[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Rules and Regulations]
[Pages 54482-54490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22150]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0495; Product Identifier 2017-NM-089-AD; Amendment
39-19716; AD 2019-16-13]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
[[Page 54483]]
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 777-200 and -300 series airplanes. This AD was
prompted by reports of unreliable performance of the water and fuel
scavenge system; failure of the fuel scavenge function can cause
trapped fuel, resulting in unavailable fuel reserves. This AD requires
incorporating operating limitations; or modifying the water and fuel
scavenge systems in the fuel tanks, modifying the fuel jettison system,
making electrical changes in the main equipment center, modifying the
wiring in certain panels, and installing new software. We are issuing
this AD to address the unsafe condition on these products.
DATES: This AD is effective November 14, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 14,
2019.
ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0495.
Examining the AD Docket
You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0495; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is 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: Kevin Nguyen, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206-231-3555; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 777-200 and -300 series airplanes. The NPRM published in the
Federal Register on June 1, 2018 (83 FR 25405). The NPRM was prompted
by reports of unreliable performance of the water and fuel scavenge
system; failure of the fuel scavenge function can cause trapped fuel,
resulting in unavailable fuel reserves. During flight, any water in the
fuel can sink to the bottom of the fuel tank. This water can enter the
fuel scavenge inlets and can then freeze as it travels from the body
center fuel tank into the colder fuel scavenge tubes in the left and
right cheek center fuel tanks (outboard of the side of body ribs). The
flow of scavenge fuel from the center fuel tank to the main fuel tanks
can then decrease or stop. When this occurs, as much as 700 pounds of
fuel can remain unavailable during flight. If the fuel quantity
decreases to the quantity of the unavailable fuel, then fuel exhaustion
will occur, which could lead to subsequent power loss of all engines.
The NPRM proposed to require incorporating operating limitations; or
modifying the water and fuel scavenge systems in the fuel tanks,
modifying the fuel jettison system, making electrical changes in the
main equipment center, modifying the wiring in certain panels, and
installing new software.
Comments
We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment.
Support for the NPRM
The Air Line Pilots Association, International (ALPA) stated that
it supported the intent of the NPRM.
Request To Reduce the Compliance Time
ALPA requested that we reduce the compliance time in paragraph (g)
of the proposed AD from ``36 months after the effective date of this
AD'' to ``12 months after the effective date of this AD,'' for the
action to revise the operating limits in the ``Fuel System--Loading''
section of the ``Certificate Limitations'' section of the FAA-approved
Boeing Model 777 Airplane Flight Manual.
We do not agree with the request to shorten the compliance time.
After considering all the available information, we have determined
that the compliance time, as proposed, which is the same as the
compliance time for the similar recently issued AD 2018-14-08,
Amendment 39-19328 (83 FR 32198, dated July 12, 2018) (``AD 2018-14-
08''), represents an appropriate interval of time in which the required
actions can be performed within the affected fleet, while still
maintaining an adequate level of safety. In developing an appropriate
compliance time, we considered the safety implications and document
update schedules for timely accomplishment of the required actions.
Also, to reduce the compliance time of the proposed AD would
necessitate (under the provisions of the Administrative Procedure Act)
reissuing the notice, reopening the period for public comment,
considering additional comments subsequently received, and eventually
issuing a final rule. That procedure could add unwarranted time to the
rulemaking process. We have determined that further delay of this AD is
not appropriate. However, most ADs, including this one, permit
operators to accomplish the requirements of an AD at a time earlier
than the specified compliance time. If additional data are presented
that would justify a shorter compliance time, we may consider further
rulemaking on this issue. We have not changed this AD in this regard.
Request To Clarify a Statement Referring to Fuel Available During
Flight
American Airlines (AAL) requested that we clarify the statement in
the ``Discussion'' section of the proposed AD that says, ``as much as
700 pounds of fuel can remain unavailable during flight.'' AAL stated
that it is unable to find any Boeing documentation that references 700
pounds of center tank fuel regarding the center tank pump or fuel
scavenge system operation.
We agree to clarify. AD 2016-11-03, Amendment 39-18530 (81 FR
34867, dated June 1, 2016) (``AD 2016-11-03'') applies to certain
Boeing Model 777 airplanes and has similar requirements to modify the
scavenge system. Prior to issuance of AD 2016-11-03, Boeing informed
the FAA that as much as 2,600 pounds of fuel could remain trapped in
the center fuel tank after the center tank override/jettison pumps are
shut off.
