[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Rules and Regulations]
[Pages 48850-48852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16265]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20350; Directorate Identifier 2004-NM-202-AD; 
Amendment 39-14223; AD 2005-17-02]
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 
certain Boeing Model 777-200 and -300 series airplanes. This AD 
requires inspecting the valve control and indication wire bundles of 
the fuel system of the wing rear spar for discrepancies, and

[[Page 48851]]

corrective action if necessary. This AD is prompted by reports of six 
incidents of the wire bundles chafing against the rear spar stiffeners 
outside the fuel tank. We are issuing this AD to prevent this chafing, 
which could result in wire damage leading to a short circuit, 
subsequent ignition of flammable vapors, and possible uncontrollable 
fire during fueling or flight.

DATES: This AD becomes effective September 26, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of 
September 26, 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-2005-20350; the directorate 
identifier for this docket is 2004-NM-202-AD.

FOR FURTHER INFORMATION CONTACT: Georgios Roussos, Systems and 
Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6482; 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 February 15, 2005 (70 
FR 7681), proposed to require inspecting the valve control and 
indication wire bundles of the fuel system of the wing rear spar for 
discrepancies, and corrective action 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.

Support for Proposed AD

    One commenter, the airplane manufacturer, concurs with the content 
of the proposed AD. Another commenter states that it has done the 
inspection specified in the service information referenced in the 
proposed AD on all of its Model 777-200 series airplanes.

Request for Clarification of Inconsistencies in Referenced Service 
Information

    One commenter concurs with the intent of the proposed AD, but 
points out some inconsistencies found in the Accomplishment 
Instructions of the referenced service bulletin. The commenter states 
that the service bulletin specifies leaving the wire bundle intact, 
according to the original factory installation, if the inspection does 
not reveal any wire chafing; however, the service bulletin also 
specifies modifying the wire bundle routing by installing additional 
new hardware, such as spacers, if any chafing is found.
    The commenter also states that the intent of the proposed AD is to 
make sure that there is no wire chafing against the structure. The 
commenter believes that there will potentially be two different 
aircraft configurations if the modification is required. The commenter 
states that the configuration with no spacers may cause the wire bundle 
to rub against the structure in the future. The commenter adds that, 
without spacers installed, there is no way to positively prove in the 
future that the proposed AD was complied with in the past. The 
commenter prefers to modify the wire bundle routing (adding new 
spacers) even if there is currently no chafing found, in order to keep 
common configuration within the fleet and prevent potential problems in 
the future.
    We infer that the commenter is asking for clarification about its 
perceived inconsistencies in the referenced service bulletin. We agree. 
The service bulletin describes procedures for inspecting the wire 
bundles in the wing rear spar for three discrepancies (i.e., wire 
chafing, wire damage, and any missing spacer at each of the five 
clamping points). The commenter believes there are only two 
discrepancies (i.e., wire chafing and wire damage). As a result, the 
commenter's statement that the wire bundle is left intact if the 
inspection does not reveal any wire chafing is incorrect. There are two 
conditions that need to be met for the wire bundle to be ``left 
intact.'' The service bulletin specifies ``if no wire bundle damage or 
chafing is found'' and ``if the wire bundle routing is in compliance, 
no more action is required.'' Wire bundle routing compliance is defined 
in the service bulletin as ``at least one spacer is found installed at 
each of the five clamping points.'' In addition, the service bulletin 
specifies ``if no chafing or damage is found'' and ``if the wire bundle 
routing is not in compliance, make a modification to the wire bundle 
routing.'' The modification involves installing a spacer, screw, clip 
nut, and clamp, as applicable, at any clamping point with no spacer. 
Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition of this AD (i.e., 
wire chafing and damage).
    In addition, we do not agree with the commenter's statement there 
is no way to positively prove in the future that the AD was complied 
with in the past. Compliance with an AD is documented in the permanent 
records of the affected airplanes and can be audited by a principal 
maintenance inspector. Therefore, we have made no change to the AD in 
these regards.

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 as proposed.

Costs of Compliance

    There are about 403 airplanes of the affected design in the 
worldwide fleet. This AD will affect about 129 airplanes of U.S. 
registry. The inspection will take about 1 work hour per airplane, at 
an average labor rate of $65 per work hour. Based on these figures, the 
estimated cost of the inspection for U.S. operators is $8,385, or $65 
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.

[[Page 48852]]

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):

2005-17-02 Boeing: Amendment 39-14223. Docket No. FAA-2005-20350; 
Directorate Identifier 2004-NM-202-AD.

Effective Date

    (a) This AD becomes effective September 26, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 777-200 and -300 series 
airplanes, certificated in any category; as identified in Boeing 
Special Attention Service Bulletin 777-28-0033, dated August 14, 
2003.

Unsafe Condition

    (d) This AD was prompted by reports of six incidents of the 
valve control and indication wire bundles of the fuel system chafing 
against the rear spar stiffeners outside the fuel tank. We are 
issuing this AD to prevent this chafing, which could result in wire 
damage leading to a short circuit, subsequent ignition of flammable 
vapors, and possible uncontrollable fire during fueling or flight.

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.

Detailed Inspection/Corrective Action

    (f) Within 18 months after the effective date of this AD: Do a 
detailed inspection of the valve control and indication wire bundles 
of the fuel system of the wing rear spar for discrepancies 
(including any applicable corrective action), by doing all the 
actions specified in the Accomplishment Instructions of Boeing 
Special Attention Service Bulletin 777-28-0033, dated August 14, 
2003. Any applicable corrective action must be done before further 
flight. Part number (P/N) BACC10GU105P, shown in the part list table 
of Kit 005W3225 and in the step tables in Figures 3 and 4 of the 
Accomplishment Instructions of the service bulletin, is not a valid 
P/N; the correct P/N that must be used is P/N BACC10JU105P.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Seattle Aircraft Certification Office, 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-
28-0033, dated August 14, 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.

    Issued in Renton, Washington, on August 10, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-16265 Filed 8-19-05; 8:45 am]
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