[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: 
kevin.nguyen@faa.gov.

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: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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: kevin.nguyen@faa.gov.
    (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 fedreg.legal@nara.gov, 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


