[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Rules and Regulations]
[Pages 39811-39814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16201]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1249; Directorate Identifier 2009-NM-100-AD; 
Amendment 39-16358; AD 2010-14-13]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 777 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 
Model 777 airplanes. This AD requires inspecting the bolt, nut, and 
downstop of the slat track assembly to determine if the bolt, nut, or 
stops are missing and to determine if the thread protrusion of the bolt 
from the nut is within specified limits and parts are correctly 
installed, and related investigative and corrective actions if 
necessary. For certain airplanes, this AD also requires inspecting the 
slat cans at the outboard slat number 3 and 12 outboard main track 
locations for holes and wear damage, and corrective actions if 
necessary; and replacing the downstop hardware for the outboard slats 
number 3 and 12 outboard and inboard main track locations. This AD 
results from a report of a hole in the inboard main track slat can for 
outboard slat number 12 on a Model 777 airplane. The hole was caused 
when the bolt securing the downstop migrated out of the fitting and 
contacted the slat can. We are issuing this AD to detect and correct 
damage to the outboard slat main track slat cans, which can allow fuel 
leakage into the fixed wing leading edge in excess of the capacity of 
the draining system. Excess fuel leakage could result in an uncontained 
fire.

DATES: This AD is effective August 17, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of August 17, 
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: 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:

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 
certain Model 777 airplanes. That NPRM was published in the Federal 
Register on January 7, 2010 (75 FR 950). That NPRM proposed to require 
inspecting the bolt, nut, and downstop of the slat track assembly to 
determine

[[Page 39812]]

if the bolt, nut, or stops are missing and to determine if the thread 
protrusion of the bolt from the nut is within specified limits and 
parts are correctly installed, and related investigative and corrective 
actions if necessary. For certain airplanes, that NPRM also proposed to 
require inspecting the slat cans at the outboard slat number 3 and 12 
outboard main track locations for holes and wear damage, and corrective 
actions if necessary; and replacing the downstop hardware for the 
outboard slats number 3 and 12 outboard and inboard main track 
locations.

Relevant Service Information

    We have reviewed Boeing Service Bulletin 777-57A0064, Revision 1, 
dated May 6, 2010. The NPRM referred to Boeing Alert Service Bulletin 
777-57A0064, dated March 26, 2009, as the appropriate source of service 
information. Boeing Service Bulletin 777-57A0064, Revision 1, dated May 
6, 2010, clarifies procedures, deletes a requirement, adds a note to 
allow a different fastener, revises an incorrect chamfer callout, and 
adds information that was published in Boeing Information Notice 777-
57A0064 IN 01 and 777-57A0064 IN 02. Boeing Service Bulletin 777-
57A0064, Revision 1, dated May 6, 2010, does not require additional 
work.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received from the commenters.

Support for the NPRM

    Continental Airlines (Continental) supports the intent of the NPRM.

Request To Add Exception for Group 1 Airplanes

    Boeing requests that we revise the NPRM to add a statement to 
paragraph (h) of the NPRM stating, ``The outboard main track locations 
for slats 3 and 12 are excluded from the inspection defined in Table 3 
of Boeing Alert Service Bulletin 777-57A0064, dated March 26, 2009.'' 
Boeing states that, for Group 1 airplanes, the slat tracks do not 
penetrate into the wing fuel tank at these locations. Boeing also 
states that, for all Group 2 airplanes, this inspection is accomplished 
via Table 4 of Boeing Alert Service Bulletin 777-57A0064, dated March 
26, 2009. Boeing Alert Service Bulletin 777-57A0064, dated March 26, 
2009, states that for only Group 2 airplanes the outboard main track 
locations at slats 3 and 12 must be inspected. Boeing notes that it 
plans to issue a new revision to this service bulletin in June 2010 
that contains this information.
    We disagree with the commenter that such a revision is necessary. 
We have updated this final rule to refer to Boeing Service Bulletin 
777-57A0064, Revision 1, dated May 6, 2010. Boeing Service Bulletin 
777-57A0064, Revision 1, dated May 6, 2010, has corrected this 
information. We have added Boeing Service Bulletin 777-57A0064, 
Revision 1, dated May 6, 2010, as the appropriate source of service 
information for the actions required by this AD, including paragraph 
(g)(2) of this AD (in paragraph (g)(2) of the NPRM we referred to the 
original issue of the service bulletin for the compliance times but did 
not specifically reference the service bulletin as the applicable 
source of service information for doing the actions). We have also 
added paragraph (j) to this final rule to provide credit for actions 
done in accordance with Boeing Alert Service Bulletin 777-57A0064, 
dated March 26, 2009.