Subsequent to the issuance of AD 2016-11-03, Boeing requested an
alternative method of compliance (AMOC) from the FAA and stated that if
the center tank override/jettison pumps are turned on, most of that
2,600 pounds of fuel can be accessed by those
[[Page 54484]]
pumps. Boeing stated that, if a flight is down to the last of its
reserve fuel, fuel exhaustion is a far greater risk than fuel tank
ignition and all fuel pumps should be operated to access as much fuel
as possible.
We concurred with this assessment and asked Boeing to determine the
greatest amount of fuel that would not be accessible by the center tank
override/jettison pumps if they are run until their inlets uncover over
the range of possible airplane attitudes in a low fuel situation.
Boeing responded that up to 700 pounds above the original unusable fuel
level could remain trapped in the center fuel tank. This was the basis
for the 700 pound value specified in the AMOC for AD 2016-11-03, in AD
2018-14-08, and in this AD. We have not changed this AD in this regard.
Request To Clarify What Prompted the Proposed AD
AAL requested that we clarify what prompted the proposed AD. AAL
stated that the proposed AD, AD 2016-11-03 and AD 2018-14-08, included
reports of unreliable performance of the float operated fuel scavenge
system. AAL asked if the reports state that a ``FUEL SCAVENGE SYS''
engine-indicating and crew-alerting system (EICAS) message occurred or
are these simply reports of center tank fuel remaining after flight.
AAL also asked that if the ``FUEL SCAVENGE SYS'' EICAS message did
occur, did the fuel scavenge system not perform to the intended design
criteria, or if the reports are simply reports of the center tank fuel
remaining after flight, do the reports state the amount of fuel in both
the center and main tanks. AAL commented that it is important to
differentiate between normal conditions and fuel scavenge system
failure conditions.
We agree to clarify. Boeing has analyzed the reports referenced in
AD 2016-11-03, AD 2018-14-08, and this AD, and provided that
information to the FAA. Those reports indicated failures of the fuel
scavenge system on Boeing Model 777 airplanes. Some of those reports
included statements that the ``FUEL SCAVENGE SYS'' EICAS message had
displayed. Some reports were from airplanes that had earlier airplane
information management system (AIMS) versions installed that did not
have that message included in the software. The flight times and fuel
tank quantities remaining after flight were included in the information
provided by Boeing. In all cases, the fuel remaining in the tank was
evaluated by Boeing. In each case, Boeing determined that the fuel
scavenge system had failed to function. We have not changed this AD in
this regard.
Request To Clarify Certain Language Regarding Fuel Reserves in the
Proposed AD
AAL stated that the proposed AD said, ``If the fuel quantity
decreases to the quantity of the unavailable fuel, then fuel exhaustion
will occur, which could lead to subsequent power loss of all engines.''
AAL commented that while this is a true statement without context, it
ignores existing Code of Federal Regulations (CFR) requirements for
additional fuel reserves and existing FAA-approved 777 Airplane Flight
Manual (AFM) procedures.
We infer that AAL is requesting that we clarify the statement
provided. We recognize that, for each type of operation, there are
specific detailed requirements in the applicable operating rules that
dictate the amount of reserve fuel that must be loaded prior to flight.
Those requirements for reserve fuel are intended to account for various
anticipated scenarios requiring additional fuel that can occur due to
environmental conditions or due to anticipated single failures.
For any given mission, one of the critical fuel scenarios in the
operating rules will dictate the minimum reserve fuel that must be
carried in addition to mission fuel. Because there is the potential for
up to 700 pounds of that fuel to be trapped, it is necessary to include
this amount to the fuel load calculation in addition to the minimum
fuel reserves calculated in accordance with the operating rules
requirements. The FAA considers operation of airplanes with available
fuel reserve levels below what is required for safe operation by
operating rules to be an unsafe condition. We have not changed this AD
in this regard.
Request To Clarify the ``FUEL SCAVENGE SYS'' Message
AAL stated that from the electrical load management system (ELMS)
logic that sets the ``FUEL SCAVENGE SYS'' EICAS message, 500 pounds or
less of unusable fuel in the center tank is within tolerance for normal
airplane performance and does not trigger a flight crew notification or
record it as a maintenance message according to system design. AAL
stated that the FAA's claim of an unsafe condition is mutually opposed
to the existing fault isolation procedures that state no maintenance
action is necessary.
AAL also commented that if there is 700 pounds of unusable fuel in
the center tank, then only the amount above the acceptable 500-pound
limit, or 200 pounds, should be at issue with respect to the proposed
AD's ``safety'' condition. AAL stated that fuel is consumed during
cruise at 17,500 pounds/hour for a Model 777-200ER airplane at max
cruise range and each 100 pound increment of fuel is consumed about
every 21 seconds.
