Airworthiness Directives; The Boeing Company Airplanes, 59570-59575 [2015-24677]
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Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
(ii) Reserved.
(3) For Lockheed service information
identified in this AD, contact Lockheed
Martin Corporation/Lockheed Martin
Aeronautics Company, Airworthiness Office,
Dept. 6A0M, Zone 0252, Column P–58, 86 S.
Cobb Drive, Marietta, GA 30063; telephone
770–494–5444; fax 770–494–5445; email
ams.portal@lmco.com; Internet https://
www.lockheedmartin.com/ams/tools/
TechPubs.html.
(4) You may view this service information
at FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(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, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on
September 18, 2015.
Dorr M. Anderson,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2015–24839 Filed 10–1–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2014–0128; Directorate
Identifier 2013–NM–133–AD; Amendment
39–18278; AD 2015–19–16]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for The
Boeing Company Model 777 airplanes
equipped with Rolls-Royce Trent 800
series engines. This AD was prompted
by reports of in-flight separation of the
engine’s aft plug from the forward plug,
which are the two parts of the turbine
exhaust plug assembly. This AD
requires installation of a serviceable
turbine exhaust plug assembly (for
certain airplanes), and a general visual
inspection (for certain airplanes) to
determine the diameter of the bolt used
at the forward and aft plug interface,
and applicable corrective actions. We
are issuing this AD to prevent
separation of the aft plug from the
forward plug of the turbine exhaust plug
assembly, which could result in parts
departing the airplane and hitting the
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SUMMARY:
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empennage, and destabilizing the
airplane during a critical flight phase. In
addition, parts remaining on a runway
could pose a hazard to another airplane.
DATES: This AD is effective November 6,
2015.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of November 6, 2015.
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data
& Services Management, P.O. Box 3707,
MC 2H–65, Seattle, WA 98124–2207;
telephone 206–544–5000, extension 1;
fax 206–766–5680; Internet https://
www.myboeingfleet.com. You may view
this referenced service information at
the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the
availability of this material at the FAA,
call 425–227–1221. It is also available
on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2014–
0128.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2014–
0128; 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 (phone: 800–647–5527) is
Docket 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:
Kevin Nguyen, Aerospace Engineer,
Propulsion Branch, ANM–140S, Seattle
Aircraft Certification Office (ACO),
FAA, 1601 Lind Avenue SW., Renton,
WA 98057–3356; phone: 425–917–6501;
fax: 425–917–6590; 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 The Boeing Company Model
777 airplanes equipped with RollsRoyce Trent 800 series engines. The
NPRM published in the Federal
Register on March 3, 2014 (79 FR
11725); corrected March 11, 2014 (79 FR
PO 00000
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13592). The NPRM was prompted by
reports of in-flight separation of the
engine’s aft plug from the forward plug,
which are the two parts of the turbine
exhaust plug assembly. The NPRM
proposed to require installation of a
serviceable turbine exhaust plug
assembly (for certain airplanes), and a
general visual inspection (for certain
airplanes) to determine the diameter of
the bolt used at the forward and aft plug
interface, and applicable corrective
actions. We are issuing this AD to
prevent separation of the aft plug from
the forward plug of the turbine exhaust
plug assembly, which could result in
parts departing the airplane and hitting
the empennage, and destabilizing the
airplane during a critical flight phase. In
addition, parts remaining on a runway
could pose a hazard to another airplane.
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comments
received on the NPRM (79 FR 11725,
March 3, 2014; corrected March 11,
2014 (79 FR 13592); and the FAA’s
response to each comment.
Request To Match Compliance Time
Cathay Pacific requested that we
ensure that the AD compliance date will
be the same as the compliance time of
Boeing Special Attention Service
Bulletin 777–78–0051, Revision 3, dated
August 23, 2012; or Boeing Special
Attention Service Bulletin 777–78–
0051, Revision 4, dated February 7,
2014. Cathay Pacific reasoned that
paragraph (i) of the proposed AD
specified compliance within 60 months
after the effective date of the proposed
AD, and both revisions of this service
information specify a compliance time
that is within 60 months after the
Revision 3 date of the service bulletin.
We infer that Cathay Pacific is
requesting that we reduce the
compliance time of this final rule to
match the compliance time listed in the
service information. We do not agree
with the commenter’s request. In
developing an appropriate compliance
time for this action, we considered not
only the degree of urgency associated
with addressing the subject unsafe
condition, but the manufacturer’s
recommendation for an appropriate
compliance time, the time required for
the rulemaking process, the availability
of required parts, and the practical
aspect of installing the required
modification within an interval of time
that corresponds to the typical
scheduled maintenance for the majority
of affected operators. Under the
provisions of paragraph (l) of this AD,
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we may approve requests for
adjustments to the compliance time, if
data are submitted to substantiate that
such an adjustment would provide an
acceptable level of safety. We have not
changed the AD in this regard.
