Rule2022-08694
Airworthiness Directives; The Boeing Company Airplanes
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Published
April 25, 2022
Effective
May 31, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2016-09- 01, which applied to certain The Boeing Company Model 777-200 and -300 series airplanes. AD 2016-09-01 required repetitive inspections for cracking of the left- and right-side forward outer chords of the pivot bulkhead, and related investigative and corrective actions if necessary. AD 2016-09-01 also provided a modification of the pivot bulkhead, which terminated the repetitive inspections. This AD was prompted by reports of fatigue cracking of the forward outer chord of the station (STA) 2370 pivot bulkhead, and the determination that the compliance times need to be reduced, post-modification inspections must be done, and the inspections areas need to be expanded due to additional cracking found prior to the inspection times required by AD 2016-09-01. This AD retains certain requirements of AD 2016-09-01. This AD also requires doing repetitive detailed and high frequency eddy current (HFEC) inspections of the longeron fitting, and, for post- repair and post-modification inspections, the bulkhead assembly structure, for any cracking, and doing all applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 79 (Monday, April 25, 2022)</title>
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[Federal Register Volume 87, Number 79 (Monday, April 25, 2022)]
[Rules and Regulations]
[Pages 24267-24270]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08694]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 87, No. 79 / Monday, April 25, 2022 / Rules
and Regulations
[[Page 24267]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0828; Project Identifier AD-2021-00303-T;
Amendment 39-21973; AD 2022-06-07]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2016-09-
01, which applied to certain The Boeing Company Model 777-200 and -300
series airplanes. AD 2016-09-01 required repetitive inspections for
cracking of the left- and right-side forward outer chords of the pivot
bulkhead, and related investigative and corrective actions if
necessary. AD 2016-09-01 also provided a modification of the pivot
bulkhead, which terminated the repetitive inspections. This AD was
prompted by reports of fatigue cracking of the forward outer chord of
the station (STA) 2370 pivot bulkhead, and the determination that the
compliance times need to be reduced, post-modification inspections must
be done, and the inspections areas need to be expanded due to
additional cracking found prior to the inspection times required by AD
2016-09-01. This AD retains certain requirements of AD 2016-09-01. This
AD also requires doing repetitive detailed and high frequency eddy
current (HFEC) inspections of the longeron fitting, and, for post-
repair and post-modification inspections, the bulkhead assembly
structure, for any cracking, and doing all applicable on-condition
actions. The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective May 31, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 31,
2022.
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 <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>. 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2021-0828.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0828; 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, any
comments received, and other information. The address for Docket
Operations 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: Luis Cortez-Muniz, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: (206) 231-3958; email: <a href="/cdn-cgi/l/email-protection#3c7049554f127d127f534e4859461171495255467c5a5d5d125b534a"><span class="__cf_email__" data-cfemail="c68ab3afb5e887e885a9b4b2a3bceb8bb3a8afbc86a0a7a7e8a1a9b0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2016-09-01, Amendment 39-18499 (81 FR
26109, May 2, 2016) (AD 2016-09-01). AD 2016-09-01 applied to certain
The Boeing Company Model 777-200 and -300 series airplanes. The NPRM
published in the Federal Register on October 14, 2021 (86 FR 57078).
The NPRM was prompted by reports of fatigue cracking of the forward
outer chord of the STA 2370 pivot bulkhead, and the determination that
the compliance times need to be reduced, post-modification inspections
must be done, and the inspections areas need to be expanded due to
additional cracking found prior to the inspection times required by AD
2016-09-01. In the NPRM, the FAA proposed to retain certain
requirements of AD 2016-09-01. The NPRM also proposed to require doing
repetitive detailed and HFEC inspections of the longeron fitting and,
for certain airplanes, the bulkhead assembly structure, for any
cracking and doing all applicable on-condition actions. The FAA is
issuing this AD to address fatigue cracking of the outer flanges of the
left and right side forward outer chords of the STA 2370 pivot
bulkhead, which could result in a severed forward outer chord and
consequent loss of horizontal stabilizer control.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from an anonymous commenter, The Air Line
Pilots Association, International (ALPA), and United Airlines who
supported the NPRM without change.
The FAA received additional comments from three commenters,
including Air France, Boeing, and an individual. The following presents
the comments received on the NPRM and the FAA's response to each
comment.
Request To Revise the Compliance Time
Air France requested that Boeing and the FAA increase the
inspection threshold to 1,000 flight cycles in the proposed AD. Air
France stated that the proposed AD specifies that operators accomplish
the nondestructive testing inspection within 500 flight cycles and that
this threshold is not compatible in case of findings; this drives an
operator to ground the airplane for a long period of time if a
corrective action needs to be accomplished before further flight. Air
France commented that a minimum of 300 man-hours are required to
accomplish the corrective actions specified in Boeing Service Bulletin
777-53-0076 [which is referenced in Boeing Alert Service Bulletin 777-
53A0075, Revision 2, dated February 22, 2021].