We infer that the commenter requests a revision to the additional
amount of reserve fuel required by this AD. We do not agree with the
request. We note that the intent of the ``FUEL SCAVENGE SYS'' EICAS
message is to annunciate a failure condition rather than normal
operation. Boeing selected the logic for the message with the intent of
annunciating failures that are likely to trap well over 500 pounds of
fuel, while not creating nuisance messages from intermittent
indications of center tank fuel quantity levels slightly above zero
during normal operation. The fuel quantity indicating system (FQIS) is
calibrated to indicate zero fuel at the unusable fuel level when the
scavenge system functions as intended. In the absence of known system
deficiencies, such as minimum equipment list (MEL) items, or other
limitations, operators are allowed to take credit for all of the fuel
in the center tank as usable fuel down to the zero indicated level.
As discussed previously, we have determined that up to 700 pounds
of center tank fuel is potentially unusable. This AD is intended to
ensure that operators are not operating with less available mission and
reserve fuel than is required by the applicable operating rules by
ensuring that an additional 700 pounds of fuel is loaded to account for
this amount of fuel potentially being unusable. We have not changed
this AD in this regard.
Request To Withdraw the NPRM Based on the Effectiveness of the CFR
Reserve Fuel Requirements
AAL stated that it analyzed Model 777-200 flights over the last 12
months to illustrate the effectiveness of the CFR reserve fuel
requirements. AAL commented that out of 20,255 flights, no airplane
landed with less than 10,500 pounds of fuel or approximately half of
the CFR required fuel reserve. AAL stated that every flight had enough
``insurance'' fuel to fly (cruise) for at least 30 additional minutes.
AAL also stated it has now flown more than 400,000 flights on affected
airplanes since early 1999, without flight operational ramifications
from the fuel scavenge system. AAL stated this proves that the existing
CFR reserve fuel and AFM procedures are more than sufficient to address
any potential fuel scavenge system shortfall, including
[[Page 54485]]
complete fuel scavenge system failure resulting in up to 2,400 pounds
of remaining center tank fuel.
We infer that AAL is requesting that we withdraw the NPRM based on
the effectiveness of the CFR reserve fuel requirements. We do not agree
with the request. The FAA would expect fleet experience to be as
described by the commenter. The critical reserve fuel requirements in
the operating rules account for failure scenarios that are anticipated
to be rare, but for which the FAA has determined that fuel reserves
must be carried. For example, the fuel reserve requirement that often
is most critical in dictating the minimum reserve fuel is the
requirement in 14 CFR 121.646 to carry sufficient fuel for a maximum
length extended-operations (ETOPS) diversion with an engine failure
that causes rapid depressurization of the airplane. That is a rare
failure which was not likely encountered on the flights analyzed by the
commenter during the service period cited. This AD addresses loss of
capability to scavenge fuel in the center fuel tank during a critical
fuel scenario, such as an ETOPS diversion, which could lead to fuel
exhaustion and subsequent power loss of all engines. We have not
changed this AD in this regard.
Request To Address the Accuracy of FQIS
AAL stated that it consulted Ontic (the FQIS original equipment
manufacturer) about the accuracy of the FQIS. AAL commented that under
flight conditions, FQIS accuracy is plus/minus 1 percent at full scale
(main tanks) and 0 to 0.5 percent below 10 percent (center tank). AAL
also commented that the CFR reserve fuel requirements effectiveness
analysis discussed previously used full main tanks and minimum center
tank fuel to determine the maximum effect on flight operations for 700
pounds of unusable fuel. AAL stated that with full main tanks (63,800
pounds each), FQIS is only accurate plus or minus 1,276 pounds.
We infer that AAL requested that we address the accuracy of FQIS.
The figures provided by the FQIS vendor are specification requirements
for accuracy and do not reflect actual performance of the system. While
the FQIS does have some amount of error, much of that error is
accounted for in the calibration of the FQIS installed in individual
tanks when the zero indicated value is adjusted to either match or be
slightly above the actual unusable fuel level.
In addition, the fuel reserve requirements provide a level of
safety margin that the FAA has determined is necessary to ensure safe
operation in consideration of anticipated environmental and failure
conditions. A very small number of flights with available fuel reserves
slightly below the required level may occur due to non-latent system
failures, and the FAA has determined this does not present an
unacceptable risk. However, the FAA considers operation of airplanes
with available fuel reserve levels below what is required for safe
operation by operating rules to be an unsafe condition. We have not
changed this AD in this regard.
