[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Rules and Regulations]
[Pages 16101-16104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6110]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19525; Directorate Identifier 2004-NM-18-AD; 
Amendment 39-14026; AD 2005-07-02]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Boeing Model 777-200 and -300 series airplanes. This AD requires 
inspection of the outer cylinder of the main landing gear (MLG) to 
determine the serial number; an ultrasonic inspection of the outer 
cylinder of the MLG for cracks if necessary; and applicable specified 
and corrective actions if necessary. This AD is prompted by reports 
indicating that two outer cylinders were found fractured in the weld 
area. We are issuing this AD to detect and correct cracks or defects 
that could result in a fracture of the outer cylinder of the MLG, which 
could lead to collapse of the MLG during landing.

DATES: This AD becomes effective May 4, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of May 4, 
2005.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, 
Washington, DC. This docket number is FAA-2004-19525; the directorate 
identifier for this docket is 2004-NM-18-AD.

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: The FAA proposed to amend 14 CFR Part 39 
with an AD for all Boeing Model 777-200, -200ER, and -300 series 
airplanes. That action, published in the Federal Register on November 
4, 2004 (69 FR 64263), proposed to require inspection of the outer 
cylinder of the main landing gear (MLG) to determine the serial number; 
an ultrasonic inspection of the outer cylinder of the MLG for cracks if 
necessary; and applicable specified and corrective actions if 
necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the proposed AD.

Request for Alternate Inspection or Extension of Compliance Time

    One commenter asks that an ``on-aircraft'' inspection be allowed as 
an alternate means of accomplishing the inspection for cracking of the 
main landing gear (MLG) in order to avoid unnecessary removal and 
disassembly of the MLG. Additionally, the removal and disassembly costs 
would be saved if an on-wing (on-aircraft) inspection were available. 
The commenter also asks that, if an ``on-aircraft'' inspection is not 
possible, the compliance time for accomplishing the inspection of the 
outer cylinder of the MLG be extended until removal of the MLG can be 
done at a normal maintenance time for overhaul. The commenter states 
that it has airplanes that have been in-service for 4 years without any 
problems, and notes that the cracking of the MLG was found before it 
was installed on the airplane. The FAA would allow 6 years for 
compliance, as specified in the proposed AD. The commenter adds that 
the manufacturer states that 6 years is the time allowed for overhaul, 
but the overhaul limit is actually 10 years.
    We do not agree with the commenter's request for an ``on-aircraft'' 
inspection in place of the inspection of the outer cylinder of the MLG. 
There are no procedures for accomplishing an ``on-aircraft'' inspection 
specified in the referenced service information. Nor do we agree to 
extend the compliance time for accomplishing the inspection of the 
outer cylinder of the MLG until the removal of the MLG can be done at a 
normal maintenance time for overhaul. In developing an appropriate 
compliance time for this action, we considered the recommendation of 
the manufacturer, the urgency associated with the subject unsafe 
condition, and the practical aspect of accomplishing the required 
inspection within a period of time that corresponds to normal scheduled 
maintenance for most affected operators. The compliance time specified 
in this final rule represents an acceptable interval of time wherein 
affected airplanes may be allowed to operate without jeopardizing 
safety. In addition, no technical justification was provided to 
substantiate this request. Paragraph (k)(1) of this AD provides 
affected operators the opportunity to apply for an alternative method 
of compliance (AMOC) and to present data to justify the adjustment of 
the compliance time. We have made no change to the final rule in this 
regard.

Request for Part Number or Serial Number Identification on Affected 
Parts

    One commenter asks that part number (P/N) or serial number (S/N) 
re-identification be done after accomplishing the required inspection. 
The commenter states that the referenced service bulletin does not 
require P/N or S/N re-identification of affected parts after 
accomplishing the inspection: the procedures only specify engraving the 
service bulletin number on the part. The commenter adds that the outer 
cylinder of the MLG is a life-limited part that must be tracked for the 
life of the part; therefore, P/N or S/N re-identification is necessary 
to track incorporation of the referenced service bulletin and the 
proposed AD. The

[[Page 16102]]

commenter notes that life-limited parts are tracked for the life of the 
part, and operators must know on which airplanes the S/N identified in 
the referenced service bulletin is installed.
    We do not agree with the commenter. The referenced service bulletin 
specifies vibro-engraving or electro-chemically etching the service 
bulletin number next to the existing P/N on the outer cylinder 
assembly. We have determined that this action sufficiently 
differentiates between pre- and post-modification of the part and 
allows tracking for the life of the part. We have made no change to the 
final rule in this regard.

