[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Proposed Rules]
[Pages 18099-18101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06042]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0429; Project Identifier AD-2022-00775-T]
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: The FAA proposes to adopt a new airworthiness directive (AD) 
for all The Boeing Company Model 777 airplanes. This proposed AD was 
prompted by an evaluation by the design approval holder (DAH) that 
found the force limiter assemblies for the lateral control mechanism 
are not breaking out within the maximum design force requirements. This 
proposed AD would require inspecting or doing a records review to 
determine if a certain part number force limiter assembly is installed, 
and replacing affected force limiter assemblies with serviceable force 
limiter assemblies. The AD would also prohibit the installation of 
affected parts. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 11, 
2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0429; 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 NPRM, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For The Boeing Company service information identified in 
this NPRM, 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; website 
myboeingfleet.com.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety 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 at 
regulations.gov by searching for and locating Docket No. FAA-2023-0429.

FOR FURTHER INFORMATION CONTACT: Douglas Y. Tsuji, Senior Aerospace 
Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 
South 216th St., Des Moines, WA 98198; phone: 206 231 3548; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-0429; Project Identifier 
AD-2022-00775-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent Douglas 
Y. Tsuji, Senior Aerospace Engineer, Systems and Equipment Section, 
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone: 206-231-3548; email: [email protected]. Any commentary that 
the FAA receives that is not specifically designated as CBI will be 
placed in the public docket for this rulemaking.

Background

    The FAA has received a report from Boeing that it found an issue in 
production with the force limiter assemblies for the lateral control 
mechanism on the Model 777 airplanes not breaking out within the 
maximum design force requirements. The force limiter assemblies have a 
pre-loaded spring that lets them compress or extend when higher than 
normal forces are applied to a control wheel. During normal flight 
conditions, the force limiter assemblies are set in their neutral 
position and supply the load path for roll control. If there is a jam 
of a control wheel, the breakout mechanism from the force limiter 
assemblies lets the other control wheel operate and continue roll 
control. When a jam/restriction occurs on one side of the lateral 
controls, the pilot may not be able to override the jam preventing 
lateral control from the wheel. An investigation by Boeing found that 
too much BMS3-23 Corrosion Inhibiting Compound (CIC) was used during 
the assembly of the force limiter which resulted in an increase in 
their breakout forces. This condition, if not addressed, could result 
in the loss of lateral control from the wheel and potentially affect 
continued safe flight and landing.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 777-27A0124 RB, 
dated October 27, 2021. This service information specifies procedures 
for replacing the lower and upper force limiter assemblies, part number 
(P/N) 253W1263-1, with force limiter assemblies, P/N 253W1263-3.
    This service information is reasonably available because the 
interested parties

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have access to it through their normal course of business or by the 
means identified in ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require inspecting or doing a records review 
to determine if a certain part number force limiter assembly is 
installed, and as applicable, accomplishing the actions specified in 
the service information already described, except as discussed under 
``Differences Between this Proposed AD and the Service Information'' 
and except for any differences identified as exceptions in the 
regulatory text of this proposed AD. This proposed AD would also 
prohibit the installation of affected parts. For information on the 
procedures and compliance times, see this service information at 
regulations.gov by searching for and locating Docket No. FAA-2023-0429.

Differences Between This Proposed AD and the Service Information

    The effectivity of Boeing Alert Requirements Bulletin 777-27A0124 
RB, dated October 27, 2021, is limited to Model 777-200LR, -300ER, and 
777F series airplanes, line numbers 1531 through 1707 inclusive. 
However, the applicability of this proposed AD includes all Boeing 
Model 777-200, -200LR, -300, -300ER, and 777F series airplanes. Because 
the affected parts are rotable parts, the FAA has determined that these 
parts could later be installed on airplanes that were initially 
delivered with acceptable parts, thereby subjecting those airplanes to 
the unsafe condition. The FAA has confirmed with Boeing that the 
Accomplishment Instructions in Boeing Alert Requirements Bulletin 777-
27A0124 RB, dated October 27, 2021, are applicable to the expanded 
group of airplanes.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 353 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection or records review........  1 work-hour x $85 per                $0              $85          $30,005
                                       hour = $85.
----------------------------------------------------------------------------------------------------------------


                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement..................................  7 work-hours x $85 per hour =            $8,960           $9,555
                                                $595.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed AD may be covered under warranty, thereby reducing the 
cost impact on affected operators.

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.
    The FAA is 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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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

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:

The Boeing Company: Docket No. FAA-2023-0429; Project Identifier AD-
2022-00775-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 11, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 777-200, -200LR, 
-300, -300ER, and 777F series airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval 
holder that the force limiter assemblies for the lateral control 
mechanism are not breaking out within the

[[Page 18101]]

maximum design force requirements. The FAA is issuing this AD to 
address the force limiter assemblies not breaking out within the 
maximum design force requirements. The unsafe condition, if not 
addressed, could result in the loss of lateral control from the 
wheel and potentially affect continued safe flight and landing.

(f) Compliance

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

(g) Required Actions

    (1) Within 12 months after the effective date of this AD, 
inspect the force limiter assembly to determine whether part number 
(P/N) 253W1263-1 is installed. A review of airplane maintenance 
records is acceptable in lieu of this inspection if the part number 
of the force limiter assembly can be conclusively determined from 
that review.
    (2) If, during an inspection or records review required by 
paragraph (g)(1) of this AD, any force limiter assembly, part number 
(P/N) 253W1263-1, is found, at the applicable times specified in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 777-
27A0124 RB, dated October 27, 2021, except as specified by paragraph 
(h) of this AD, do all applicable actions identified in, and in 
accordance with, the Accomplishment Instructions of Boeing Alert 
Requirements Bulletin 777-27A0124 RB, dated October 27, 2021.
    Note 1 to paragraph (g): Guidance for accomplishing the actions 
required by this AD can be found in Boeing Alert Service Bulletin 
777-27A0124 RB, dated October 27, 2021, which is referred to in 
Boeing Alert Requirements Bulletin 777-27A0124 RB, dated October 27, 
2021.

(h) Exceptions to Service Information Specifications

    Where the Compliance Time columns of the tables in the 
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 777-
27A0124 RB, dated October 27, 2021, use the phrase ``the original 
issue date of Requirements Bulletin 777-27A0124 RB,'' this AD 
requires using ``the effective date of this AD.''

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a 
force limiter assembly, P/N 253W1263-1, on any airplane.

(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 responsible Flight Standards Office, 
as appropriate. If sending information directly to the manager of 
the certification office, send it to the attention of the person 
identified in paragraph (k) 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 responsible Flight Standards 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 Branch, 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.

(k) Related Information

    For more information about this AD, contact Douglas Y. Tsuji, 
Senior Aerospace Engineer, Systems and Equipment Section, FAA, 
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; 
phone: 206 231 3548; email: [email protected].

(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 Alert Requirements Bulletin 777-27A0124 RB, dated 
October 27, 2021.
    (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; website myboeingfleet.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (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 protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 5, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-06042 Filed 3-24-23; 8:45 am]
BILLING CODE 4910-13-P