[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Rules and Regulations]
[Pages 62217-62219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28169]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0571; Directorate Identifier 2009-NM-004-AD; 
Amendment 39-16096; AD 2009-24-08]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Boeing Model 777-200, -200LR, -300, and -300ER series airplanes. This 
AD requires inspections for scribe lines in the skin along lap joints, 
butt joints, certain external doublers, and the large cargo door 
hinges; and related investigative and corrective actions if necessary. 
This AD results from reports of scribe lines found at lap joints and 
butt joints, around external doublers, and at locations where external 
decals had been removed. We are issuing this AD to detect and correct 
scribe lines, which can develop into fatigue cracks in the skin. 
Undetected fatigue cracks can grow and cause sudden decompression of 
the airplane.

DATES: This AD is effective January 4, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of January 4, 
2010.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; e-mail [email protected]; 
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
917-6577; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
all Boeing Model 777 series airplanes. That NPRM was published in the 
Federal Register on June 25, 2009 (74 FR 30245). That NPRM proposed to 
require inspections for scribe lines in the skin along lap joints, butt 
joints, certain external doublers, and the large cargo door hinges; and 
related investigative and corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received from the one commenter.

Request To Eliminate Reporting Requirement for Negative Findings

    Boeing requests that we revise paragraph (k) of the NPRM to 
eliminate the requirement to report negative findings. Boeing states 
that this requirement deviates from Boeing Alert Service Bulletin 777-
53A0054, dated August 7, 2008, in that the service bulletin specified 
that operators report findings of cracking. Boeing states that since 
the Model 777 fleet is young relative to the inspection thresholds, 
this reporting requirement may last for decades and it would involve 
hundreds of airplanes. Boeing states that after a period of time, the 
requirement would become redundant and is therefore an unnecessary 
burden.
    We agree with the commenter for the reasons provided. We revised 
paragraph (k) of the final rule to eliminate the requirement to report 
negative findings.

[[Page 62218]]

Explanation of Change To Applicability

    We have revised the applicability of this AD to identify model 
designations as published in the type certificate data sheet for the 
affected models listed in Boeing Alert Service Bulletin 777-53A0054, 
dated August 7, 2008.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We also determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 129 airplanes of U.S. registry. 
The following table provides the estimated costs for U.S. operators to 
comply with this AD. A work-hour estimate is not available for the 
inspection for an external repair doubler since the inspection required 
can be different depending on the in-service repair history of the 
airplane. This inspection affects up to 129 U.S.-registered airplanes.

                                                                 Table--Estimated costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                       Number of
                                                             Average                                                     U.S.-
              Action                      Work hours        labor rate          Parts             Cost per product     registered        Fleet cost
                                                             per hour                                                  airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Exploratory Inspection............  9 to 34..............          $80  None.................  $720 to $2,720.......          129  $92,880 to
                                                                                                                                   $350,880
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 AD:

2009-24-08 Boeing: Amendment 39-16096. Docket No. FAA-2009-0571; 
Directorate Identifier 2009-NM-004-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective January 4, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 777-200, -200LR, -300, and -
300ER series airplanes, certificated in any category, as identified 
in Boeing Alert Service Bulletin 777-53A0054, dated August 7, 2008.

Subject

    (d) Air Transport Association (ATA) of America Code 53: 
Fuselage.

Unsafe Condition

    (e) This AD results from reports of scribe lines found at lap 
joints and butt joints, around external doublers, and at locations 
where external decals had been cut. We are issuing this AD to detect 
and correct scribe lines, which can develop into fatigue cracks in 
the skin. Undetected fatigue cracks can grow and cause sudden 
decompression of the airplane.

Compliance

    (f) 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

    (g) At the applicable times specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 777-53A0054, dated 
August 7, 2008, except as provided in paragraphs (h) and (j) of this 
AD, do detailed exploratory inspections for scribe lines in the skin 
along lap joints, butt joints, certain external doublers, and the 
large cargo door hinges. Do all applicable related investigative and 
corrective actions at the times specified in the service bulletin, 
by accomplishing all actions specified in the Accomplishment 
Instructions of the service bulletin, except as provided by 
paragraph (i) of this AD.

    Note 1:  The inspection exemptions described in NOTES 1.-5. in 
paragraph 1.E. of Boeing Alert Service Bulletin 777-53A0054, dated 
August 7, 2008, apply to this AD.

Exceptions to Service Bulletin Specifications

    (h) Where Boeing Alert Service Bulletin 777-53A0054, dated 
August 7, 2008, specifies a compliance time after the date on the 
service bulletin, this AD requires compliance within the specified 
compliance time after the effective date of this AD.
    (i) Where Boeing Alert Service Bulletin 777-53A0054, dated 
August 7, 2008, specifies to contact Boeing for appropriate action, 
accomplish applicable actions using a method approved in accordance 
with the

[[Page 62219]]

procedures specified in paragraph (l) of this AD.
    (j) Where paragraph 1.E. of Boeing Alert Service Bulletin 777-
53A0054, dated August 7, 2008, specifies to ``contact Boeing for 
inspection requirements for operation beyond 60,000 total flight-
cycles after first repaint,'' for those airplanes, this AD requires 
contacting the Manager, Seattle Aircraft Certification Office (ACO), 
for all inspection requirements of this AD and doing the 
requirements.

Report

    (k) At the applicable time specified in paragraph (k)(1) or 
(k)(2) of this AD: Submit a report of positive findings of cracks 
found during the inspection required by paragraph (g) of this AD to 
the Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
Washington 98124-2207. Alternatively, operators may submit reports 
to their Boeing field service representatives. The report must 
contain, at a minimum, the inspection results, a description of any 
discrepancies found, the airplane serial number, and the number of 
flight cycles and flight hours on the airplane. Under the provisions 
of the Paperwork Reduction Act (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.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, Seattle ACO, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. Send information to ATTN: Berhane Alazar, Aerospace 
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 917-6577; fax (425) 917-6590. Or, e-mail 
information to [email protected].
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (3) 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 Commercial Airplanes 
Delegation Option Authorization Organization who has been authorized 
by the Manager, Seattle ACO, to make those findings. For a repair 
method to be approved, the repair must meet the certification basis 
of the airplane and the approval must specifically refer to this AD.

Material Incorporated by Reference

    (m) You must use Boeing Alert Service Bulletin 777-53A0054, 
dated August 7, 2008, to do the actions required by this AD, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P. O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 
206-544-5000, extension 1; fax 206-766-5680; e-mail 
[email protected]; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at 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 November 12, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28169 Filed 11-25-09; 8:45 am]
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