[Federal Register Volume 69, Number 115 (Wednesday, June 16, 2004)]
[Proposed Rules]
[Pages 33595-33597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13561]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-214-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 777-200 and -300 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Boeing Model 777-200 and -
300 series airplanes. This proposal would require modification of the 
bolt holes of the lower side of the body splice t-chord common to the 
paddle fitting of the lower wing panel. The modification includes 
performing a high frequency eddy current inspection of the fastener 
hole for cracks, repairing the hole if necessary, and replacing the 
fasteners with new inconel bolts. This action is necessary to prevent 
fatigue cracks in the lower t-chord at the bolt holes common to the 
paddle fittings that could result in fractures of one or more of the t-
chord segments, which could lead to detachment of the lower wing panel 
and consequent loss of the wing. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by August 2, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-214-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain

[[Page 33596]]

``Docket No. 2003-NM-214-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Gary Oltman, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6443; fax (425) 917-6590

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss 
a request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the 
proposed AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.

Comments are specifically invited on the overall regulatory, economic, 
environmental, and energy aspects of the proposed rule. All comments 
submitted will be available, both before and after the closing date for 
comments, in the Rules Docket for examination by interested persons. A 
report summarizing each FAA-public contact concerned with the substance 
of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2003-NM-214-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2003-NM-214-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that, during full scale 
fatigue testing of a Boeing Model 777 series airplane, fatigue cracks 
were found in the lower side of the body splice t-chord common to the 
paddle fitting bolt holes. Fatigue cracks were found on both sides of 
the airplane between stringers 1 and 14. This condition, if not 
prevented, could result in fractures of one or more of the t-chord 
segments, which could lead to detachment of the lower wing panel and 
consequent loss of the wing.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Service Bulletin 777-
57A0040, Revision 1, dated July 10, 2003, which describes procedures 
for performing repetitive ultrasonic and high frequency eddy current 
(HFEC) inspections of the t-chord for cracks, and modification of the 
lower paddle fitting fasteners. The modification includes performing a 
high frequency eddy current inspection of the fastener hole for cracks, 
repairing the hole if necessary, and replacing the fasteners with new 
inconel bolts. The service bulletin also specifies contacting the 
manufacturer for certain repair conditions. Accomplishment of the 
modification ends the repetitive inspections.
    Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed rule would require accomplishment of the actions specified in 
the service bulletin described previously, except as discussed below.

Differences Between Proposed Rule and Service Bulletin

    Operators should note that the service bulletin specifies doing 
repetitive ultrasonic and HFEC inspections until the modification is 
accomplished. However, this proposal only specifies performing the 
modification of the bolt holes of the lower side of the body splice t-
chord common to the paddle fitting of the lower wing panel (includes 
replacing the fasteners with new inconel bolts, performing an HFEC 
inspection of the fastener hole for cracks, and repairing the hole as 
applicable). We can better ensure long-term continued operational 
safety by modifications or design changes to remove the source of the 
problem, rather than by repetitive inspections. Long-term inspections 
may not provide the degree of safety necessary for the transport 
airplane fleet. This, coupled with a better understanding of the human 
factors associated with numerous repetitive inspections, has led us to 
consider placing less emphasis on special procedures and more emphasis 
on design improvements. We also considered that the work hours needed 
to do the inspections in Part 1 of the service bulletin are comparable 
to the work hours needed to do the modification in Part 2 of the 
service bulletin. We were informed that most likely the inspections 
would be skipped and only the modification would be accomplished. In 
consideration of all of these factors, we determined that performing 
the modification best addresses the unsafe condition, while still 
maintaining an adequate level of safety.
    Operators should also note that, although the service bulletin 
specifies that the manufacturer may be contacted for additional 
instructions for repair of certain cracks, this proposal would require 
the repair to be accomplished per a method approved by the FAA, or per 
data meeting the type certification basis of the airplane approved by a 
Boeing Company Designated Engineering Representative who has been 
authorized by the FAA to make such findings.

Cost Impact

    There are approximately 262 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 73 airplanes of U.S. registry 
would be affected by this proposed rule, that it would take 
approximately 34 work hours per airplane to accomplish the proposed 
modification, and that the average labor rate is $65 per work hour. 
Required parts would cost between approximately $21,686 and $24,803 per 
airplane. Based on these figures, the cost impact of the proposed rule 
on U.S. operators is estimated to be between $1,744,408 and $1,971, 
949, or between $23,896 and $27,013 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no

[[Page 33597]]

operator has yet accomplished any of the proposed requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this proposed 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 proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Boeing: Docket 2003-NM-214-AD.
    Applicability: Model 777-200 and -300 series airplanes, as 
listed in Boeing Service Bulletin 777-57A0040, Revision 1, dated 
July 10, 2003; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue cracks in the lower t-chord at the bolt holes 
common to the paddle fittings that could result in fractures of one 
or more of the t-chord segments, which could lead to detachment of 
the lower wing panel and consequent loss of the wing, accomplish the 
following:

Modification of the Lower Paddle Fitting Bolt Holes/Fastener 
Replacement

    (a) At the later of the times specified in paragraphs (a)(1) and 
(a)(2) of this AD, modify the bolt holes of the lower side of the 
body splice t-chord common to the paddle fitting of the lower wing 
panel (includes performing a high frequency eddy current inspection 
of the fastener hole for cracks, repairing the hole if necessary, 
and replacing the fasteners with new inconel bolts) by accomplishing 
all of the actions specified in ``Part 2--Preventative 
Modification'' of the Work Instructions of Boeing Service Bulletin 
777-57A0040, Revision 1, dated July 10, 2003, except as provided by 
paragraph (b) of this AD. Any applicable repair must be accomplished 
before further flight.
    (1) Prior to the accumulation of 20,000 total flight cycles or 
60,000 total flight hours, whichever is first.
    (2) Within 1,500 days or 8,000 flight cycles after the effective 
date of this AD, whichever is first.
    (b) If any crack is found during the modification required by 
paragraph (a) of this AD, the service bulletin specifies to contact 
Boeing for additional instructions: Before further flight, repair 
per a method approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA; or per data meeting the type certification basis 
of the airplane approved by a Boeing Company Designated Engineering 
Representative who has been authorized by the Manager, Seattle ACO, 
to make such findings. For a repair method to be approved, the 
approval must specifically reference this AD.

Alternative Methods of Compliance

    (c) In accordance with 14 CFR 39.19, the Manager, Seattle ACO, 
is authorized to approve alternative methods of compliance for this 
AD.

    Issued in Renton, Washington, on June 7, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-13561 Filed 6-15-04; 8:45 am]
BILLING CODE 4910-13-U