[[Page 24268]]
Air France stated that its request allows operators to plan a C-
check maintenance visit during a time when a repair or the terminating
action specified in Boeing Service Bulletin 777-53-0076 can be
performed without disturbing airplane operations.
The FAA disagrees with the commenter's request. As specified in
Boeing Alert Service Bulletin 777-53A0075, Revision 2, dated February
22, 2021, the compliance time of 500 flight cycles is a grace period
and is only applicable when the airplane exceeds the inspection
threshold. In addition, in developing an appropriate compliance time,
the FAA coordinated with the manufacturer to provide a compliance time
that maintains an acceptable level of safety. However, under the
provisions of paragraph (i) of this AD, the FAA will consider requests
for approval of an extension of the compliance time, if sufficient data
are submitted to substantiate that the change would provide an
acceptable level of safety. The FAA has not changed this final rule in
this regard.
Request To Increase Frequency of Testing and Nondestructive Examining
(NDE) Techniques
An individual requested that Boeing increase the frequency of its
testing in addition to exploring additional NDE techniques (e.g.,
ultrasonic testing) for identifying early indication of high cycle
fatigue. The commenter stated that when looking at probability of
failure, Boeing has identified at least 32 instances of cracking under
the current inspection frequency; however, one of the biggest issues
with the high cyclic fatigue cracking is that it is self-identifying.
The individual commented that while there are various NDE tools and
techniques that can be used to identify cracks once they have started
to propagate, it is incredibly difficult to identify degraded
conditions prior to fracture propagation. The commenter concluded that
the probability of a crack developing unnoticed under the current
inspection frequency should be considered moderate to high.
While the FAA acknowledges the commenter's concern, this AD already
incorporates reduced compliance times for the repetitive detailed and
HFEC inspections, adds new inspection areas for any cracking and also
adds repetitive post-modification inspections to the previous
requirements of AD 2016-09-01. The determination of the mitigating
actions and compliance times were coordinated with the manufacturer and
determined to provide an appropriate interval of time while maintaining
an acceptable level of safety. The FAA has not changed this AD in this
regard.
Request To Clarify Certain Inspection Requirements
Boeing requested that the SUMMARY section of the NPRM be revised to
change the words, ``for certain airplanes, the bulkhead assembly
structure'' to ``for post-repair and post-modification inspections, the
bulkhead assembly structure.'' Boeing stated that the requested change
is to clarify that the inspection of the bulkhead assembly structure is
only required for airplanes that have accomplished the small crack
repair option using Boeing Alert Service Bulletin 777-53A0075, Revision
1, dated December 14, 2015, or the modification using Boeing Service
Bulletin 777-53-0076.
The FAA agrees that the proposed wording provides clarity and has
revised the SUMMARY section of this AD accordingly.
Request To Correct Typographical Error
Boeing requested that the FAA remove the words ``of the'' in the
first sentence under the ``Proposed AD Requirements in this NPRM''
paragraph in the NPRM. Boeing stated that the sentence should be
revised from ``retain certain of the requirements of AD 2016-09-01,''
to ``retain certain requirements of AD 2016-09-01.''
The FAA acknowledges that ``of the'' in the first sentence under
the ``Proposed AD Requirements in this NPRM'' paragraph in the NPRM
should be removed; however, that paragraph is not carried over into
this final rule.
Request To Revise Exception Language
Boeing requested that the FAA revise paragraph (h)(1) of the
proposed AD, which specifies using the effective date of this AD rather
than the Revision 2 date of the service information, to remove the
reference to the ``Effectivity'' paragraph and the Condition columns in
the ``Compliance'' paragraph. Boeing stated that the phrase ``the
Revision 2 date of this Service Bulletin'' is not used in those
locations of the service information.
The FAA agrees with the commenter's request and has revised
paragraph (h)(1) of this AD accordingly.
Conclusion
The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, and any other changes
described previously, this AD is adopted as proposed in the NPRM. None
of the changes will increase the economic burden on any operator.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Service Bulletin 777-53A0075,
Revision 2, dated February 22, 2021. This service information specifies
procedures for, depending on configuration, doing repetitive detailed
and HFEC inspections of the STA 2370 pivot bulkhead forward outer chord
and the longeron fitting for any cracking; doing repetitive post-repair
inspections of the pivot bulkhead forward outer chord, longeron
fitting, and bulkhead assembly structure for any cracking; doing
repetitive post-modification inspections of the pivot bulkhead forward
outer chord, longeron fitting, and bulkhead assembly structure for any
cracking; and doing all applicable on-condition actions. On-condition
actions include modifying the left and right forward outer chords and
upper splice angles, and repair.
