
    The FAA does not agree with the commenters' requests to allow 
alternative terminating actions. The FAA coordinated with the 
manufacturer regarding the corrective action, and determined that the 
terminating action for the inspection findings as specified in the 
proposed AD provides the necessary level of safety. Under the 
provisions of paragraph (i) of this AD, however, the FAA will consider 
requests for approval of alternative terminating action, if sufficient 
data are submitted to substantiate that the change would provide an 
acceptable level of safety. The FAA has not changed this AD in this 
regard.

Request To Include Changes in Information Notice

    FedEx and UAL asked that the proposed AD allow for loosening of the 
two bolts on the adjacent flap support mechanism beam, as specified in 
the proposed changes in Boeing Service Bulletin Information Notice 777-
57A0123 IN 01, dated September 14, 2021, to ensure better 
accomplishment of the required inspection and provide further access to 
clean and inspect the flap support. FedEx stated that based on 
experience with modifying 777F airplanes, the changes will ensure that 
the safety objectives of the service information are met. FedEx noted 
that approved data published in the B777 Structural Repair Manual 
contains this proposed language.
    The FAA does not agree with the commenters' requests. The changes

[[Page 36057]]

proposed in the referenced information notice have not been approved by 
the FAA. However, under the provisions of paragraph (i) of this AD, the 
FAA will consider requests for approval of the revised service 
information with the information notice incorporated, if sufficient 
data are submitted to substantiate that the change would provide an 
acceptable level of safety. The FAA has not changed this AD in this 
regard.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety requires adopting this AD as 
proposed. Except for minor editorial changes, this AD is adopted as 
proposed in the NPRM. None of the changes will increase the economic 
burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 777-57A0123 RB, 
dated July 8, 2021. This service information specifies procedures for 
repetitive detailed inspections for discrepancies (missing nuts, loose 
nuts, thread protrusion, shim migration, and gapping between the shim 
and wing lower skin or between the shim and flap support fitting) of 
the fasteners and shim of the wing rear spar at outboard flap support 
numbers 1, 2, 7, and 8; a detailed inspection for damage of the shim, 
flap support mechanism, and wing lower skin; installation of new 
fasteners and shims; and repair or replacement of damaged parts. 
Installation of the new fasteners and shim would eliminate the need for 
the repetitive inspections. 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 
ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 280 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                  Labor cost        Parts cost        Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Detailed inspections...........  39 work-hours x                 $0  $3,315..................  $928,200 per
                                  $85 per hour =                                                inspection
                                  $3,315.                                                       cycle.
Inspection for damage,           Up to 37 work-               1,920  Up to $5,065............  Up to $1,418,200.
 installation of fasteners/       hours x $85 per
 shim, replacement of damaged     hour = Up to
 parts.                           $3,145.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs specified in this AD.

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

List of Subjects in 14 CFR Part 39

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

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:

2022-11-05 The Boeing Company: Amendment 39-22055; Docket No. FAA-
2021-1020; Project Identifier AD-2021-00864-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 20, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 777-200, -200LR, -
300, -300ER, and 777F series airplanes, certificated in any 
category, as identified in Boeing Alert Requirements Bulletin 777-
57A0123 RB, dated July 8, 2021.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of the loss of the nuts at all 
four fastener locations common to the outboard flap inboard support 
rear spar attachment fittings, which affects the retention feature 
of the fasteners and leaves the fasteners susceptible to migrating 
out of the joint. The FAA is issuing this AD to address the 
resulting inability of the outboard flap support to sustain limit 
load, and potential loss of the outboard flap. Loss of the fastener 
retention feature in the rear spar attachment may lead to a severed 
joint at the forward attachment point, leading to separation of the 
support fitting, which could cause damage and consequent reduced 
controllability and reduced structural integrity of the airplane.

[[Page 36058]]

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Alert Requirements Bulletin 777-57A0123 RB, dated July 8, 2021, do 
all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
777-57A0123 RB, dated July 8, 2021.
    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
777-57A0123, dated July 8, 2021, which is referred to in Boeing 
Alert Requirements Bulletin 777-57A0123 RB, dated July 8, 2021.

(h) Exceptions to Service Information Specifications

    (1) Where the Compliance Time columns of the tables in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 777-
57A0123 RB, dated July 8, 2021, use the phrase ``the original issue 
date of Requirements Bulletin 777-57A0123 RB,'' this AD requires 
using the effective date of this AD.
    (2) Where Boeing Alert Requirements Bulletin 777-57A0123 RB, 
dated July 8, 2021, specifies contacting Boeing for repair 
instructions: This AD requires doing the repair using a method 
approved in accordance with the procedures specified in paragraph 
(i) of this AD.

(i) 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 paragraph (j) of this AD. Information may be emailed 
to: <a href="/cdn-cgi/l/email-protection#3f06127e7172126c5a5e4b4b535a127e7c70127e72707c126d5a4e4a5a4c4b4c7f595e5e11585049"><span class="__cf_email__" data-cfemail="82bbafc3cccfafd1e7e3f6f6eee7afc3c1cdafc3cfcdc1afd0e7f3f7e7f1f6f1c2e4e3e3ace5edf4">[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.

(j) Related Information

    For more information about this AD, contact Luis Cortez, 
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: (206) 231-
3958; email: <a href="/cdn-cgi/l/email-protection#1c5069756f325d325f736e6879663151697275665c7a7d7d327b736a"><span class="__cf_email__" data-cfemail="7e320b170d503f503d110c0a1b0453330b1017043e181f1f50191108">[email protected]</span></a>.

(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 Alert Requirements Bulletin 777-57A0123 RB, dated 
July 8, 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, <a href="/cdn-cgi/l/email-protection#c5a3b7ebacabb6b5a0a6b1acaaab85aba4b7a4eba2aab3"><span class="__cf_email__" data-cfemail="e98f9bc780879a998c8a9d808687a987889b88c78e869f">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 16, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-12818 Filed 6-14-22; 8:45 am]
BILLING CODE 4910-13-P


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