Request To Revise Paragraph (g) of the Proposed AD To Allow Alternative
Action
AAL requested that we provide an alternative action to the revision
required by paragraph (g) of the proposed AD, which proposed changes to
the operating limitations by requiring an additional 700 pounds of
reserve fuel when the center tank fuel is required. AAL proposed an
alternative requirement to add a statement to the Non-Normal section of
the AFM that, in the event of a ``FUEL SCAVENGE SYS'' EICAS message,
the flight crew should make an assessment of the remaining fuel
reserves, and as an option, they can choose to turn on the center tank
pump(s) until the message clears (center fuel tank quantity falls below
500 pounds) or until the pump low pressure light illuminates
continuously, whichever occurs first. AAL stated that the Model 777
airplane has a ``FUEL QTY LOW'' EICAS caution message that will display
when there is less than 4,500 pounds of fuel in the left or right main
fuel tank. AAL commented that the AFM Non-Normal procedures call for,
among other actions, turning all fuel pump switches ON. AAL also
commented that turning on the center tank fuel pumps can draw the
center tank fuel quantity ``down to a fuel quantity as low as 300
lbs.''.
We infer that the commenter considers that, as long as the center
fuel tank override/jettison pumps are operated beyond the point where
the ``FUEL SCAVENGE SYS'' EICAS message is extinguished (due to less
than 500 pounds fuel remaining in the center fuel tank) or until the
center tank fuel pump low pressure lights are illuminated continuously,
the amount of fuel for which usable fuel credit was taken, but which
actually remains trapped, is so small it has no safety impact.
AAL commented that ``carrying an additional 700 lbs. of dead weight
each flight provides no safety benefit, provides no value to the
operation, is redundant to existing AFM procedures during potential low
fuel situations and results in a substantial annual fuel penalty for
the fleet.''.
AAL also requests that, if the alternative requirement is added to
the proposed AD, it also be allowed as a method of compliance for AD
2016-11-03 and AD 2018-14-08 via an AD revision.
We do not agree with the commenter's request. Regarding the ``FUEL
QTY LOW'' EICAS caution message, the procedure described by the
commenter does not ensure that the up to 700 pounds of fuel that
remains trapped due to the scavenge system failure to function will
still be available as usable fuel. As discussed previously, Boeing has
informed the FAA that up to 700 pounds of fuel above the original
unusable fuel level can remain trapped.
The FAA does not agree that the additional 700 pounds of fuel
required by this AD provides no safety benefit. As previously
explained, the fuel reserve operating requirements are necessary to
ensure safe operation in consideration of environmental conditions such
as head winds and icing conditions, and reasonably anticipated failure
conditions that can significantly increase the amount of fuel needed to
safely complete a flight. For example, the fuel reserve requirement in
14 CFR 121.646 to carry fuel to accommodate a maximum length ETOPS
diversion, following an engine failure that causes a rapid
depressurization, is often the critical requirement that dictates the
minimum reserve fuel that must be carried. While such failures are
rare, the FAA determined all ETOPS flights are required to carry that
extra fuel even though the vast majority of those flights will not need
it.
The FAA notes that, while the reported events did not occur during
ETOPS flights, at least two engine failures causing rapid
depressurization have occurred in the last two years on other transport
airplanes. Also, engine failures that released high energy debris
beyond the engine nacelle, which could cause a rapid depressurization,
have occurred on the Boeing Model 777 airplane, including at least
three events in the last five years. The FAA has determined an unsafe
condition exists when an airplane design deficiency results in failure
of the fuel system to provide access to the full amount of fuel, for
which credit is taken by the operator as usable fuel to meet the
operating rules.
The FAA also does not agree with the AAL proposal to instruct
flight crews to
[[Page 54486]]
turn on the center tank pumps if a ``FUEL SCAVENGE SYS'' EICAS message
is displayed after those pumps are turned off in response to the ``FUEL
LOW CENTER'' EICAS message. The fuel pumps are turned off when the
``FUEL LOW CENTER'' EICAS message is displayed to avoid dry running of
the fuel pumps, which presents a potential fuel tank ignition risk.
This message was included in the ELMS software installation specified
in paragraph (i)(1) of AD 2011-09-05, Amendment 39-16667 (76 FR 22305,
April 21, 2011) (``AD 2011-09-05''). The FAA agrees with Boeing, as
discussed previously, that turning the center tank fuel pumps back on
in a low fuel situation is appropriate because such cases would be rare
and in those cases the risk of fuel exhaustion exceeds the risk of a
fuel tank ignition event. However, we do not consider the fuel tank
ignition risk that would be posed by potentially running the center
pumps to the point where they run dry every time the scavenge system
fails, as proposed by the commenter, to be acceptable.
