[Federal Register Volume 71, Number 116 (Friday, June 16, 2006)]
[Rules and Regulations]
[Pages 34808-34811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5428]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24173; Directorate Identifier 2005-NM-262-AD; 
Amendment 39-14652; AD 2006-12-26]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 777-200, -300, and -300ER 
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, -300, and -300ER series airplanes. This 
AD requires a one-time inspection of the first bonding jumper aft of 
the bulkhead fitting to detect damage or failure and to determine the 
mechanical integrity of its electrical bonding path, and repair if 
necessary; measuring the bonding resistance between the fitting for the 
fuel feed tube and the front spar in the left and right main fuel 
tanks, and repairing the bonding if necessary; and applying additional 
sealant to completely cover the bulkhead fittings inside the fuel 
tanks. This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent arcing or sparking 
during a lightning strike at the interface between the bulkhead 
fittings of the engine fuel feed tube and the front spar inside the 
fuel tank. This arcing or sparking could provide a potential ignition 
source inside the fuel tank,

[[Page 34809]]

which, in combination with flammable fuel vapors, could result in fuel 
tank explosions and consequent loss of the airplane.

DATES: This AD becomes effective July 21, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of July 21, 
2006.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

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

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Boeing Model 
777 airplanes. That NPRM was published in the Federal Register on March 
21, 2006 (71 FR 14126). That NPRM proposed to require a one-time 
inspection of the first bonding jumper aft of the bulkhead fitting to 
detect damage or failure and to determine the mechanical integrity of 
its electrical bonding path, and repair if necessary; measuring the 
bonding resistance between the fitting for the fuel feed tube and the 
front spar in the left and right main fuel tanks, and repairing the 
bonding if necessary; and applying additional sealant to completely 
cover the bulkhead fittings inside the fuel tanks.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Support for the NPRM

    Boeing concurs with the NPRM.

Request To Revise the Service Bulletin

    Japan Airlines (JAL) suggests that Boeing should revise Boeing 
Special Attention Service Bulletin 777-28-0044, Revision 1, dated 
December 20, 2005, to incorporate the repair instructions for the 
bonding path rather than having them separate from the service 
bulletin. (This service bulletin was referenced as the appropriate 
source of service information for accomplishing the actions in the 
NPRM.) JAL states that it would be simpler if the AD referred to the 
service bulletin for the whole work instructions, including all repair 
procedures.
    We partially agree. We agree with JAL that having all repair 
procedures in one place can be simpler for operators. We do not agree 
that Boeing should revise its service bulletin for this reason, nor can 
we request a manufacturer to revise a service bulletin to make 
addressing an unsafe condition more convenient. Waiting to include a 
revised service bulletin in this action would delay addressing an 
unsafe condition. In addition, manufacturers' service information often 
refers to procedures in various maintenance manuals for a number of 
reasons (e.g., to keep procedures in the service bulletin from becoming 
too cumbersome, or because the procedure is an industry best practice). 
In this case, the referenced service bulletin refers to Chapter 28-00-
00 of the Boeing 777 Aircraft Maintenance Manual (AMM) for doing the 
general visual inspection of the first bonding jumper aft of the 
bulkhead fitting to detect damage or failure and to determine the 
mechanical integrity of its electrical bonding path. We assume some of 
JAL's issue stems from the statement in paragraph (f)(1) of the NPRM 
that these conditions must be repaired according to a method we 
approve, and that Chapter 28-00-00 of the Boeing 777 AMM is one 
approved method. We included that statement in paragraph (f)(1) because 
although the service bulletin implies repair for the bonding path in 
accordance with the AMM chapter, the statement in the service bulletin 
is not explicit and could be confusing. We have not changed the final 
rule in this regard.

