[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Proposed Rules]
[Pages 16683-16685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7458]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0280; Directorate Identifier 2009-NM-259-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Model 777-200LR and -300ER series airplanes. This proposed AD 
would require doing a high frequency eddy current inspection for 
cracking of the keyway of the fuel tank access door cutout on the left 
and right wings between wing rib numbers 8 (wing station 387) and 9 
(wing station 414.5), and related investigative and corrective actions 
if necessary. This proposed AD results from reports of cracks emanating 
from the keyway of the fuel tank access door cutout of the lower wing 
skin between wing rib numbers 8 and 9. We are proposing this AD to 
prevent loss of the lower wing skin load path, which could cause 
catastrophic structural failure of the wing.

DATES: We must receive comments on this proposed AD by May 17, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed 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. You may review copies of the 
referenced 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.

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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Duong Tran, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
917-6452; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0280; 
Directorate Identifier 2009-NM-259-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We have received reports of cracks emanating from the keyway of the 
fuel tank access door cutout of the lower wing skin between wing rib 
numbers 8 and 9. The keyway is found on Model 777-200LR and 777-300ER 
airplanes at this location as the access door has a fuel measuring 
stick installed. The keyway is used to ensure that the fuel measuring 
stick is oriented properly in the access door cutout. The crack is the 
result of fatigue due to the position of the keyway. After the crack 
initiates, if

[[Page 16684]]

it grows unchecked, it could result in the loss of the lower wing skin 
load path with catastrophic structural failure of the wing.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 777-57A0069, dated 
November 5, 2009. The service bulletin describes procedures for doing a 
high frequency eddy current (HFEC) inspection for cracking at the 
keyway of the fuel tank access door cutout on the left and right wings 
between wing rib numbers 8 and 9, and corrective actions if necessary. 
Corrective actions include making an insurance cut of the keyway of the 
fuel tank access door cutout on the left and right wings; contacting 
Boeing for repair instructions and doing the repair; and changing the 
profile of the keyway of the fuel tank access door cutout on the left 
and right wings including doing a related investigative action. The 
related investigative action is an HFEC inspection of the machined 
areas for cracks.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design. 
This proposed AD would require accomplishing the actions specified in 
the service information described previously, except as discussed under 
``Differences between the Proposed AD and Service Bulletin.''

Differences Between the Proposed AD and Service Bulletin

    Boeing Alert Service Bulletin 777-57A0069, dated November 5, 2009, 
specifies to contact the manufacturer for instructions on how to repair 
certain conditions, but this proposed AD would require repairing those 
conditions in one of the following ways:
     Using a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and that have been approved by the Boeing Commercial 
Airplanes Organization Designation Authorization (ODA) whom we have 
authorized to make those findings.

Other Rulemaking

    The lower wing skins on The Boeing Company Model 737-900ER 
airplanes have fuel tank access door cutouts with the same 
configuration as those of the affected fuel tank access door cutouts on 
Model 777-200LR and 777-300ER airplanes. Therefore, Model 737-900ER 
airplanes may be subject to the identified unsafe condition. We are 
considering similar rulemaking related to the identified unsafe 
condition for certain Model 737-900ER airplanes.

Costs of Compliance

    We estimate that this proposed AD would affect 16 airplanes of U.S. 
registry. We also estimate that it would take 2 work-hours per product 
to comply with this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of this 
proposed AD to the U.S. operators to be $2,720, or $170 per product.

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 determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866,
    2. Is not a ``significant rule'' under the 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

The Boeing Company: Docket No. FAA-2010-0280; Directorate Identifier 
2009-NM-259-AD.

Comments Due Date

    (a) We must receive comments by May 17, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all The Boeing Company Model 777-200LR 
and -300ER series airplanes, certificated in any category, as 
identified in Boeing Alert Service Bulletin 777-57A0069, dated 
November 5, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from reports of cracks emanating from the 
keyway of the fuel tank access door cutout of the lower wing skin 
between wing rib numbers 8 and 9. The Federal Aviation 
Administration is issuing this AD to prevent loss of the lower wing 
skin load path, which could cause catastrophic structural failure of 
the wing.

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 time specified in paragraphs (g)(1) and 
(g)(2) of this AD, do a high frequency eddy current (HFEC) 
inspection for cracking of the keyway of the fuel tank access door 
cutout on the left and right wings between wing rib numbers 8 (wing 
station 387) and 9 (wing station 414.5), and do all applicable 
corrective actions including applicable related investigative action 
(an HFEC inspection for cracking of machined areas), in accordance 
with the Accomplishment Instructions of Boeing Alert Service 
Bulletin 777-57A0069, dated November 5, 2009, except as required by

[[Page 16685]]

paragraph (h) of this AD. Do all applicable related investigative 
and corrective actions before further flight.
    (1) For Group 1, Configuration 1 airplanes, as identified in 
Boeing Alert Service Bulletin 777-57A0069, dated November 5, 2009: 
Before the accumulation of 3,500 total flight cycles, or within 500 
flight cycles after the effective date of this AD, whichever occurs 
later.
    (2) For Group 1, Configuration 2 airplanes and Group 2 
airplanes, as identified in Boeing Alert Service Bulletin 777-
57A0069, dated November 5, 2009, on which a crack was found in the 
cutout keyway when the cutout keyway was changed: Within 1,125 days 
after the effective date of this AD.

    Note 1:  For Group 1, Configuration 2 airplanes and Group 2 
airplanes, as identified in Boeing Alert Service Bulletin 777-
57A0069, dated November 5, 2009, on which no crack was found in the 
cutout keyway when the cutout keyway was changed: No further action 
is required by this AD.

Exceptions to Service Bulletin

    (h) If any cracking is found during any inspection required by 
this AD, and Boeing Alert Service Bulletin 777-57A0069, dated 
November 5, 2009, specifies to contact Boeing for appropriate 
action: Before further flight, repair the crack using a method 
approved in accordance with the procedures specified in paragraph 
(i) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office (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: Duong Tran, Aerospace Engineer, Airframe Branch, ANM-120S, 
FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6452; 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 the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that 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.

    Issued in Renton, Washington, on March 25, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-7458 Filed 4-1-10; 8:45 am]
BILLING CODE 4910-13-P