[Federal Register Volume 77, Number 150 (Friday, August 3, 2012)]
[Proposed Rules]
[Pages 46340-46343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18882]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0803; Directorate Identifier 2011-NM-214-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) that applies to all The Boeing Company Model 777-200, -200LR, -
300, and -300ER series airplanes. The existing AD currently requires 
repetitive inspections for cracking of the elevator actuator fittings. 
Since we issued that AD, the manufacturer has developed a modification 
that was approved as an optional terminating action to the currently 
required repetitive inspections. We have been advised that the 
modification procedures include certain incorrect torque values. This 
proposed AD would require, for previously modified airplanes, 
repetitive inspections for movement of the fittings or fastener heads, 
and eventual replacement of certain bolts (including related 
investigative and corrective actions if necessary). For all airplanes, 
this replacement, with corrected torque values, would terminate the 
requirements of the AD. This proposed AD would also remove certain 
airplanes from the applicability. We are proposing this AD to detect 
and correct a cracked actuator fitting or incorrectly installed bolts 
to the actuator fitting, which could lead to the elevator becoming 
detached and unrestrained, and a consequent unacceptable flutter 
condition and loss of control of the airplane.

DATES: We must receive comments on this proposed AD by September 17, 
2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing 
Commercial Airplanes, Attention: Data & Services Management, P. O. Box 
3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, 
extension 1; fax 206-766-5680; 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 (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Melanie Violette, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue SW., Renton, WA 985057-3356; phone: 425-917-6422;

[[Page 46341]]

fax: 425-917-6590; email: [email protected].

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-2012-0803; 
Directorate Identifier 2011-NM-214-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

    On December 10, 2007, we issued AD 2007-26-05, Amendment 39-15307 
(72 FR 71212, December 17, 2007), for all Boeing Model 777-200, -200LR, 
-300, and -300ER series airplanes. That AD requires initial and 
repetitive inspections for cracking of the elevator actuator fittings, 
and replacement of any cracked fitting with a new fitting. That AD 
resulted from a report of a cracked left elevator actuator fitting. We 
issued that AD to detect and correct a cracked actuator fitting, which 
could detach from the elevator and lead to an unrestrained elevator and 
an unacceptable flutter condition, and consequent loss of airplane 
control.

Actions Since Existing AD Was Issued

    The preamble to AD 2007-26-05, Amendment 39-15307 (72 FR 71212, 
December 17, 2007), specifies that we consider the requirements 
``interim action'' and that the manufacturer is developing a 
modification to address the unsafe condition. AD 2007-26-05 also 
explains that we might consider further rulemaking if a modification is 
developed, approved, and available. The manufacturer developed such a 
modification, which is specified in Boeing Alert Service Bulletin 777-
55A0016, dated October 27, 2009. We issued an alternative method of 
compliance (AMOC) specifying that the optional accomplishment of the 
actions specified in Boeing Alert Service Bulletin 777-55A0016, dated 
October 27, 2009, terminate the requirements of AD 2007-26-05. Boeing 
Alert Service Bulletin 777-55A0016, dated October 27, 2009, however, 
specified incorrect torque values for the BACB30NR4K6 and BACB30NR4K7 
bolts, which could recreate the original unsafe condition. We have thus 
determined that further rulemaking is necessary to address this 
potentially reintroduced unsafe condition.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 777-55A0016, Revision 1, 
dated August 25, 2011, which describes procedures for replacing the 
elevator actuator fitting assemblies with new assemblies, and torquing 
the bolts with correct torque values, which eliminates the need for the 
repetitive inspections required by AD 2007-26-05, Amendment 39-15307 
(72 FR 71212, December 17, 2007).
    Boeing Alert Service Bulletin 777-55A0016, Revision 1, dated August 
25, 2011, also describes additional work for airplanes that were 
modified using Boeing Alert Service Bulletin 777-55A0016, dated October 
27, 2009, which specified certain incorrect fastener torque values. For 
those airplanes that were modified using the incorrect torque values, 
Boeing Alert Service Bulletin 777-55A0016, Revision 1, dated August 25, 
2011, also describes procedures for repetitive detailed inspections for 
movement of the fastener heads and the fittings along the spar web of 
the elevator actuator fitting assemblies, and eventual replacement of 
the 12 bolts common to the elevator actuator fitting and the spar web 
(including related investigative and corrective actions), which 
eliminates the need for the repetitive inspections. Related 
investigative actions include a detailed inspection for fitting damage, 
a detailed inspection of the composite spar web for damage, and an 
ultrasonic inspection for cracks, delaminations, and damage. Corrective 
actions include contacting Boeing and doing the repairs.
    We also reviewed Boeing Service Bulletin 777-55A0015, Revision 3, 
dated November 24, 2009, which describes the same actions as Boeing 
Alert Service Bulletin 777-55A0015, dated April 19, 2007 (which was 
cited in AD 2007-26-05, Amendment 39-15307 (72 FR 71212, December 17, 
2007), as the appropriate source of service information for the 
required actions), and adds an optional terminating action for certain 
inspection requirements using Boeing Alert Service Bulletin 777-
55A0016, dated October 27, 2009.