Therefore, we have not changed this AD in this regard.
Request To Exempt Operators From Certain Requirements in the Proposed
AD
AAL requested that we provide a statement in the proposed AD to
exempt operators from accomplishing the requirements in paragraphs (g)
and (h) of the proposed AD if an operator's normal flight plan requires
a minimum of 700 pounds of fuel above and beyond existing CFR
requirements.
We disagree with the commenter's request. This AD requires an
operator to carry 700 pounds of fuel in addition to the amount of fuel
required by the applicable operating rules due to that amount of fuel
being considered unusable. While some operators may be currently
voluntarily loading an extra 700 pounds of fuel, this AD requires
changes to the operator manuals to ensure the appropriate amount of
fuel is loaded for each flight. Therefore, we have not changed this AD
in this regard.
Request To Address the CFR Basis for Applying Fuel Reserves
AAL requested that the proposed AD should state the CFR basis for
applying the additional 700-pound reserve fuel requirement for
compliance verification purposes.
We agree to clarify. The requirements of this AD address the
identified unsafe condition via an amendment to 14 CFR part 39, which
applies in addition to the applicable operating rules. We do not intend
for this AD to replace or revise the operating rule requirements for
fuel reserves. Those requirements are defined in the various applicable
operating rules, and they vary with the type of operation being
performed. The intent of this AD is that, once the operator has
determined the minimum mission and reserve fuel that are required by
the applicable operating rules, an additional 700 pounds of fuel must
be added to the minimum required fuel load to account for the potential
of up to 700 pounds of unusable fuel in the center tank due to failure
of the scavenge system. We have not changed this AD in this regard.
Request for Credit for Remote Certification Airplane
Boeing requested that we give credit to a ``remote certification
airplane'' that had accomplished Boeing Service Bulletin 777-28-0082
RC01, dated December 7, 2015. Boeing stated that as part of the Boeing
Service Bulletin 777-28-0082 remote certification program, the change
was completed on airplane WB035 using Boeing Service Bulletin 777-28-
0082 RC01, dated December 7, 2015, which occurred before Boeing Special
Attention Service Bulletin 777-28-0082, dated May 26, 2016, was issued,
and is equivalent to Boeing Special Attention Service Bulletin 777-28-
0082. Boeing commented that this remote certification airplane is
referenced in Boeing Special Attention Service Bulletin 777-28-0082,
dated May 26, 2016; and Boeing Special Attention Service Bulletin 777-
28-0082, Revision 1, dated May 1, 2017.
We disagree with the commenter's request. Airplane WB035 completed
the remote certification by completing Boeing Service Bulletin 777-28-
0082 RC01, dated December 7, 2015, and several other necessary Boeing
service information documents. At this time, based on the information
submitted by the commenter, it is not clear to the FAA that the
configuration of WB035 is equivalent to that called for by Boeing
Special Attention Service Bulletin 777-28-0082. To show that the final
configuration of airplane WB035 is equivalent to the Boeing Special
Attention Service Bulletin 777-28-0082 configuration, the operator or
Boeing may submit additional data to the FAA and request approval of an
AMOC under the provisions of paragraph (j) of this AD. We have not
changed this AD in this regard.
Request To Use Information Notices in the Proposed AD
Boeing, Delta Airlines (DAL), and United Airlines (UAL) requested
that we revise the proposed AD to allow the use of certain information
notices to complete the actions specified in paragraph (h) of the
proposed AD. Boeing, DAL, and UAL stated that this would avoid
operators having to request an AMOC for the deviations allowed by these
information notices.
Boeing stated that Boeing Information Notice 777-28-0082 IN 03,
dated May 25, 2017; Boeing Information Notice 777-28-0082 IN 04, dated
December 19, 2017; and Boeing Information Notice 777-28-0082 IN 05,
dated January 30, 2018, provide clarifications, improvements, and
deviations, concurred by Boeing authorized representatives where
applicable.
UAL noted that the information notices affect steps and figures
marked as ``RC'' (required for compliance) in the related service
bulletin.
DAL stated the changes in the information notices are required for
some airplanes and configurations in order to comply with Boeing
Special Attention Service Bulletin 777-28-0082 (i.e., an operator would
not be able to comply with Boeing Special Attention Service Bulletin
777-28-0082, Revision 1, dated May 1, 2017, as currently written). DAL
commented that issuing a final rule that operators cannot comply with
as written should be avoided and places additional burden on operators.