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 ADDRESSES.
Costs of Compliance
The FAA estimates that this AD affects 63 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Detailed and HFEC inspections of Up to 15 work-hours $0 Up to $1,275 per Up to $80,325 per
the longeron fitting and pivot x $85 per hour = Up inspection cycle. inspection cycle.
bulkhead forward chord. to $1,275 per
inspection cycle.
[[Page 24269]]
Post-repair inspections.......... Up to 13 work-hours $0 Up to $1,105 per Up to $69,615 per
x $85 per hour = Up inspection cycle. inspection cycle.
to $1,105 per
inspection cycle.
Post-modification inspections.... 18 work-hours x $85 $0 $1,530 per $96,390 per
per hour = $1,530 inspection cycle. inspection cycle.
per inspection
cycle.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary
modifications that would be required based on the results of the
inspection. The FAA has no way of determining the number of aircraft
that might need this modification:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Modification...................... Up to 137 work-hours x $85 $34,086 Up to $45,731.
per hour = Up to $11,645.
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the repairs specified in this AD.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, all of the costs of this 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
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.
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:
0
a. Removing Airworthiness Directive (AD) 2016-09-01, Amendment 39-18499
(81 FR 26109, May 2, 2016); and
0
b. Adding the following new AD:
2022-06-07 The Boeing Company: Amendment 39-21973; Docket No. FAA-
2021-0828; Project Identifier AD-2021-00303-T.
(a) Effective Date
This airworthiness directive (AD) is effective May 31, 2022.
(b) Affected ADs
This AD replaces AD 2016-09-01, Amendment 39-18499 (81 FR 26109,
May 2, 2016) (AD 2016-09-01).
(c) Applicability
This AD applies to The Boeing Company Model 777-200 and -300
series airplanes, certificated in any category, as identified in
Boeing Alert Service Bulletin 777-53A0075, Revision 2, dated
February 22, 2021.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of fatigue cracking of the
forward outer chord of the station (STA) 2370 pivot bulkhead, and
the determination that the compliance times need to be reduced,
post-modification inspections must be done, and the inspections
areas need to be expanded due to additional cracking found prior to
the inspection times required by AD 2016-09-01. The FAA is issuing
this AD to address fatigue cracking of the outer flanges of the left
and right side forward outer chords of the STA 2370 pivot bulkhead,
which could result in a severed forward outer chord and consequent
loss of horizontal stabilizer control.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified by paragraph (h) of this AD: At the
applicable times specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 777-53A0075, Revision 2, dated
February 22, 2021, do all applicable actions identified as ``RC''
(required for compliance) in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Service Bulletin 777-
53A0075, Revision 2, dated February 22, 2021.
[[Page 24270]]
(h) Exceptions to Service Information Specifications
(1) Where the Compliance Time columns of the tables in the
``Compliance'' paragraph of Boeing Alert Service Bulletin 777-
53A0075, Revision 2, dated February 22, 2021, use the phrase ``the
Revision 2 date of this Service Bulletin,'' this AD requires using
``the effective date of this AD.''
(2) Where Boeing Alert Service Bulletin 777-53A0075, Revision 2,
dated February 22, 2021, specifies contacting Boeing for repair
instructions: This AD requires doing the repair using a method
approved in accordance with the procedures specified in paragraph
(i) of this AD.
(i) 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 Related Information. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#063f2b47484b2b55636772726a632b4745492b474b49452b54637773637572754660676728616970"><span class="__cf_email__" data-cfemail="437a6e020d0e6e10262237372f266e02000c6e020e0c006e1126323626303730032522226d242c35">[email protected]</span></a>.
(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.
(4) Except as specified by paragraph (h) of this AD: For service
information that contains steps that are labeled as Required for
Compliance (RC), the provisions of paragraphs (i)(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.
(j) Related Information
For more information about this AD, contact Luis Cortez-Muniz,
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax: (206) 231-
3958; email: <a href="/cdn-cgi/l/email-protection#3d7148544e137c137e524f4958471070485354477d5b5c5c135a524b"><span class="__cf_email__" data-cfemail="226e574b510c630c614d505647580f6f574c4b58624443430c454d54">[email protected]</span></a>.
(k) 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 Service Bulletin 777-53A0075, Revision 2, dated
February 22, 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; internet <a href="https://www.myboeingfleet.com">https://www.myboeingfleet.com</a>.
(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 <a href="/cdn-cgi/l/email-protection#4a2c38642324393a2f293e2325240a242b382b642d253c"><span class="__cf_email__" data-cfemail="a8ceda86c1c6dbd8cdcbdcc1c7c6e8c6c9dac986cfc7de">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on March 10, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-08694 Filed 4-22-22; 8:45 am]
BILLING CODE 4910-13-P
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