[Federal Register Volume 64, Number 125 (Wednesday, June 30, 1999)]
[Rules and Regulations]
[Pages 34979-34980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16324]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-243-AD; Amendment 39-11214; AD 99-14-05]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 777-200 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Boeing Model 777-200 series airplanes, that 
requires inspections to verify correct installation of certain 
fasteners located on the trailing edges of the horizontal and vertical 
stabilizer; replacement of the existing fasteners with new fasteners 
installed with wet sealant; and follow-on actions, if necessary. This 
amendment is prompted by reports indicating that, during manufacture of 
the horizontal and vertical stabilizers, certain fasteners attaching 
the aluminum ribs and brackets to the trailing edges on the empennage 
were not correctly installed with wet sealant. The actions specified by 
this AD are intended to prevent corrosion and possible cracking of 
those aluminum parts, which could result in loss of the attachment of 
the elevator and rudder to the empennage and consequent reduced 
controllability of the airplane.

DATES: Effective August 4, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 4, 1999.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, Rules 
Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Stan Wood, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Transport Airplane Directorate, Seattle 
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 227-2772; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Boeing Model 777-200 
series airplanes was published in the Federal Register on October 14, 
1998 (63 FR 55065). That action proposed to require inspections to 
verify correct installation of certain fasteners located on the 
trailing edges of the horizontal and vertical stabilizer; replacement 
of the existing fasteners with new fasteners installed with wet 
sealant; and follow-on actions, if necessary.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    One commenter supports the proposed rule; another commenter 
indicates that it is not affected by the proposed rule.

Request To Extend Compliance Time

    One commenter (an operator) requests that the FAA extend the 
proposed compliance time for accomplishment of the actions from five 
years to six years since the date of manufacture of the airplane. The 
commenter indicates that its airplanes were delivered in February and 
March 1996, which would require the inspections to be accomplished 
within 2.2 years. In support of the request for extension, if approved 
by the FAA, the commenter states that it will immediately apply 
corrosion inhibiting compound to the area, inspect the fastener holes 
for corrosion after oversizing, and remove any detected corrosion.
    The FAA does not concur with the commenter's request and proposal. 
If the fasteners were not correctly installed with wet sealant in 
production, the application of corrosion inhibiting compound prior to 
further flight would have limited effectiveness for corrosion 
prevention. In light of the fact that there is continued degradation of 
the structure due to corrosion, the FAA has determined that a one year 
extension is not warranted. No change to the final rule is necessary in 
this regard.

Request To Revise Cost Impact Information

    One commenter requests that the cost impact information for 
accomplishment of the inspections of the horizontal and vertical 
stabilizer as stated in the proposed rule be revised to reflect the 
work hours and associated costs specified in the service bulletin. The 
commenter also states that the work hours and cost for replacement of 
any incorrectly installed fasteners, in addition to the cost for the 
fastener repair kit, should be included in the economic analysis.
    The FAA does not concur that a change to the cost impact 
information is necessary. The inspections of the horizontal and 
vertical stabilizer that the commenter refers to are inspections that 
must be accomplished to detect incorrect installation of any fasteners. 
The cost impact information, restated below, describes only the 
``direct'' costs of the specific actions required by this AD. The 
number of work hours represents the time necessary to perform only the 
inspections actually required by this AD. The FAA recognizes that, in 
accomplishing the requirements of any AD, operators may incur 
``incidental'' costs in addition to the ``direct'' costs. The cost 
analysis in AD rulemaking actions, however, typically does not include 
incidental costs, such as the time required to gain access and close 
up; planning time; or time necessitated by other administrative 
actions.
    In addition, the economic analysis of the AD is limited to the cost 
of actions actually required by the rule. It does not consider the 
costs of ``on condition'' actions such as replacement of an incorrectly 
installed fastener if one is detected during a required inspection 
(``replace, if necessary''). Such ``on-condition'' replacement would be 
required to be accomplished regardless of AD direction, in order to 
correct an unsafe condition identified in an airplane and to ensure 
operation of that airplane in an airworthy condition, as required by 
the Federal Aviation Regulations.

[[Page 34980]]

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

Cost Impact

    There are approximately 18 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 2 airplanes of U.S. registry 
will be affected by this AD.
    It will take approximately 331 work hours per airplane to 
accomplish the required inspection of the horizontal stabilizer, at an 
average labor rate of $60 per work hour. Based on these figures, the 
cost impact of this inspection, as required by this AD, on U.S. 
operators is estimated to be $39,720, or $19,860 per airplane.
    It will take approximately 206 work hours per airplane to 
accomplish the required inspection of the vertical stabilizer, at an 
average labor rate of $60 per work hour. Based on these figures, the 
cost impact of this inspection, as required by this AD, on U.S. 
operators is estimated to be $24,720, or $12,360 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a 
significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

99-14-05 Boeing: Amendment 39-11214. Docket 98-NM-243-AD.

    Applicability: Model 777-200 series airplanes, line numbers 15 
through 33, excluding line number 18; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent corrosion and possible cracking of the aluminum ribs 
and brackets of the trailing edges on the empennage, which could 
result in loss of the attachment of the elevator and rudder to the 
empennage and consequent reduced controllability of the airplane, 
accomplish the following:
    (a) Within five years since the date of manufacture of the 
airplane, perform visual inspections of the specified number of 
fasteners installed in each zone on the aluminum ribs and brackets 
located on the trailing edges of the horizontal and vertical 
stabilizer to verify correct installation of fasteners with wet 
sealant, in accordance with Boeing Alert Service Bulletin 777-
55A0005, Revision 1, dated June 4, 1998. Following the inspection, 
oversize the holes for all removed fasteners, apply primer, and 
install new, oversize fasteners with wet sealant, in accordance with 
the alert service bulletin.
    (1) If the fasteners are correctly installed with wet sealant, 
no further action is required for that zone.
    (2) If the fasteners are not correctly installed with wet 
sealant in any zone, remove the remaining fasteners in that zone, 
oversize the holes, apply primer, and install new, oversize 
fasteners with wet sealant, in accordance with the alert service 
bulletin.
    (3) If it cannot be determined that the fasteners are correctly 
installed with wet sealant, remove and inspect the specified number 
of additional fasteners in that zone, oversize the holes, apply 
primer, and install new, oversize fasteners with wet sealant, in 
accordance with the alert service bulletin.
    (i) If, after removal, all additional fasteners inspected in 
that zone are found to be correctly installed with wet sealant, no 
further action is required for that zone.
    (ii) If, after removal, the fasteners in that zone are found to 
be incorrectly installed, remove all other fasteners in the zone, 
oversize the holes, apply primer, and install new, oversize 
fasteners with wet sealant, in accordance with the alert service 
bulletin.

Alternative Methods of Compliance

    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Seattle ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (d) The actions shall be done in accordance with Boeing Alert 
Service Bulletin 777-55A0005, Revision 1, dated June 4, 1998. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Boeing Commercial Airplane Group, 
P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (e) This amendment becomes effective on August 4, 1999.

    Issued in Renton, Washington, on June 22, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-16324 Filed 6-29-99; 8:45 am]
BILLING CODE 4910-13-U