We agree with the commenters that the information notices provide
clarifications, improvements, and deviations, which avoid the need to
request an AMOC. We note that Boeing has released Boeing Special
Attention Service Bulletin 777-28-0082, Revision 2, dated May 31, 2019,
which incorporates the clarifications, improvements, and deviations in
the information notices. We have revised paragraph (h) of this AD to
refer to Boeing Special Attention Service Bulletin 777-28-0082,
Revision 2, dated May 31, 2019. We have also revised paragraph (i) of
this AD to provide credit for Boeing Special Attention Service Bulletin
777-28-0082, dated May 26, 2016, and Boeing Special Attention Service
Bulletin 777-28-0082, Revision 1, dated May 1, 2017, along with the
related information notices.
Request for AMOC Credit for AD 2011-09-15
Boeing requested that the proposed AD be revised to make it an AMOC
for paragraph (g) of AD 2011-09-15, Amendment 39-16677 (76 FR 24345,
May 2, 2011) (``AD 2011-09-15''). Boeing stated that paragraph (g) of
AD 2011-09-15 requires installation of new ELMS software, an addition
of left and right jettison pump auto shutoff relays,
[[Page 54487]]
installation of ground fault interrupter relays and making changes in
the ELMS P110/P210 and P301/P302 equipment panels.
Boeing commented that Boeing Special Attention Service Bulletin
777-28-0082, Revision 1, dated May 1, 2017, also requires installation
of new ELMS software and modification of the ELMS P110/P210 and P301/
P302 equipment panels. Boeing also commented that accomplishment of the
engine fuel feed system modification specified in paragraph (h) of the
proposed AD for installing ELMS software and making changes in the
equipment panels is an acceptable AMOC for paragraph (g) of AD 2011-09-
15.
We agree to clarify. Boeing Special Attention Service Bulletin 777-
28-0082 already states that the FAA approves the actions specified in
the service bulletin as an AMOC to certain requirements of AD 2011-09-
15. Therefore, we do not need to revise this AD to specify this
information.
Request To Add Certain Language to This AD
DAL requested that we add certain language to this AD that allows
installing the ELMS software version specified in paragraph (h) of this
AD without requiring AMOCs be requested for AD 2011-09-15 and AD 2014-
11-01, Amendment 39-17851 (79 FR 31851, June 3, 2014) (``AD 2014-11-
01''). DAL stated that they reviewed AD 2011-09-15 and AD 2014-11-01
because of the ELMS software changes that were required in those ADs.
DAL stated that paragraph (g) of AD 2011-09-15 requires the
accomplishment of Boeing Service Bulletin 777-28A0037, Revision 2,
dated September 20, 2010, which includes a requirement to install new
ELMS software. DAL commented that paragraph (h)(5) of AD 2014-11-01
requires the accomplishment of Boeing Service Bulletin 777-24-0087,
Revision 2, dated August 16, 2007; or Boeing Service Bulletin 777-
28A0039, Revision 2, dated September 20, 2010, which also includes a
requirement to install new ELMS software.
In addition, DAL stated that installing the ELMS software, as
described in paragraph (h) of the proposed AD, will violate the ELMS
software installation requirements of AD 2011-09-05 and AD 2014-11-01.
DAL requested that a paragraph be added to this AD that allows the ELMS
software installed in accordance with Boeing Special Attention Service
Bulletin 777-28-0082, as required by paragraph (h) of this AD, to be
accomplished without the need for operators to request an AMOC to the
ELMS software installation requirements of AD 2011-09-05 and AD 2014-
11-01. DAL proposed that this added paragraph contains language similar
to paragraph (j)(5) in this AD, or language similar to that in
paragraph (h)(5) of AD 2014-11-01 (see AD 2014-11-01 comment ``Request
to Allow Use of Later Revisions of ELMS Service Information'').
We agree with the commenter's request because we have determined
that the ELMS1 OPS software installation specified in paragraph (h) of
this AD is acceptable for compliance with the ELMS OPS software
installations required in AD 2011-09-15 and AD 2014-11-01. We have
added paragraph (j)(6) of this AD that states the ELMS1 OPS software
installation specified in paragraph (h) of this AD is acceptable for
compliance with the ELMS OPS software requirement specified in
paragraph (h)(5) of AD 2014-11-01, provided all provisions of AD 2014-
11-01 that are not specifically described in paragraph (j)(6) of this
AD are complied with accordingly. As discussed in the previous comment,
an AMOC to AD 2011-09-15 is not needed in this AD because Boeing
Special Attention Service Bulletin 777-28-0082 already received an AMOC
approved for the ELMS software installation requirements in AD 2011-09-
15.