Request To Add Exception for Group 2 Airplanes

    Boeing further requests that we revise paragraph (h) of the NPRM to 
state, ``For airplanes defined as Group 2 in Boeing Alert Service 
Bulletin 777-57A0064, dated March 26, 2009, it is not necessary to 
perform the torque check on the downstop hardware for slats 3 and 12 as 
defined in Table 2 of Boeing Alert Service Bulletin 777-57A0064, dated 
March 26, 2009.'' Boeing states that at locations where a fastener is 
to be replaced by subsequent instructions in Boeing Alert Service 
Bulletin 777-57A0064, dated March 26, 2009, a torque check is redundant 
and is not a technical requirement. Boeing states that the visual 
inspections are still in place to guarantee that damage caused by a 
loose fastener will be caught. Boeing also adds that Boeing Alert 
Service Bulletin 777-57A0064, dated March 26, 2009, specifies 
compliance times for the fastener replacement that are less than those 
for the torque check. Boeing notes that it plans to issue a new 
revision to this service bulletin in June 2010 that contains this 
information.
    We agree with the commenter that such a revision is necessary. We 
have updated this final rule to refer to Boeing Service Bulletin 777-
57A0064, Revision 1, dated May 6, 2010. However, we have added a new 
paragraph (i) to this final rule to clarify that this measurement is 
not necessary on slats 3 and 12. We have added Boeing Service Bulletin 
777-57A0064, Revision 1, dated May 6, 2010, as the primary source of 
service information for accomplishing the actions required by this AD.

Request To Increase the Inspection Threshold to 12 Months

    Continental requests that we revise the compliance time for the 
inspection from 6 months to 12 months after the effective date of the 
AD. Continental states that the current 6-month compliance time will 
not provide a practical period in which to complete the full inspection 
for its Model 777 fleet based on their maintenance schedule. 
Continental states that a 12-month threshold would not compromise the 
safety of the airplane because there are existing zonal inspection 
requirements in the referenced Maintenance Planning Document/
Maintenance Review Board (MPD/MRB) tasks, discrepancies in the area of 
interest could be detected through the required routine inspections. 
Continental states that with a frequency of every 1,125 days from 
delivery, most affected airplanes should have had at least one 
inspection performed in accordance with the MPD/MRB tasks.
    We disagree. Due to the urgent nature of a potential excessive fuel 
leakage, we do not find it appropriate to revise the inspection 
threshold. Furthermore, the MPD/MRB zonal inspection requirements are 
not intense enough to detect certain unobvious discrepancies (e.g., 
loose bolts and insufficient nut torque). However, under the provisions 
of paragraph (k) of this AD, we will consider requests for approval of 
an extension of the compliance time if sufficient data are submitted to 
substantiate that the extension would provide an acceptable level of 
safety. We have not changed the AD in regard to this issue.

Request To Clarify Requirements of Downstop Fitting Rework

    EVA Airlines requests that we incorporate the information from 
Boeing Information Notice 777-57A0064 IN 01, dated May 28, 2009, which 
states that the chamfer for the -2 stop fitting in view B-B of Appendix 
A of Boeing Alert Service Bulletin 777-57A0064, dated March 26, 2009, 
should be ``0.820-0.850 x 90 Degrees-120 Degrees'' instead of ``0.820-
0.050 x 90 Degrees-120 Degrees.''
    We agree that this information should be incorporated into the AD. 
Boeing Service Bulletin 777-57A0064, Revision 1, dated May 6, 2010, 
corrects this information. As stated previously, we have changed this 
AD to refer to Boeing Service Bulletin 777-57A0064, Revision 1, dated 
May 6, 2010, as the primary source of service information for 
accomplishing the actions required by this AD.

