[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Rules and Regulations]
[Pages 22185-22189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08346]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0497; Directorate Identifier 2011-NM-140-AD;
Amendment 39-17415; AD 2013-07-11]
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 superseding an existing airworthiness directive (AD)
for certain The Boeing Company Model 777-200, -200LR, -300, and -300ER
series airplanes. That AD currently requires inspecting for scribe
lines in the skin along lap joints, butt joints, certain external
doublers, and the large cargo door hinges, and doing related
investigative and corrective actions if necessary. This new AD adds an
inspection for scribe lines where external decals have been applied or
removed across lap joints, large cargo door hinges, and external
doublers, and related investigative and corrective actions if
necessary. This AD was prompted by a determination that scribe lines
could occur where external decals are installed or removed across lap
joints, large cargo door hinges, or external doublers. We are issuing
this AD to detect and correct scribe lines, which can develop into
fatigue cracks in the skin. Undetected fatigue cracks can grow and
cause sudden decompression of the airplane.
DATES: This AD is effective May 20, 2013.
The Director of the Federal Register approved the incorporation by
reference
[[Page 22186]]
of a certain publication listed in the AD as of May 20, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
January 4, 2010 (74 FR 62217, November 27, 2009).
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; phone: 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.
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: Melanie Violette, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6422; fax: 425-917-6590; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2009-24-08, Amendment 39-16096 (74 FR 62217,
November 27, 2009). That AD applies to the specified products. The NPRM
published in the Federal Register on May 31, 2012 (77 FR 32057). That
NPRM proposed to continue to require inspecting for scribe lines in the
skin along lap joints, butt joints, certain external doublers, and the
large cargo door hinges, and doing related investigative and corrective
actions if necessary. Additionally, that NPRM proposed to add an
inspection for scribe lines where external decals have been applied or
removed across lap joints, large cargo door hinges, and external
doublers, 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 32057, May 31, 2012) and the FAA's response to each comment.
Requests To Change Compliance Time
American Airlines (AAL), British Airways, Boeing, and Emirates
Airlines requested that we change paragraph (l) of the NPRM (77 FR
32057, May 31, 2012) to specify accomplishing the decal inspection at
the compliance time described in Boeing Service Bulletin 777-53A0054,
Revision 1, dated November 4, 2010, rather than the proposed ``within
24 months after the effective date of this AD.'' The commenters stated
that the initial compliance time in Boeing Service Bulletin 777-
53A0054, Revision 1, dated November 4, 2010, for the scribe line
inspection is significantly later.
We agree to change the compliance time for the reason the
commenters stated. We have changed the compliance time in paragraph (l)
of this AD to specify that the decal inspection must be done within 24
months after the effective date of this AD, or at the applicable time
specified in Boeing Service Bulletin 777-53A0054, Revision 1, dated
November 4, 2010, for the scribe line inspection, whichever is later.
We have also added a provision to paragraph (l) of this AD indicating
that a review of airplane maintenance records is acceptable in lieu of
the decal inspection if a record of all decal activities (installation
or removal locations) can be conclusively determined from that review.
Request To Add Certain Exceptions
AAL requested that we revise the NPRM (77 FR 32057, May 31, 2012)
to state that the inspections described in Boeing Service Bulletin 777-
53A0054, Revision 1, dated November 4, 2010, are necessary only in
``those areas that have been previously repaired and then the repair
has been stripped and repainted.'' AAL asserted that the inspection
exceptions described in NOTES 1. through 5. in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 777-53A0054, dated
August 7, 2008, apply to paragraph (g) of the NPRM, and that these
notes state ``For each repair, if the operator can show that the
airplane has never been stripped or repainted since the repair has been
installed, then the repair inspections for that specific repair are not
required.''