Request To Clarify the Requirements of Paragraphs (g) and (h) of the
Proposed AD
DAL requested that we clarify the requirements in paragraphs (g)
and (h) of the proposed AD. DAL asked the following questions:
Can operators only perform paragraph (g) of the proposed
AD and be in compliance with the proposed AD?
Can operators only perform paragraph (h) within 36 months
after the effective date of the proposed AD and be in compliance with
the proposed AD?
Must operators perform paragraph (g) of the AD regardless
of their intent to accomplish paragraph (h) and be in compliance with
the proposed AD?
If paragraph (g) of the proposed AD is accomplished within
36 months after the effective date of the proposed AD, then if the
operator performs paragraph (h) of the proposed AD, can figure 1 to
paragraph (g) of this AD be removed from the referenced flight manuals
and remain in compliance with the proposed AD?
We agree to clarify. Operators must either accomplish the actions
required by paragraph (g) of this AD or the actions required by
paragraph (h) of this AD, within 36 months after the effective date of
this AD. An operator does not need to accomplish the actions required
by paragraph (g) of this AD as long as the operator accomplishes the
actions specified in paragraph (h) of this AD within the required
compliance time (36 months after the effective date of this AD). If an
operator accomplishes the actions required by paragraph (g) of this AD,
and subsequently accomplishes the actions required by paragraph (h) of
this AD on an airplane, then the requirements of paragraph (g) of this
AD are terminated and figure 1 to paragraph (g) of this AD can be
removed from the airplane's AFM and the weight and balance control and
loading manual. We have not changed this AD in this regard.
Request To Revise the Costs of Compliance in the Proposed AD
AAL requested that we revise the Costs of Compliance paragraph in
the proposed AD. AAL stated that the Costs of Compliance paragraph
neglects to list the cost of carrying the additional 700 pounds of
reserve fuel. AAL commented that the labor cost estimate only reflects
what is in the Boeing service information, but it does not account for
actual labor expenditures. AAL also commented that the proposed AD
generally addresses older airplanes, which eliminates any warranty
coverage.
We partially agree with the commenter's request. We agree with
adjusting the cost to reflect more accurate labor expenditures. We have
revised the Costs of Compliance paragraph in this AD to reflect the
labor cost for the fuel system modification of 850 work-hours based on
the information submitted by the commenter. However, we do not agree to
include the additional fuel costs in this AD. We recognize that, in
doing the actions required by an AD, operators might incur operational
costs in addition to the direct costs. The cost analysis in AD
rulemaking actions typically does not include incidental or operational
costs, such as additional fuel costs, time to gather materials and
tools, etc. Those costs, which might vary significantly among
operators, have not been included in this AD.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the changes described previously and minor
editorial changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
[[Page 54488]]
Do not add any additional burden upon the public than was
already proposed in the NPRM.
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related Service Information Under 1 CFR Part 51
We reviewed Boeing Special Attention Service Bulletin 777-28-0082,
Revision 2, dated May 31, 2019. This service information describes
procedures for modifying the water and fuel scavenge systems in the
fuel tanks on each side of the airplane, modifying the fuel jettison
system, making electrical changes in the main equipment center,
modifying the wiring in the ELMS P110 and P210 equipment panels, and
installing new ELMS1 software. The FQIS wire bundle W8011 adjustment is
intended to prevent the wire bundle from rubbing with a new fuel
scavenge inlet tube. The electrical changes in the main equipment
center include installing additional relays on the ELMS P301 and P302
equipment panels, and making wiring changes. This service information
is reasonably available because the interested parties have access to
it through their normal course of business or by the means identified
in the ADDRESSES section.
Costs of Compliance
We estimate that this AD affects 111 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Incorporation operating limitations... 1 work-hour x $85 per $0 $85 $9,435
hour = $85.
----------------------------------------------------------------------------------------------------------------
Estimated Costs for Optional Actions
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Fuel system modification................... 850 work-hours x $85 per hour = $85,572 $157,822
$72,250.
P110 and P210 equipment panel changes...... 2 work-hours x $85 per hour = $170. 0 170
----------------------------------------------------------------------------------------------------------------
According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.
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.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.
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) Will not affect intrastate aviation in Alaska, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
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 airworthiness
directive (AD):
2019-16-13 The Boeing Company: Amendment 39-19716; Docket No. FAA-
2018-0495; Product Identifier 2017-NM-089-AD.
(a) Effective Date
This AD is effective November 14, 2019.
(b) Affected ADs
This AD affects AD 2002-16-15, Amendment 39-12854 (67 FR 54333,
August 22, 2002) (``AD 2002-16-15'') and AD 2014-11-01, Amendment
39-17851 (79 FR 31851, June 3, 2014) (``AD 2014-11-01'').
