[Federal Register Volume 68, Number 243 (Thursday, December 18, 2003)]
[Rules and Regulations]
[Pages 70432-70434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31061]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-295-AD; Amendment 39-13385; AD 2003-25-02]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 777-200 and 777-300 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 and 777-300 series 
airplanes, that requires application of high-temperature sealant in 
designated areas of the strut aft dry bay. The actions specified by 
this AD are intended to prevent leakage of hydraulic fluid into the 
strut aft dry bay, where high temperatures associated with the adjacent 
primary exhaust nozzle may ignite the fluid, resulting in an 
uncontrolled fire in the strut aft dry bay. This action is intended to 
address the identified unsafe condition.

DATES: Effective January 22, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 22, 2004.

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: John Vann, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone 
(425) 917-6513; fax (425) 917-6590.

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 777-200 and 777-300 
series airplanes was published in the Federal Register on November 18, 
2002 (67 FR 69493). That action proposed to require application of 
high-temperature sealant to the strut aft dry bay.

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.

Add Inspection To Determine Whether Sealant Was Applied During 
Production

    Several commenters stated that, in some of the airplanes on the 
effectivity list of Boeing Alert Service Bulletin 777-54A0016, dated 
January 25, 2001, (referenced in the proposed rule as the appropriate 
service bulletin), high-temperature sealant had been applied to the 
strut aft dry bay at the factory during production with no signs of 
damage or leakage. According to these commenters, The Boeing Company 
confirmed that not all the airplanes on the effectivity list were 
delivered with sealant missing from the designated areas of the strut 
aft dry bay. The commenters request, therefore, that the AD (1) add an 
inspection of those areas to determine whether sealant had been applied 
during production, and (2) require application of sealant only if had 
not been applied.
    The FAA concurs with the commenters' request. We requested and 
subsequently approved a revision to the Boeing service bulletin. 
Service Bulletin 777-54A0016, Revision 1, dated July 10, 2003, adds an 
inspection for high-temperature sealant in the designated areas of the 
strut aft bay. If it is found

[[Page 70433]]

that sealant has been properly applied at each of the designated areas 
during production, no further action is required. If it is found that 
sealant is missing or damaged at any of the designated areas, it must 
be applied. Paragraphs (b)(1) and (b)(2) have been added to this AD to 
specify the appropriate action.

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. In adding paragraphs (b)(1) and (b)(2) to this AD, we 
considered whether they would increase the economic burden on any 
operator or increase the scope of the AD. Our conclusion is that, if 
paragraph (b)(1) applies, it will be relieving; if paragraph (b)(2) 
applies, it will be neutral in its effect. Therefore, there is no need 
to provide additional opportunity for public comment.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Cost Impact

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.
    There are approximately 298 Model 777-200 and 777-300 series 
airplanes of the affected design in the worldwide fleet. The FAA 
estimates that 95 airplanes of U.S. registry will be affected by this 
AD, that it will take approximately 4 work hours per airplane to 
accomplish the required actions, and that the average labor rate is $65 
per work hour. Required parts will cost approximately $20 per airplane. 
Based on these figures, the cost impact of the AD on U.S. operators is 
estimated to be $26,600, or $280 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. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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

0
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

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

2003-25-02 Boeing: Amendment 39-13385. Docket 2001-NM-295-AD.

    Applicability: Model 777-200 and 777-300 series airplanes having 
line numbers 2 through 297 inclusive, 299, and 300; certificated in 
any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent leakage of hydraulic fluid into the strut aft dry 
bay, where high temperatures associated with the adjacent primary 
exhaust nozzle may ignite the fluid, resulting in an uncontrolled 
fire in the strut aft dry bay; accomplish the following:

Application of Sealant

    (a) Within 1,000 flight hours after the effective date of this 
AD: Except as provided in paragraph (b) of this AD, apply high-
temperature sealant to designated areas in the strut aft dry bay, in 
accordance with the Accomplishment Instruction of Boeing Alert 
Service Bulletin 777-54A0016, dated January 25, 2001; or with 
Revision 1, dated July 10, 2003.
    (b)(1) If, upon opening the strut aft fairing forward access 
panels in accordance with the Accomplishment Instruction of Boeing 
Alert Service Bulletin 777-54A0016, dated January 25, 2001; or with 
Revision 1, dated July 10, 2003; it is observed that high-
temperature sealant has already been properly applied to each of the 
designated areas in the strut aft dry bay, no further action is 
required.
    (2) If, upon opening the strut aft fairing forward access panels 
in accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 777-54A0016, dated January 25, 2001; or with 
Revision 1, dated July 10, 2003; it is observed that high-
temperature sealant has been improperly applied to any of the 
designated areas in the strut aft dry bays, re-apply the sealant in 
each such area in accordance with either of the service bulletins.

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. 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 1: 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 777-54A0016, dated January 25, 2001; or Boeing 
Service Bulletin 777-54A0016, Revision 1, dated July 10, 2003. This 
incorporation by reference was approved by the Director of the

[[Page 70434]]

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.

Effective Date

    (f) This amendment becomes effective on January 22, 2004.

    Issued in Renton, Washington, on December 5, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-31061 Filed 12-17-03; 8:45 am]
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