We partially agree with the commenter's request. Note 1 to
paragraph (g) of the NPRM (77 FR 32057, May 31, 2012) already allows
such an exception, which is stated in NOTE 5 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 777-53A0054, dated
August 7, 2008. We have changed paragraph (g) in the NPRM to paragraph
(g)(1) in this AD and have also changed Note 1 to paragraph (g) of the
NPRM to paragraph (g)(2) in this AD. Since we have revised paragraph
(g)(1) of this AD to reference Revision 1 of Boeing Service Bulletin
777-53A0054, dated November 4, 2010, as an appropriate source of
service information, we have revised paragraph (g)(2) of this AD to
state that the inspection exceptions described in NOTES 1. through 6.
in paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 777-
53A0054, Revision 1, dated November 4, 2010, apply to paragraph (g)(1)
of this AD.
Request To Exclude Service Bulletin Step
AAL requested that we exclude the service information step of
putting the airplane back in a serviceable condition, because that step
does not affect the unsafe condition that the NPRM (77 FR 32057, May
31, 2012) seeks to address. Additionally, AAL explained that most
operators will accomplish these inspections as part of a heavy
maintenance visit, and returning the airplane to a serviceable
condition will not be possible in the context of that statement, but
will rather occur at a point in time well after these inspections are
complete.
We agree with the request to state that the phrase ``Put the
airplane back to serviceable condition,'' which is referenced in the
service information specified in this final rule, is not mandated by
this final rule. Other regulations require restoring the airplane to
serviceable condition before further flight. Therefore, we have added
exception phrasing in paragraphs (g)(1), (l), and (m) of this AD; and
added new paragraph (n)(3) in this final rule.
Request To Use Alternative Measurement Tools
AAL requested that we revise the NPRM (77 FR 32057, May 31, 2012)
to include the use of alternative equivalent measurement tools, rather
than the specialized tools described in Boeing Service Bulletin 777-
53A0054, Revision 1, dated November 4, 2010.
We disagree with the commenter's request. To achieve an acceptable
level
[[Page 22187]]
of safety for the inspections required by this AD, several specialized
tools were employed. The commenter did not provide any alternative
tool(s) for our consideration or any standard on how it might be
determined that a tool might be equivalent to a tool specified in
Boeing Service Bulletin 777-53A0054, Revision 1, dated November 4,
2010. Under the provisions of paragraph (q) of this AD, however, we
will consider requests for approval of an alternative method of
compliance (AMOC) if sufficient data are submitted to substantiate that
the proposed alternative measurement tool is equivalent to a
measurement tool specified in Boeing Service Bulletin 777-53A0054,
Revision 1, dated November 4, 2010. We have not changed this AD in this
regard.
Request To Change Compliance Time Wording
AAL requested that we change the compliance time wording in Boeing
Service Bulletin 777-53A0054, Revision 1, dated November 4, 2010, from
``after the original issue date `on' this service bulletin,'' to
``after the original issue date `of' this service bulletin.''
We disagree with the request to require Boeing to change the
wording in Boeing Service Bulletin 777-53A0054, Revision 1, dated
November 4, 2010. We do not consider delaying this AD action to address
the identified unsafe condition necessary for this minor wording
change. We have not changed this AD in this regard.
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--and minor editorial
changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (77 FR 32057, May 31, 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 32057, May 31, 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 163 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Parts
Action Labor cost cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Exploratory inspection Up to 1,234 work-hours $0 Up to $104,890.... Up to $17,097,070
[retained action from AD x $85 per hour =
2009[dash]24[dash]08, $104,890.
Amendment 39[dash]16096 (74 FR
62217, November 27, 2009)].
Inspection for decals [new Up to 4 work-hours x 0 Up to $340........ Up to $55,420
action]. $85 per hour = $340.
----------------------------------------------------------------------------------------------------------------
We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions 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.
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 have determined that 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 removing airworthiness directive (AD)
2009-24-08, Amendment 39-16096 (74 FR 62217, November 27, 2009), and
adding the following new AD:
2013-07-11 The Boeing Company: Amendment 39-17415; Docket No. FAA-
2012-0497; Directorate Identifier 2011-NM-140-AD.
(a) Effective Date
This airworthiness directive (AD) is effective May 20, 2013.
(b) Affected ADs
This AD supersedes AD 2009-24-08, Amendment 39-16096 (74 FR
62217, November 27, 2009).
