[Federal Register Volume 65, Number 10 (Friday, January 14, 2000)]
[Rules and Regulations]
[Pages 2289-2291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-878]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-58-AD; Amendment 39-11512; AD 2000-01-14]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 777 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 series airplanes, that requires 
the replacement of fuse pins in the attachment fittings and support 
fittings of the main landing gear with new, improved fuse pins. This 
amendment is prompted by a report of corrosion of a

[[Page 2290]]

fuse pin of a similar design on the main landing gear of a Boeing Model 
767 series airplane. The actions specified by this AD are intended to 
prevent corrosion and subsequent fracture of the fuse pins, which could 
result in collapse of the main landing gear and the loss of the inboard 
flap and spoilers.

DATES: Effective February 18, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 18, 2000.

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 Boeing Model 777 series airplanes 
was published in the Federal Register on August 20, 1999 (64 FR 45476). 
That action proposed to require the replacement of fuse pins in the 
attachment fittings and support fittings of the main landing gear with 
new, improved fuse pins.

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.

Request To Correct Error in Statement of Unsafe Condition

    One commenter states that the unsafe condition, as stated in the 
notice of proposed rulemaking (NPRM), is incorrect, and requests that 
it be corrected. The NPRM states that fracture of the fuse pins could 
result in collapse of the main landing gear and the loss of the inboard 
flap and outboard spoilers. The commenter states that the inboard 
spoilers, not the outboard, could be lost. The FAA concurs with the 
commenter's request and its rationale and has revised this final rule 
accordingly.

Request To Reference New Service Information

    One commenter requests that the NPRM be revised to reference Boeing 
Service Bulletin 777-57A0029, Revision 1, dated August 12, 1999, as the 
source of service information for the accomplishment of the actions 
required by this AD. (The NPRM references Boeing Alert Service Bulletin 
777-57A0029, dated December 22, 1998, as the appropriate source of 
service information.)
     The FAA concurs with the commenter's request. Since the issuance 
of the NPRM, the FAA has reviewed and approved Boeing Service Bulletin 
777-57A0029, Revision 1. The FAA has determined that Revision 1 of the 
service bulletin adds no new requirements, but provides clarification 
of some instructions, which will assist operators in accomplishing the 
requirements of this AD. Therefore, the FAA has revised paragraph (a) 
of the final rule to reference Boeing Service Bulletin 777-57A0029, 
Revision 1, in addition to the original issue of Boeing Alert Service 
Bulletin 777-57A0029, as appropriate sources of service information.
    In addition, the FAA finds that Revision 1 of the service bulletin 
eliminates one airplane from the effectivity listing. (The intent of 
the service bulletin was accomplished on that airplane during 
production.) Therefore, the applicability of this final rule has been 
revised to state that this AD is applicable to airplanes listed in 
Boeing Service Bulletin 777-57A0029, Revision 1, rather than airplanes 
listed in the original issue of Boeing Alert Service Bulletin 777-
57A0029 (as proposed in the NPRM). The FAA finds that this revision 
does not necessitate reopening the comment period, because it is 
relieving in nature (the change reduces the applicability of this AD by 
one airplane). Also, one airplane has been subtracted from the number 
of affected airplanes in the worldwide fleet, as stated in the cost 
impact section of the preamble of this final rule.

Request To Revise Compliance Time

    One commenter requests that the FAA revise the compliance threshold 
of this AD from 48 months since date of manufacture to 1,500 days since 
the delivery date of the airplane. The commenter states that 1,500 days 
would better align with operators' scheduled maintenance intervals. The 
commenter also states that ``'date of manufacture' is ill-defined.''
    The FAA does not concur with the commenter's requests. The FAA 
finds that there is no technical justification for changing the 
threshold from 48 months to 1,500 days, as the commenter requests. In 
developing an appropriate compliance time for this AD, the FAA 
considered not only the manufacturer's recommendation in the service 
bulletin, but the degree of urgency associated with addressing the 
subject unsafe condition. The FAA finds a compliance time of 48 months 
since date of manufacture or 18 months after the effective date of the 
AD, whichever occurs later, for initiating the required actions to be 
warranted, in that it represents an appropriate interval of time 
allowable for affected airplanes to continue to operate without 
compromising safety. In addition, the FAA points out that the 
compliance time proposed in the NPRM is essentially the same as that 
recommended by the manufacturer in the service bulletin (48 months 
after delivery or 18 months after receipt of the service bulletin, 
whichever is later). With regard to referring to the delivery date of 
the airplane, rather than the date of manufacture, the FAA finds that 
there is no technical justification for such a change. The FAA refers 
to ``date of manufacture'' rather than ``delivery date'' of an airplane 
because the airplane may not be ``delivered'' until long after it is 
manufactured. Also, the date of manufacture can be readily discovered 
through the serial number of the airplane. No change to the final rule 
is necessary in this regard.

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 with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 162 Model 777 series airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 34 
airplanes of U.S. registry will be affected by this AD, that it will 
take between 5 and 39 work hours per airplane to accomplish the 
required actions, and that the average labor rate is $60 per work hour. 
Required parts will cost between $3,090 and $8,710 per airplane. Based 
on these figures, the cost impact of the AD on U.S. operators is 
estimated to be

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between $3,390 and $11,050 per airplane.
    The cost impact figure discussed above is 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:

2000-01-14 Boeing: Amendment 39-11512. Docket 99-NM-58-AD.

    Applicability: Model 777 series airplanes, as listed in Boeing 
Service Bulletin 777-57A0029, Revision 1, dated August 12, 1999; 
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 (c) 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 subsequent fracture of the fuse pins in 
the main landing gear attachment and support fittings, which could 
result in collapse of the main landing gear and the loss of the 
inboard flap and spoilers, accomplish the following:

Replacement

    (a) Within 48 months since date of manufacture, or 18 months 
after the effective date of this AD, whichever occurs later, replace 
the main landing gear fuse pins with new, improved fuse pins in 
accordance with Boeing Alert Service Bulletin 777-57A0029, dated 
December 22, 1998; or Boeing Service Bulletin 777-57A0029, Revision 
1, dated August 12, 1999.

Spares

    (b) As of the effective date of this AD, no person shall install 
a main landing gear fuse pin having part number 112W1728-1, 
112W1728-3, or 115W1670-1 on any airplane.

Alternative Methods of Compliance

    (c) 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

    (d) 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

    (e) The actions shall be done in accordance with Boeing Alert 
Service Bulletin 777-57A0029, dated December 22, 1998; or Boeing 
Service Bulletin 777-57A0029, Revision 1, dated August 12, 1999. 
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.
    (f) This amendment becomes effective on February 18, 2000.

    Issued in Renton, Washington, on January 7, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-878 Filed 1-13-00; 8:45 am]
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