(c) Applicability
This AD applies to The Boeing Company Model 777-200 and -300
series airplanes, certificated in any category, as identified in
Boeing Special Attention Service Bulletin 777-28-0082, Revision 2,
dated May 31, 2019.
[[Page 54489]]
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by reports of unreliable performance of the
water and fuel scavenge system; failure of the fuel scavenge
function can cause trapped fuel, resulting in unavailable fuel
reserves. We are issuing this AD to address loss of capability to
scavenge fuel in the center fuel tank, which could lead to fuel
exhaustion and subsequent power loss of all engines.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Revision to Operating Limitations
Within 36 months after the effective date of this AD: Revise the
operating limitations in the documents specified in paragraphs
(g)(1) and (2) of this AD to include the text in figure 1 to
paragraph (g) of this AD.
(1) ``Fuel System--Loading'' section of the ``Certificate
Limitations'' section of the FAA-approved Boeing Model 777 Airplane
Flight Manual.
(2) ``Loading Limitations'' section of the ``Fuel Loading
Procedures'' section of the ``Fuel Management'' section of the FAA-
approved Boeing Model 777 Weight and Balance Control and Loading
Manual.
[GRAPHIC] [TIFF OMITTED] TR10OC19.000
(h) Optional Terminating Action to Paragraph (g) of This AD
Modifying the fuel tank fuel and water scavenge systems,
modifying the fuel jettison system, making electrical changes in the
main equipment center, modifying the wiring in the electrical load
management system (ELMS) P110 and P210 panels, and installing new
ELMS1 software, by doing all applicable actions identified as ``RC''
(required for compliance) in, and in accordance with, the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 777-28-0082, Revision 2, dated May 31, 2019, is an optional
terminating action to the requirements of paragraph (g) of this AD.
(i) Credit for Previous Actions
This paragraph provides credit for the actions specified in
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using the service information specified in
any of paragraphs (i)(1) through (4) of this AD.
(1) Boeing Special Attention Service Bulletin 777-28-0082, dated
May 26, 2016.
(2) Boeing Special Attention Service Bulletin 777-28-0082, dated
May 26, 2016, in conjunction with Boeing Information Notice 777-28-
0082 IN 01, dated May 27, 2016; and Boeing Information Notice 777-
28-0082 IN 02, dated October 11, 2016.
(3) Boeing Special Attention Service Bulletin 777-28-0082,
Revision 1, dated May 1, 2017.
(4) Boeing Special Attention Service Bulletin 777-28-0082,
Revision 1, dated May 1, 2017, in conjunction with Boeing
Information Notice 777-28-0082 IN 03, dated May 25, 2017; Boeing
Information Notice 777-28-0082 IN 04, dated December 19, 2017; and
Boeing Information Notice 777-28-0082 IN 05, dated January 30, 2018.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle ACO Branch, 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 branch, send it to the attention of the person
identified in paragraph (k)(1) 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, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO, FAA, to make those findings. To be approved, the repair method,
modification deviation, or alteration deviation must meet the
certification basis of the airplane, and the approval must
specifically refer to this AD.
(4) For service information that contains steps that are labeled
as RC, the provisions of paragraphs (j)(4)(i) and (ii) of this AD
apply.
(i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
(ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.
(5) For airplanes in Groups 1 through 4, and 7 through 14, as
defined in Boeing Special Attention Service Bulletin 777-28-0082,
Revision 1, dated May 1, 2017: Accomplishment of the engine fuel
feed system modification specified in paragraph (h) of this AD is
acceptable for compliance with the routing requirements of fuel
quantity indicating system wire bundle W8011 in the left side of the
body center fuel tank specified in paragraph (a)(2) of AD 2002-16-
15, provided all provisions of AD 2002-16-15 that are not
specifically described in this paragraph are complied with
accordingly.
(6) Accomplishment of the ELMS1 OPS software installation
specified in paragraph (h) of this AD is acceptable for compliance
with the ELMS OPS software requirement specified in paragraph (h)(5)
of AD 2014-11-01, provided all provisions of AD 2014-11-01 that are
not specifically described in this paragraph are complied with
accordingly.
(k) Related Information
(1) For more information about this AD, contact Kevin Nguyen,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3555; email: [email protected].
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(3) and (4) of this AD.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Special Attention Service Bulletin 777-28-0082,
Revision 2, dated May 31, 2019.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com.
(4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
[[Page 54490]]
(5) You may view this 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, email [email protected], or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on September 27, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-22150 Filed 10-9-19; 8:45 am]
BILLING CODE 4910-13-P