(c) Applicability
This AD applies to The Boeing Company Model 777-200, -200LR, -
300, and -300ER series airplanes; certificated in any category; as
identified in Boeing Service Bulletin 777-53A0054, Revision 1, dated
November 4, 2010.
[[Page 22188]]
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a determination that scribe lines could
occur where external decals are installed or removed across lap
joints, large cargo door hinges, or external doublers. We are
issuing this AD to detect and correct scribe lines which can develop
into fatigue cracks in the skin. Undetected fatigue cracks can grow
and cause sudden decompression of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Inspection
This paragraph restates the requirements of paragraph (g) of AD
2009-24-08, Amendment 39-16096 (74 FR 62217, November 27, 2009),
with new service information and a new exception.
(1) At the applicable times specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 777-53A0054, dated
August 7, 2008, except as provided in paragraphs (h) and (j) of this
AD: Do detailed exploratory inspections for scribe lines in the skin
along lap joints, butt joints, certain external doublers, and the
large cargo door hinges, except as specified in paragraph (n)(3) of
this AD. Do all applicable related investigative and corrective
actions at the times specified in Boeing Alert Service Bulletin 777-
53A0054, dated August 7, 2008, by accomplishing all actions
specified in the Accomplishment Instructions of Boeing Alert Service
Bulletin 777-53A0054, dated August 7, 2008; or Boeing Service
Bulletin 777-53A0054, Revision 1, dated November 4, 2010; except as
specified in paragraphs (i) and (n)(3) of this AD. As of the
effective date of this AD, use only Boeing Service Bulletin 777-
53A0054, Revision 1, dated November 4, 2010, to do the actions
required by this paragraph.
(2) The inspection exceptions described in NOTES 1.- 5. in
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
777-53A0054, dated August 7, 2008; and NOTES 1. through 6. in
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 777-
53A0054, Revision 1, dated November 4, 2010; apply to paragraph
(g)(1) of this AD.
(h) Retained Exception to Service Bulletin Compliance Time
This paragraph restates the requirements of paragraph (h) of AD
2009-24-08, Amendment 39-16096 (74 FR 62217, November 27, 2009).
Where Boeing Alert Service Bulletin 777-53A0054, dated August 7,
2008, specifies a compliance time after the date on that service
bulletin, paragraph (g) of this AD requires compliance within the
specified compliance time after January 4, 2010 (the effective date
of AD 2009-24-08).
(i) Retained Exception to Service Bulletin Contact Information
This paragraph restates the requirements of paragraph (i) of AD
2009-24-08, Amendment 39-16096 (74 FR 62217, November 27, 2009),
with new service information. Where Boeing Alert Service Bulletin
777-53A0054, dated August 7, 2008; and Boeing Service Bulletin 777-
53A0054, Revision 1, dated November 4, 2010; specify to contact
Boeing for appropriate action, accomplish applicable actions using a
method approved in accordance with the procedures specified in
paragraph (q) of this AD.
(j) Retained Exception to Service Bulletin Inspection Instructions
This paragraph restates the requirements of paragraph (j) of AD
2009-24-08, Amendment 39-16096 (74 FR 62217, November 27, 2009).
Where paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 777-53A0054, dated August 7, 2008, specifies to ``contact
Boeing for inspection requirements for operation beyond 60,000 total
flight-cycles after first repaint,'' for those airplanes, this AD
requires contacting the Manager, Seattle Aircraft Certification
Office (ACO), for all inspection requirements of this AD and for
doing the requirements.
(k) Retained Reporting
This paragraph restates the requirements of paragraph (k) of AD
2009-24-08, Amendment 39-16096 (74 FR 62217, November 27, 2009). At
the applicable time specified in paragraph (k)(1) or (k)(2) of this
AD: Submit a report of positive findings of cracks found during the
inspection required by paragraphs (g) and (m) of this AD to the
Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington
98124-2207. Alternatively, operators may submit reports to their
Boeing field service representatives. The report must contain, at a
minimum, the inspection results, a description of any discrepancies
found, the airplane serial number, and the number of flight cycles
and flight hours on the airplane.