Request To Revise Cost Estimate

    Air Transport Association (ATA), on behalf of American Airlines, 
requests that we revise the cost estimate. American Airlines quotes an 
``AD memo'' that reads ``FAA estimates that 46 airplanes of U.S. 
registry would be affected by this rulemaking.'' American Airlines 
points out that it has 45 affected airplanes, and that there are three 
other U.S. operators that also have affected airplanes. American 
Airlines also does not concur with the statement in the NPRM that the 
cost of the proposed actions would be $640 per airplane for eight hours 
of work. Although American Airlines understands that the FAA does not 
consider access time when calculating the cost to comply with an AD, 
American Airlines believes it is important to note that this inspection 
and sealant application requires complete draining and venting of the 
fuel tanks, which alone could take eight hours. In total, American 
Airlines estimates the inspection and sealant application will require 
approximately 48 work hours per airplane at a cost of $202,586.
    We partially agree with the commenters. We agree that there are 
more than 45 airplanes of U.S. registry affected by the actions in the 
NPRM. We are not familiar with an ``AD memo,'' which could have been a 
summary of the NPRM initiated by another source. The number of affected 
airplanes listed in the NPRM is 131 rather than 45. We have revised the 
``Costs of Compliance'' paragraph to reflect this information.
    We do not agree with revising the number of work hours in the cost 
estimate. As American Airlines points out, we do not consider access 
time when calculating the cost of an AD. The cost information below 
describes only the direct costs of the specific actions required by 
this AD. Based on the best data available, the manufacturer provided 
the number of work hours (8) necessary to do the required actions. This 
number represents the time necessary to perform only the actions 
actually required by this AD. We recognize that, in doing the actions 
required by an AD, operators may incur incidental costs in addition to 
the direct costs. The cost analysis in AD rulemaking actions excludes 
the costs of the time required to gain access and close up, as American 
points out, but it also excludes other incidental costs such as the 
time necessary for planning, or time for other administrative actions. 
All of these costs may vary significantly among operators and are 
almost impossible to calculate. We have not changed the final rule in 
this regard.

Explanation of Change in Applicability

    We have revised the applicability of this final rule to match the 
most current

[[Page 34810]]

type certificate data sheet for the affected airplanes.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, 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

    There are about 497 airplanes of the affected design in the 
worldwide fleet. This AD affects about 131 airplanes of U.S. registry. 
The actions take about 8 work hours per airplane, at an average labor 
rate of $80 per work hour. Based on these figures, the estimated cost 
of the AD for U.S. operators is $83,840, or $640 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;
    (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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-12-26 Boeing: Amendment 39-14652. Docket No. FAA-2006-24173; 
Directorate Identifier 2005-NM-262-AD.

Effective Date

    (a) This AD becomes effective July 21, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 777-200, -300, and -300ER 
series airplanes, certificated in any category; as identified in 
Boeing Special Attention Service Bulletin 777-28-0044, Revision 1, 
dated December 20, 2005.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent arcing or sparking 
during a lightning strike at the interface between the bulkhead 
fittings of the engine fuel feed tube and the front spar inside the 
fuel tank. This arcing or sparking could provide a potential 
ignition source inside the fuel tank, which, in combination with 
flammable fuel vapors, could result in fuel tank explosions and 
consequent loss of the airplane.

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.

Inspection and Corrective Actions

    (f) Within 60 months after the effective date of this AD, do the 
actions specified in paragraphs (f)(1), (f)(2), and (f)(3) of this 
AD for the bulkhead fittings of the engine fuel feed tube for the 
left and right main fuel tanks. Do all actions in accordance with 
the Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 777-28-0044, Revision 1, dated December 20, 2005.
    (1) Do a general visual inspection of the first bonding jumper 
aft of the bulkhead fitting to detect damage or failure and to 
determine the mechanical integrity of its electrical bonding path. 
If any damage or failure is found during this inspection or if the 
mechanical integrity of the bonding path is compromised: Before 
further flight, repair according to a method approved by the 
Manager, Seattle Aircraft Certification Office (ACO), FAA. Chapter 
28-00-00 of the Boeing 777 Aircraft Maintenance Manual is one 
approved method.
    (2) Measure the bonding resistance between the fitting for the 
fuel feed tube and the front spar in the left main fuel tank. If the 
bonding resistance exceeds 0.001 ohm: Before further flight, repair 
the bonding in accordance with the service bulletin.
    (3) Apply additional sealant to completely cover the bulkhead 
fitting inside the fuel tank.

Actions Accomplished in Accordance With Previous Revision of Service 
Bulletin

    (g) Actions done before the effective date of this AD in 
accordance with Boeing Special Attention Service bulletin 777-28-
0044, dated February 3, 2005, are acceptable for compliance with the 
requirements of paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) 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.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Material Incorporated by Reference

    (i) You must use Boeing Special Attention Service Bulletin 777-
28-0044, Revision 1, dated December 20, 2005, to perform the actions 
that are required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference of this document in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. Contact Boeing Commercial Airplanes, P.O. Box 3707, 
Seattle, Washington 98124-2207, for a copy of this service 
information. You may review copies at the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street, 
SW., Room PL-401, Nassif Building, Washington, DC; on the Internet 
at http://dms.dot.gov; or at 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.


[[Page 34811]]


    Issued in Renton, Washington, on June 8, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-5428 Filed 6-15-06; 8:45 am]
BILLING CODE 4910-13-P