Requests To Change Applicability or Allow Alternate Method for 
Confirming the Serial Numbers

    One commenter asks that the applicability specified in the proposed 
AD be changed to an appliance AD, which would be applicable only to 
airplanes with parts having the P/N and S/N identified in the 
referenced service bulletin, not all Model 777-200, -200ER, and -300 
series airplanes. The commenter does not provide a reason for this 
request.
    We do not agree with the commenter. Our general policy, when an 
unsafe condition results from an appliance or other item that is, or 
could be, installed on multiple airplane models, is that the AD is 
issued so that it is applicable to those airplane models, rather than 
to the item. The reason for this is simple: Making the AD applicable to 
the airplane models on which the appliance or other item is installed 
ensures that operators of those airplanes will be notified directly of 
the unsafe condition and the action required to correct it. While it is 
assumed that an operator will know the models of airplanes that it 
operates, there is a potential that the operator will not know or be 
aware of specific items that are installed on its airplanes. Therefore, 
calling out the airplane model as the subject of the AD prevents 
``unknowing non-compliance'' on the part of the operator. We have made 
no change to the final rule in this regard.
    Another commenter asks that the applicability specified in the 
proposed AD be changed to match the effectivity identified in the 
referenced service bulletin, which applies to Model 777-200 series 
airplanes only. If the applicability is not changed, the commenter asks 
that an alternate method of confirming the S/N of the outer cylinder of 
the MLG be allowed. The commenter notes that one method is using 
digital records provided by the manufacturer. The commenter does not 
provide a reason for this request.
    We partially agree with the commenter. We agree to change the 
applicability specified in the proposed AD somewhat. As specified in 
the ``Differences'' section of the proposed AD, Model 777-300 series 
airplanes are included in the applicability since we determined that, 
because of the potential for the affected outer cylinders to be 
installed on Model 777-300 series airplanes, the proposed actions must 
be done on those airplanes. As discussed below in ``Explanation of 
Changes to Proposed AD,'' we inadvertently included Model 777-200ER 
series airplanes; we have removed that model from the applicability 
specified in this final rule.
    We agree to allow the use of digital records provided by the 
manufacturer for confirming the serial number of the outer cylinder of 
the MLG, provided that precise tracking of which outer cylinder serial 
number is on which airplane since delivery can be determined from the 
airplane maintenance records. The final rule already provides for this 
by the maintenance records review specified in paragraph (h) of this 
AD. We have made no change to the final rule in this regard.

Request for Preliminary Inspection

    One commenter asks that the requirements specified in paragraph 
(h)(2) of the proposed AD be changed to allow for a preliminary 
inspection of serial numbers to determine which airplanes are affected 
by the proposed AD. The commenter also asks to be allowed to accomplish 
any necessary inspections and corrective action at a later time, as 
long as those actions are accomplished within the compliance time 
required by paragraph (g) of the proposed AD. The commenter states that 
paragraph (h)(2) of the proposed AD specifies that if any serial number 
identified in the referenced service bulletin is installed, the 
ultrasonic inspection must be accomplished before further flight, in 
addition to accomplishing all applicable specified actions and any 
corrective action.
    We agree that a preliminary inspection to determine the serial 
numbers of affected airplanes may be accomplished before accomplishing 
the requirements specified in paragraph (h)(2) of this AD. Operators 
are always permitted to perform actions earlier than the compliance 
time specified in an AD. In this case, it is at the operator's 
discretion to accomplish a preliminary inspection of the serial numbers 
to determine which airplanes are affected by the AD at any time before 
the required compliance time, if that time more closely fits the 
operator's maintenance schedule. We also agree that the inspection for 
cracking and any applicable specified actions, as required by paragraph 
(h)(2), may be accomplished at a later time as long as the inspection 
for cracking is done within the compliance time required by paragraph 
(g) of this AD. Paragraph (h)(2) of this AD has been changed 
accordingly.
    We do not agree that any applicable corrective action resulting 
from inspection findings may be accomplished at a later time; the 
corrective action must always be accomplished before further flight 
after accomplishing the required inspection to maintain safety of 
flight. We have made no change to the final rule in this regard.

Explanation of Changes to Proposed AD

    The applicability in the proposed AD addresses ``All Boeing Model 
777-200, -200ER, and -300 series airplanes.'' We inadvertently included 
Model 777-200ER series airplanes, which are not specified on the type 
certificate data sheet and are encompassed within the Model 777-200 
series. Our intent is that the AD apply to all Model 777-200 and -300 
series airplanes; therefore, we have changed the applicability in this 
final rule accordingly.
    Boeing has received a Delegation Option Authorization (DOA). We 
have revised this final rule to delegate the authority to approve an 
AMOC for any repair required by this AD to the Authorized 
Representative for the Boeing DOA Organization rather than the 
Designated Engineering Representative.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. These changes will neither increase the economic burden on 
any operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 463 Model 777 series airplanes worldwide. The 
following table provides the estimated costs for U.S. operators to 
comply with this AD.