Differences Between Proposed Rule and Service Bulletin

    Boeing Alert Service Bulletin 777-55A0016, Revision 1, dated August 
25, 2011, 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:
     In accordance with 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.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of these same type 
designs.

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 2007-26-05, 
Amendment 39-15307 (72 FR 71212, December 17, 2007). This proposed AD 
would remove new production airplanes from the applicability. This 
proposed AD would also require accomplishing the actions specified in 
the service information described previously.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2007-26-05, 
Amendment 39-15307 (72 FR 71212, December 17, 2007). Since AD 2007-26-
05 was issued, the AD format has been revised, and certain paragraphs 
have been rearranged. As a result, the corresponding paragraph 
identifier has changed in this proposed AD, as listed in the following 
table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
      Requirement in existing AD
   2007[dash]26[dash]05, Amendment       Corresponding  requirement in
39[dash]15307 (72 FR 71212,  December          this  proposed AD
              17, 2007))
------------------------------------------------------------------------
              Paragraph (f)                        paragraph (g)
------------------------------------------------------------------------

Costs of Compliance

    We estimate that this proposed AD affects 139 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

[[Page 46342]]



                                                                     Estimated Costs
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                Action                            Labor cost            Parts cost      Cost per product                Cost on U.S. operators
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Inspection (retained actions from AD    10 work-hours x $85 per hour            $0  $850 per inspection       $118,150 per inspection cycle.
 2007[dash]26[dash]05, Amendment         = $850 per inspection cycle.                cycle.
 39[dash]15307 (72 FR 71212, December
 17, 2007)).
Inspection (new proposed action)......  14 work-hours x $85 per hour            $0  $1,190..................  Up to $165,410 per inspection cycle.
                                         = $1,190 per inspection
                                         cycle.
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    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the proposed 
inspections. We have no way of determining the number of aircraft that 
might need these replacements:

                                               On-condition Costs
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                                                                                                       Cost per
                    Action                                    Labor cost                 Parts cost    product
----------------------------------------------------------------------------------------------------------------
Fitting replacement...........................  132 work-hours x $85 per hour =             $21,643      $32,863
                                                 $11,220.
Bolt replacement..............................  105 work-hours x $85 per hour = $8,925           65        8,990
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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

    We have 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 that the 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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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 removing airworthiness directive 
(AD) 2007-26-05, Amendment 39-15307 (72 FR 71212, December 17, 2007), 
and adding the following new AD:

The Boeing Company: Docket No. FAA-2012-0803; Directorate Identifier 
2011-NM-214-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by September 17, 
2012.

(b) Affected ADs

    This AD supersedes AD 2007-26-05, Amendment 39-15307 (72 FR 
71212, December 17, 2007).

(c) Applicability

    This AD applies to The Boeing Company Model 777-200, -200LR, -
300, and -300ER series airplanes; certificated in any category, as 
identified in Boeing Alert Service Bulletin 777-55A0016, Revision 1, 
dated August 25, 2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by a report of a cracked left elevator 
actuator fitting, and the recent determination that certain 
incorrect torque values had been specified for an alternative method 
of compliance intended to terminate the requirements of the existing 
AD. We are issuing this AD to detect and correct a cracked actuator 
fitting or incorrectly installed bolts to the actuator fitting, 
which could lead to the elevator becoming detached and unrestrained, 
and a consequent unacceptable flutter condition and loss of control 
of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Inspections and Corrective Actions With No Changes

    This paragraph restates the inspections and corrective actions 
required by paragraph (f) of AD 2007-26-05, Amendment 39-15307 (72 
FR 71212, December 17, 2007), with no changes.
    (1) Do all inspections and actions described in paragraphs 
(g)(1) and (g)(2) of this AD, in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin 777-55A0015, dated 
April 19, 2007; or Boeing Alert Service Bulletin 777-55A0015, 
Revision 3, dated November 24, 2009. As of the effective date of 
this AD, Boeing Alert Service Bulletin 777-55A0015, Revision 3, 
dated November 24, 2009, must be used to accomplish the actions 
required by this paragraph. At the applicable time specified in 
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin 
777-55A0015,

[[Page 46343]]

dated April 19, 2007, except as provided by paragraph (g)(3) of this 
AD, do an initial dye penetrant or high-frequency eddy current 
(HFEC) inspection for cracking of the elevator actuator fittings, 
and, thereafter, do repetitive dye penetrant, HFEC, or detailed 
inspections at the applicable times specified in paragraph 1.E., 
``Compliance,'' of Boeing Alert Service Bulletin 777-55A0015, dated 
April 19, 2007.
    (2) Before further flight, replace any fitting found to be 
cracked during any inspection required by paragraph (g)(1) of this 
AD with a new fitting having the same part number, or an optional 
part number as identified in Boeing Alert Service Bulletin 777-
55A0015, dated April 19, 2007; or Boeing Service Bulletin 777-
55A0015, Revision 3, dated November 24, 2009. Thereafter, do initial 
and repetitive inspections of the replacement fitting at the time 
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service 
Bulletin 777-55A0015, dated April 19, 2007.
    (3) Where Boeing Alert Service Bulletin 777-55A0015, dated April 
19, 2007, specifies a compliance time after the date on that service 
bulletin, this AD requires compliance within the specified 
compliance time after January 22, 2008 (the effective date of AD 
2007-26-05, Amendment 39-15307 (72 FR 71212, December 17, 2007)).

