

[Federal Register: December 17, 2007 (Volume 72, Number 241)]
[Rules and Regulations]               
[Page 71212-71214]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de07-6]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28854; Directorate Identifier 2007-NM-109-AD; 
Amendment 39-15307; AD 2007-26-05]
RIN 2120-AA64

 
Airworthiness Directives; Boeing Model 777-200, -200LR, -300, and 
-300ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all

[[Page 71213]]

Boeing Model 777-200, -200LR, -300, and -300ER series airplanes. This 
AD requires doing initial and repetitive inspections for cracking of 
the elevator actuator fittings, and replacing any cracked fitting with 
a new fitting. This AD results from a report that a cracked left 
elevator actuator fitting was found on a Model 777 airplane. We are 
issuing this AD to detect and correct a cracked actuator fitting, which 
could detach from the elevator and lead to an unrestrained elevator and 
an unacceptable flutter condition, which could result in loss of 
airplane control.

DATES: This AD becomes effective January 22, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of January 22, 
2008.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Management Facility 

between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Gary Oltman, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
917-6443; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to all Boeing Model 777-
200, -200LR, -300, and -300ER series airplanes. That NPRM was published 
in the Federal Register on August 2, 2007 (72 FR 42326). That NPRM 
proposed to require doing initial and repetitive inspections for 
cracking of the elevator actuator fittings, and replacing any cracked 
fitting with a new fitting.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Revise Incorrect Wording

    Two commenters, Boeing and Continental Airlines, request that we 
revise an incorrect word in the NPRM. The commenters state that, under 
the Relevant Service Information section of the NPRM, the third 
bulleted item, which reads, in part, ``before the accumulation of 
10,000 total flight cycles or within 12 months after the date on the 
service bulletin, whichever occurs first,'' should actually read ``* * 
* whichever occurs later.'' The commenters request that we make this 
change so the NPRM will conform to the actual compliance time specified 
by Boeing Alert Service Bulletin 777-55A0015, dated April 19, 2007, 
which is cited as the appropriate source of service information for 
accomplishing the proposed requirements of the NPRM.
    We partially agree with this request. We agree that the specified 
word ``first'' should be ``later,'' to conform to the service bulletin. 
However, the Relevant Service Information section of the NPRM is not 
carried forward in the final rule; therefore, it is not necessary to 
change the AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD as proposed.

Costs of Compliance

    There are about 619 airplanes of the affected design in the 
worldwide fleet. This AD affects about 138 airplanes of U.S. registry. 
The required inspections take about 4 work hours per airplane, per 
inspection cycle, at an average labor rate of $80 per work hour. Based 
on these figures, the estimated cost of the AD for U.S. operators is 
$44,160, or $320 per airplane, per inspection cycle.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2007-26-05 Boeing: Amendment 39-15307. Docket No. FAA-2007-28854; 
Directorate Identifier 2007-NM-109-AD.

Effective Date

    (a) This AD becomes effective January 22, 2008.

[[Page 71214]]

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing Model 777-200, -200LR, -300, 
and -300ER series airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from a report that a cracked left elevator 
actuator fitting was found on a Model 777 airplane. We are issuing 
this AD to detect and correct a cracked actuator fitting, which 
could detach from the elevator and lead to an unrestrained elevator 
and an unacceptable flutter condition, which could result in loss of 
airplane control.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspections

    (f) At the applicable time specified in paragraph 1.E. 
``Compliance'' of Boeing Alert Service Bulletin 777-55A0015, dated 
April 19, 2007, do an initial dye penetrant or high-frequency eddy 
current (HFEC) inspection for cracking of the elevator actuator 
fittings, and, thereafter, do repetitive dye penetrant, HFEC, or 
detailed inspections at the applicable times specified in paragraph 
1.E. ``Compliance.'' Before further flight, replace any fitting 
found to be cracked during any inspection required by this AD with a 
new fitting having the same part number, or an optional part number 
as identified in the service bulletin. Thereafter, do initial and 
repetitive inspections of the replacement fitting as described in 
paragraph 1.E. of the service bulletin. Do all inspections and 
actions described in this paragraph in accordance with the 
Accomplishment Instructions of the service bulletin; except, where 
the service bulletin specifies a compliance time after the date on 
the service bulletin, this AD requires compliance within the 
specified compliance time after the effective date of this AD.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an 
Authorized Representative for the Boeing Commercial Airplanes 
Delegation Option Authorization Organization who has been authorized 
by the Manager, Seattle ACO, to make those findings. For a repair 
method to be approved, the repair must meet the certification basis 
of the airplane, and the approval must specifically refer to this 
AD.

Material Incorporated by Reference

    (h) You must use Boeing Alert Service Bulletin 777-55A0015, 
dated April 19, 2007, to perform the actions that are required by 
this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approved the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for a copy of this service information. You 
may review copies at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue, SW., Renton, Washington; or at the National Archives 
and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal-register/cfr/ibr-locations.html.


    Issued in Renton, Washington, on December 10, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-24338 Filed 12-14-07; 8:45 am]

BILLING CODE 4910-13-P