[[Page 16103]]



                                                                     Estimated Costs
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                                                           Average                                           Number of U.S.-
              Action                    Work hours        labor rate       Parts       Cost per airplane        registered             Fleet cost
                                                           per hour                                             airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part Number Inspection...........  1 to 229 (depending           $65  None..........  $65 to $14,885.....  133................  $8,645 to $1,979,705
                                    on which inspection
                                    method is used).
Ultrasonic Inspection (if          6...................          $65  None..........  $390 per outer       unknown, but there   $10,140
 necessary).                                                                           cylinder, $780 for   may be up to 26
                                                                                       both outer           affected outer
                                                                                       cylinders on the     cylinders in fleet.
                                                                                       airplane.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 adding the following new airworthiness 
directive (AD):

2005-07-02 Boeing: Amendment 39-14026. Docket No. FAA-2004-19525; 
Directorate Identifier 2004-NM-18-AD.

Effective Date

    (a) This AD becomes effective May 4, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing Model 777-200 and -300 series 
airplanes; certificated in any category.

Unsafe Condition

    (d) This AD was prompted by reports that two outer cylinders of 
the main landing gear (MLG) were found fractured in the weld area. 
We are issuing this AD to detect and correct cracks or defects that 
could result in a fracture of the outer cylinder of the MLG, which 
could lead to collapse of the MLG during landing.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Service Bulletin References

    (f) The term ``the service bulletin,'' as used in this AD, means 
the Accomplishment Instructions of Boeing Alert Service Bulletin 
777-32A0038, Revision 1, dated February 19, 2004.

Compliance Time

    (g) Perform the applicable actions specified in paragraph (h) of 
this AD at the later of the times specified in paragraphs (g)(1) and 
(g)(2) of this AD.
    (1) Within 4,000 flight cycles or 750 days after the effective 
date of this AD, whichever occurs first; or
    (2) Before accumulation of 8,000 total flight cycles on the 
outer cylinder or 72 months on the outer cylinder since new, 
whichever occurs first.

Part Identification Inspection, Ultrasonic Inspection, and Corrective 
Action

    (h) Inspect the outer cylinder of the MLG to determine whether 
an outer cylinder having a serial number (S/N) listed in paragraph 
1.D., ``Description,'' of the service bulletin is installed. Instead 
of an inspection of the outer cylinder of the MLG, a review of 
airplane maintenance records is acceptable if the S/N of the outer 
cylinder can be positively determined from that review.
    (1) If no S/N identified in the service bulletin is installed, 
no further action is required by this paragraph.
    (2) If any S/N identified in the service bulletin is installed, 
at the applicable compliance time specified in paragraph (g) of this 
AD, do an ultrasonic inspection of the outer cylinder of the MLG for 
cracks, and do all applicable specified and corrective actions per 
the service bulletin. Do any applicable corrective action before 
further flight.

Reporting a Crack

    (i) Submit a report of any crack that is found during the 
inspection required by paragraph (h)(2) of this AD to the Manager, 
Seattle Aircraft Certification Office (ACO), FAA, 1601 Lind Avenue, 
SW., Renton, Washington, at the applicable time specified in 
paragraph (i)(1) or (i)(2) of this AD. The report must include the 
inspection results, a description of any discrepancies found, the 
outer cylinder serial number and part number, and the number of 
landings and flight hours on the outer cylinder. Under the 
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.), the Office of Management and Budget (OMB) has approved the 
information collection requirements contained in this AD and has 
assigned OMB Control Number 2120-0056.

[[Page 16104]]

    (1) If the inspection was done after the effective date of this 
AD: Submit the report within 10 days after the inspection.
    (2) If the inspection was accomplished prior to the effective 
date of this AD: Submit the report within 10 days after the 
effective date of this AD.

Parts Installation

    (j) As of the effective date of this AD, no person may install 
an outer cylinder having a S/N listed in paragraph 1.D., 
``Description,'' of the service bulletin on any airplane unless it 
has been inspected and all specified and corrective actions are 
accomplished in accordance with paragraph (h)(2) of this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle ACO, has the authority to approve 
AMOCs for this AD, if requested in accordance with the procedures 
found in 14 CFR 39.19.
    (2) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an 
Authorized Representative for the Boeing Delegation Option 
Authorization Organization who has been authorized by the Manager, 
Seattle ACO, to make those findings.

Material Incorporated by Reference

    (l) You must use Boeing Alert Service Bulletin 777-32A0038, 
Revision 1, dated February 19, 2004, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approves the incorporation by reference of 
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
For copies of the service information, contact Boeing Commercial 
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. For 
information on the availability of this material at the National 
Archives and Records Administration (NARA), call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. You may view the AD docket at the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street SW., room PL-401, Nassif Building, Washington, DC.

    Issued in Renton, Washington, on March 21, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6110 Filed 3-29-05; 8:45 am]
BILLING CODE 4910-13-P