(h) New Additional Actions for Certain Airplanes

    For airplanes on which the elevator actuator fitting assemblies 
have been replaced in accordance with and using the fastener torque 
values specified in Boeing Alert Service Bulletin 777-55A0016, dated 
October 27, 2009: Within 180 days after the effective date of this 
AD, do a detailed inspection of the elevator actuator fitting 
assemblies to detect discrepancies (including indications of 
fastener head movement, and fitting movement along the spar web), in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 777-55A0016, Revision 1, dated August 25, 2011.
    (1) If no discrepancy is detected, do the actions specified in 
paragraphs (h)(1)(i) and (h)(1)(ii) of this AD:
    (i) Repeat the inspection thereafter at intervals not to exceed 
90 days or 360 flight cycles, whichever occurs first, until the 
actions specified in paragraph (h)(1)(ii) are done.
    (ii) Within 4,200 flight cycles or 750 days after the effective 
date of this AD, whichever occurs first, replace the 12 bolts common 
to the elevator actuator fitting and the spar web, and do all 
applicable related investigative and corrective actions, in 
accordance with the Accomplishment Instructions of Boeing Alert 
Service Bulletin 777-55A0016, Revision 1, dated August 25, 2011, 
except as provided by paragraph (j) of this AD. Do all applicable 
related investigative and corrective actions before further flight. 
The replacement of all 12 bolts in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 777-
55A0016, Revision 1, dated August 25, 2011, terminates the 
requirements of this AD for that fitting only.
    (2) If any discrepancy is detected, before further flight, 
replace the 12 bolts common to the elevator actuator fitting and the 
spar web using new parts, and do all applicable related 
investigative and corrective actions, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 777-
55A0016, Revision 1, dated August 25, 2011, except as provided by 
paragraph (j) of this AD. Do all applicable related investigative 
and corrective actions before further flight. The replacement of all 
12 bolts in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 777-55A0016, Revision 1, dated August 
25, 2011, terminates the requirements of this AD for that fitting 
only.

(i) New Optional Replacement of Elevator Actuator Fitting Assembly

    For airplanes on which the elevator actuator fitting assemblies 
have not been replaced in accordance with Boeing Alert Service 
Bulletin 777-55A0016, dated October 27, 2009: Replacement of these 
fitting assemblies with new parts, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin 777-
55A0016, Revision 1, dated August 25, 2011, except as provided by 
paragraph (j) of this AD, terminates the requirements of this AD.

(j) Exception

    If any discrepancy or cracking is found during any inspection 
required by this AD, and Boeing Alert Service Bulletin 777-55A0016, 
Revision 1, dated August 25, 2011, specifies to contact Boeing for 
appropriate action: Before further flight, repair, using a method 
approved in accordance with the procedures specified in paragraph 
(l) of this AD.

(k) Credit for Previous Actions

    (1) This paragraph provides credit for inspecting and replacing 
the elevator actuator fitting assemblies, as required by paragraphs 
(h) and (i) of this AD, if the replacement was performed before the 
effective date of this AD using Boeing Alert Service Bulletin 777-
55A0016, dated October 27, 2009, and using the correct torque values 
as specified in Boeing Alert Service Bulletin 777-55A0016, Revision 
1, dated August 25, 2011.
    (2) This paragraph provides credit for inspecting and replacing 
actuator fittings, as required by paragraph (g) of this AD, if the 
inspection and replacement was performed before the effective date 
of this AD using the service bulletins specified in paragraphs 
(k)(2)(i) and (k)(2)(ii) of this AD and using the correct torque 
values as specified in Boeing Alert Service Bulletin 777-55A0016, 
Revision 1, dated August 25, 2011.
    (i) Boeing Service Bulletin 777-55A0015, Revision 1, dated 
January 31, 2008.
    (ii) Boeing Service Bulletin 777-55A0015, Revision 2, dated 
December 4, 2008.

(l) Alternative Methods of Compliance (AMOCs)

    (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. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (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.
    (4) AMOCs approved for AD 2007-26-05, Amendment 39-15307 (72 FR 
71212, December 17, 2007), are not approved as AMOCs for this AD.

(m) Related Information

    (1) For more information about this AD, contact Melanie 
Violette, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, 
Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, 
WA 985057-3356; phone: 425-917-6422; fax: 425-917-6590; email: 
[email protected].
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; 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 985057-3356. For information on 
the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on July 25, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 2012-18882 Filed 8-2-12; 8:45 am]
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