(1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.
(l) New Inspection for External Decals
Within 24 months after the effective date of this AD; or at the
applicable time specified for inspection of external doubler, lap
joint, or large cargo door hinge locations in Tables 1 through 6 of
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 777-
53A0054, Revision 1, dated November 4, 2010; whichever is later:
Inspect to determine the locations where external decals have been
applied or removed across affected lap joints, large cargo door
hinges, and external doublers, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 777-53A0054, Revision 1,
dated November 4, 2010, except as specified in paragraph (n)(3) of
this AD. A review of airplane maintenance records is acceptable in
lieu of this inspection if a record of all decal activities
(installation or removal locations) can be conclusively determined
from that review.
(m) New Inspection for Scribe Lines and Related Investigative and
Corrective Actions
If, during the inspection required by paragraph (l) of this AD,
any location is found where external decals have been applied or
removed across lap joints, large cargo door hinges, or external
doublers: Before further flight, do a detailed exploratory
inspection for scribe lines at all affected locations, in accordance
with the Accomplishment Instructions of Boeing Service Bulletin 777-
53A0054, Revision 1, dated November 4, 2010, except as specified in
paragraph (n)(3) of this AD. Do all applicable related investigative
and corrective actions at the times specified in Boeing Service
Bulletin 777-53A0054, Revision 1, dated November 4, 2010, by
accomplishing all actions specified in the Accomplishment
Instructions of Boeing Service Bulletin 777-53A0054, Revision 1,
dated November 4, 2010, except as provided by paragraphs (i) and
(n)(3) of this AD.
(n) Exceptions to Service Information
(1) Where Boeing Service Bulletin 777-53A0054, Revision 1, dated
November 4, 2010, specifies a compliance time after the date on that
service bulletin, paragraphs (l) and (m) of this AD require
compliance within the specified compliance time after the effective
date of this AD.
(2) Where paragraph 1.E., ``Compliance,'' of Boeing Service
Bulletin 777-53A0054, Revision 1, dated November 4, 2010, specifies
to ``contact Boeing for inspection requirements for operation beyond
60,000 total flight-cycles after first repaint,'' for those
airplanes, this AD requires contacting the Manager, Seattle ACO, for
all inspection requirements of this AD and for doing the
requirements.
(3) Where Boeing Service Bulletin 777-53A0054, Revision 1, dated
November 4, 2010, specifies to ``Put the airplane back to a
serviceable condition,'' this AD does not require that action.
(o) Credit for Previous Actions
This paragraph provides credit for the actions required by
paragraph (m) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin 777-
53A0054, dated August 7, 2008.
(p) Paperwork Reduction Act Burden Statement
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the
[[Page 22189]]
burden should be directed to the FAA at: 800 Independence Ave. SW.,
Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.
(q) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle 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: [email protected].
(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.
(4) AMOCs approved for AD 2009-24-08, Amendment 39-16096 (74 FR
62217, November 27, 2009), are approved as AMOCs for the
corresponding provisions of this AD, except that AMOCs approved for
AD 2009-24-08 are not approved for fuselage areas where any decals
may have been installed or removed on airplanes that have never been
stripped or repainted since they left the factory.
(r) Related Information
For more information about this AD, contact Melanie Violette,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6422; fax: 425-917-6590; email:
[email protected].
(s) 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.
(3) The following service information was approved for IBR on
May 20, 2013.
(i) Boeing Service Bulletin 777-53A0054, Revision 1, dated
November 4, 2010.
(ii) Reserved.
(4) The following service information was approved for IBR on
January 4, 2010 (74 FR 62217, November 27, 2009).
(i) Boeing Alert Service Bulletin 777-53A0054, dated August 7,
2008.
(ii) Reserved.
(5) For Boeing 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; phone:
206-544-5000, extension 1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com.
(6) 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.
(7) 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 March 29, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-08346 Filed 4-12-13; 8:45 am]
BILLING CODE 4910-13-P