[[Page 39813]]

Conclusion

    We reviewed the relevant data, considered the comments 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.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work-hour to $85 per work-hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD would affect 129 airplanes of U.S. 
registry. The following table provides the estimated costs for U.S. 
operators to comply with this AD.

                                                                 Table--Estimated Costs
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                                                                                                Number of
                                                  Average                                         U.S.-
              Action                Work hours   labor rate     Parts       Cost per product    registered                   Fleet cost
                                                  per hour                                      airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection for Group 1 airplanes.           39          $85           $0  $3,315 per                   127  $421,005 per inspection cycle.
                                                                           inspection cycle.
Inspection for Group 2 airplanes.           55           85            0  4,675 per                      2  9,350 per inspection cycle.
                                                                           inspection cycle.
Replacement for Group 2 airplanes            8           85        9,267  9,947..............            2  19,894.
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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:

2010-14-13 The Boeing Company: Amendment 39-16358. Docket No. FAA-
2009-1249; Directorate Identifier 2009-NM-100-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective August 17, 
2010.

Affected Ads

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 777-200, -200LR, 
-300, and -300ER airplanes, certificated in any category; as 
identified in Boeing Service Bulletin 777-57A0064, Revision 1, dated 
May 6, 2010.

Subject

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

Unsafe Condition

    (e) This AD results from a report of a hole in the inboard main 
track slat can for outboard slat number 12 on a Model 777 airplane. 
The Federal Aviation Administration is issuing this AD to detect and 
correct damage to the outboard slat main track slat cans, which can 
allow fuel leakage into the fixed wing leading edge in excess of the 
capacity of the draining system. Excess fuel leakage could result in 
an uncontained fire.

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.

Inspect the Slat Main Track Stop Hardware and Measure the Torque of the 
Slat Main Track Stop Hardware

    (g) At the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Service Bulletin 777-57A0064, Revision 1, 
dated May 6, 2010, except as required by paragraph (h) of this AD: 
Do the applicable actions specified in paragraphs (g)(1) and (g)(2) 
of this AD.
    (1) For all airplanes: Do a detailed inspection of the slat main 
track stop hardware to determine if the bolt, nut, or stops are 
missing and to determine if the thread protrusion of the bolt from 
the nut is within specified limits, and do all applicable

[[Page 39814]]

related investigative and corrective actions, in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin 777-57A0064, 
Revision 1, dated May 6, 2010, except as required by paragraph (i) 
of this AD. Do all applicable related investigative and corrective 
actions at the applicable time specified in paragraph 1.E., 
``Compliance,'' of Boeing Service Bulletin 777-57A0064, Revision 1, 
dated May 6, 2010, except as required by paragraph (h) of this AD.
    (2) For airplanes identified as Group 2 airplanes in Boeing 
Service Bulletin 777-57A0064, Revision 1, dated May 6, 2010: Do a 
detailed inspection of the slat cans at the outboard slat number 3 
and 12 outboard main track locations for holes and wear damage and 
do all applicable corrective actions, and replace the downstop 
hardware for the outboard slats number 3 and 12 outboard and inboard 
main track locations, in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 777-57A0064, Revision 1, 
dated May 6, 2010. Do all applicable corrective actions at the 
applicable time specified in paragraph 1.E., ``Compliance,'' of 
Boeing Service Bulletin 777-57A0064, Revision 1, dated May 6, 2010.

Exception to the Service Bulletin

    (h) Where Boeing Service Bulletin 777-57A0064, Revision 1, dated 
May 6, 2010, 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 Service Bulletin 777-57A0064, Revision 1, dated 
May 6, 2010, specifies measuring torque of the nuts of the slat main 
track stop hardware of slats 3 and 12, this AD does not require that 
action for Group 2 airplanes.

Credit for Actions Accomplished Previously

    (j) Actions accomplished before the effective date of this AD 
according to Boeing Alert Service Bulletin 777-57A0064, dated March 
26, 2009, are considered acceptable for compliance with the 
corresponding actions specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(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 Aircraft Certification Office, 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.

Material Incorporated by Reference

    (l) You must use Boeing Service Bulletin 777-57A0064, Revision 
1, dated May 6, 2010, 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.
    (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 June 21, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-16201 Filed 7-12-10; 8:45 am]
BILLING CODE 4910-13-P