[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Rules and Regulations]
[Pages 38755-38757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13224]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19764; Directorate Identifier 2004-NM-02-AD; 
Amendment 39-14182; AD 2005-14-05]
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 
certain Boeing Model 777-200 and -300 series airplanes. This AD 
requires applying an anti-static conductive coating to the fuel access 
and thermal anti-icing blowout doors at the location of the bonding 
fasteners on the leading edge of the wings, and performing a resistance 
test on the new coating to ensure correct ground path resistance. This 
AD is prompted by a report that an anti-static coating was not applied 
correctly on doors located within a flammable fluid leakage zone. We 
are issuing this AD to prevent an uncontrollable fire in the leading 
edge of the wing, which could damage critical wing structures and cause 
a fuel tank explosion.

DATES: This AD becomes effective August 10, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of August 
10, 2005.

ADDRESSES: For service information identified in this AD, contact 
Boeing

[[Page 38756]]

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-2004-19764; the directorate 
identifier for this docket is 2004-NM-02-AD.

FOR FURTHER INFORMATION CONTACT: Margaret Langsted, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone 
(425) 917-6500; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with an AD for certain Boeing Model 777-200 and -300 series airplanes. 
That action, published in the Federal Register on December 7, 2004 (69 
FR 70574), proposed to require applying an anti-static conductive 
coating to the fuel access and thermal anti-icing blowout doors at the 
location of the bonding fasteners on the leading edge of the wings, and 
performing a resistance test on the new coating to ensure correct 
ground path resistance.

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.

Support for the Proposed AD

    One commenter, the manufacturer, supports the proposed AD.

Request To Remove a Service Bulletin Action To Maintain Certain Coating 
Thickness

    One commenter concurs with the AD. However, the commenter states 
that Boeing Special Attention Service Bulletin 777-57-0046, dated 
September 25, 2003, which is referenced in the proposed AD as the 
appropriate source of service information, specifies an action to 
maintain a certain coating thickness that is impractical to perform. 
The commenter states that Note (b) of Figures 1 and 2 in the 
Accomplishment Instructions of the service bulletin specifies that the 
conductive coating be applied at a thickness of 0.0004 to 0.0008 inch. 
The commenter states that there is no practical method to measure the 
thickness and that they have confirmation from the manufacturer that 
the intent of Note (b) is to ensure that the coating application is 
continuous. The commenter also notes that the manufacturer plans to 
delete the thickness dimension and revise the wording in Note (b) in 
the next revision of the service bulletin.
    We agree with the commenter that the intent of Note (b) of the 
service bulletin is to ensure a continuous coating and that the 
measured thickness is not relevant. Although Note (b) specifies 
maintaining the thickness of the applied conductive coating between 
0.0004 and 0.0008 inch, we have revised paragraph (f) of this AD to 
clarify the manufacturer's intent: to apply a uniform coating to avoid 
runs, sags, or wrinkles, and to ensure the anti-static coating touches 
the anti-static coating exposed during surface preparation.
    We have coordinated this difference with the manufacturer. The 
manufacturer has informed us that a revision of the service bulletin 
that contains a revised Note (b) is planned for release. Once the 
revision has been issued, under the provisions of paragraph (g) of this 
AD, affected operators may request approval to use the later revision 
of the referenced service bulletin as an alternative method of 
compliance.

Request To Reduce the Compliance Time

    One commenter requests that the compliance time be reduced. The 
commenter suggests that the simplicity and low cost of the task would 
allow airlines to perform the task sooner.
    We do not agree with the request to shorten the compliance time. 
After considering all the available information, including the fact 
that there have been no reports of in-service arcing or sparking as a 
result of the missing anti-static coating, we determined that the 
compliance time, as proposed, represents an appropriate interval in 
which the anti-static coating can be applied in a timely manner within 
the fleet, while still maintaining an adequate level of safety. In 
developing the compliance time for this AD action, we considered not 
only the safety implications of the identified unsafe condition, but 
the average utilization rate of the affected fleet, the practical 
aspects of an orderly modification of the fleet during regular 
maintenance periods, the availability of required parts, and the time 
necessary for the rulemaking. However, if additional data are presented 
that would justify a shorter compliance time, we may consider further 
rulemaking on this issue. Operators are always permitted to accomplish 
the requirements of an AD at a time earlier than the specified 
compliance time.

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 change described 
previously. We have determined that this change will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD will affect about 65 airplanes worldwide and 18 airplanes 
of U.S. registry. The actions will take about 5 work hours per 
airplane, at an average labor rate of $65 per work hour. Based on these 
figures, the estimated cost of this AD for U.S. operators is $5,850, or 
$325 per 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;

[[Page 38757]]

    (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):

2005-14-05 Boeing: Amendment 39-14182. Docket No. FAA-2004-19764; 
Directorate Identifier 2004-NM-02-AD.

Effective Date

    (a) This AD becomes effective August 10, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 777-200 and -300 series 
airplanes, certificated in any category; as listed in Boeing Special 
Attention Service Bulletin 777-57-0046, dated September 25, 2003.

Unsafe Condition

    (d) This AD was prompted by a report that an anti-static coating 
was not applied correctly on doors located within a flammable fluid 
leakage zone. We are issuing this AD to prevent an uncontrollable 
fire in the leading edge of the wing, which could damage critical 
wing structures and cause a fuel tank explosion.

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.

Modification and Resistance Test

    (f) Within 18 months after the effective date of this AD, apply 
an anti-static conductive coating to the fuel access and thermal 
anti-icing blowout doors at the location of the bonding fasteners, 
and perform a resistance test on the new coating, in accordance with 
the Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 777-57-0046, dated September 25, 2003. Where Note (b) of 
Figures 1 and 2 of the Accomplishment Instructions of the service 
bulletin specifies to maintain the thickness of the conductive 
coating between 0.0004 and 0.0008 inch, this AD requires applying a 
uniform coating to avoid runs, sags, or wrinkles, and to ensure the 
anti-static coating touches the anti-static coating exposed during 
surface preparation.
    (1) If the resistance measured between the door surface and a 
fastener located within the doors' surrounding support structure is 
within the limits specified in the service bulletin, no further 
action is required by this paragraph.
    (2) If the resistance measured between the door surface and a 
fastener located within the doors' surrounding support structure is 
outside the limits specified in the service bulletin, before further 
flight, repeat the actions as required by paragraph (f) of this AD 
up to five times, as applicable. If the results of the fifth test 
exceed the limits specified in the service bulletin, before further 
flight, contact the Manager, Seattle Aircraft Certification Office 
(ACO), FAA, for disposition of repairs.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Seattle ACO, FAA, has the authority to approve 
AMOCs for this AD, if requested in accordance with the procedures 
found in 14 CFR 39.19.

Material Incorporated by Reference

    (h) You must use Boeing Special Attention Service Bulletin 777-
57-0046, dated September 25, 2003, 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. 
To get copies of the service information, contact Boeing Commercial 
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. To view 
the AD docket, go to the Docket Management Facility, U.S. Department 
of Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC. To review copies of the service 
information, go to the National Archives and Records Administration 
(NARA). For information on the availability of this material at the 
NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html html.

    Issued in Renton, Washington, on June 24, 2005.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-13224 Filed 7-5-05; 8:45 am]
BILLING CODE 4910-13-P