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Request To Define ‘‘Serviceable’’ To
Include Pre-Boeing Service Bulletin
777–78–0051 Plug Assemblies
Cathay Pacific requested that we
revise paragraph (j) of the proposed AD;
corrected March 11, 2014 (79 FR 13592)
to define ‘‘serviceable’’ plug assemblies.
Cathay Pacific reasoned that both preand post-Boeing Service Bulletin 777–
78–0051 plug assemblies can be
installed, and the modification can be
completed before the required
compliance time of the NPRM (79 FR
11725, March 3, 2014; corrected March
11, 2014 (79 FR 13592)).
We do not agree to revise paragraph
(j) of this AD because serviceable
assemblies are already defined in
paragraph (h) of this AD. This definition
applies to the entire AD. Also, preBoeing Service Bulletin 777–78–0051
plug assemblies do not meet the
definition of serviceable, as specified in
the service information.
Request To Revise Definition of a
Serviceable Assembly
American Airlines (AA) requested
that we revise paragraph (h) of the
proposed AD to add another definition:
Serviceable plug assemblies, as those
maintained in accordance with the
operator’s continued airworthiness
maintenance program (CAMP), prior to
issuance of Boeing Special Attention
Service Bulletin 777–78–0051, Revision
3, dated August 23, 2012. AA explained
that prior to release of Boeing Special
Attention Service Bulletin 777–78–
0051, Revision 3, dated August 23,
2012, due to reported events of exhaust
plug losses by other operators, AA
recognized that multiple removals of the
exhaust aft plug causes the 3/16″
nutplate locking feature to wear out,
which could then result in loss of the aft
plug. As a result, AA implemented a
maintenance program as part of its
CAMP, which offers a level of safety
equivalent to that of Boeing Special
Attention Service Bulletin 777–78–
0051, Revision 3, dated August 23,
2012. During every engine removal, for
a refurbishment or overhaul shop visit,
the pre-Boeing Special Attention
Service Bulletin 777–78–0051, Revision
3, dated August 23, 2012, exhaust aft
plug nutplates are replaced with new
nutplates.
In addition, AA stated that the holes
are inspected for elongation and cracks
in accordance with procedures
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equivalent to Boeing Special Attention
Service Bulletin 777–78–0051
inspection procedures. Model 777
Airplane Maintenance Manual Chapter
78–11–02–400–803–R00, requires that
the minimum fastener run-on torque of
2 in-lbs is met during every installation
of the aft exhaust plug. In addition, each
of the exhaust aft plug fasteners receives
a general visual check, using a ladder/
stand and a bright light, every 150 flight
hours. AA expressed that it is currently
the largest Model 777–200 Trent 800
operator in the worldwide fleet and has
not lost an exhaust aft plug due to loose
or missing fasteners, as its CAMP
demonstrates an equivalent level of
safety to the service information.
As an alternative, AA requested that
we revise the NPRM (79 FR 11725,
March 3, 2014; corrected March 11,
2014 (79 FR 13592)) to include, as
serviceable exhaust aft plugs, those
maintained in accordance with the
operator’s own maintenance program,
such as AA’s approved CAMP prior to
issuance of Boeing Special Attention
Service Bulletin 777–78–0051, Revision
3, dated August 23, 2012, and to remain
in service until the next engine removal
for refurbishment or overhaul shop visit,
or 60 months from the effective date of
the AD, whichever is later.
We do not agree to include the
requested provision. The maintenance
program described by AA is likely to be
acceptable in lieu of direct compliance
with portions of this AD; however, the
description of that program provided in
AA’s comment is not sufficient to serve
as engineering data for the FAA to
approve as an optional method of
compliance in this AD. Operators can
submit a request for approval of an
alternative method of compliance
(AMOC), with a more detailed proposal
to use the maintenance program, if
sufficient data are submitted to
substantiate that the change would
provide an acceptable level of safety.
We have not changed this AD in this
regard.
Request To Change Compliance Time of
Parts Installation Limitation
Boeing and Cathay Pacific requested
that we revise paragraph (j) of the
proposed AD to change the installation
limitation from the effective date of the
AD to the compliance deadline for the
AD. Boeing reasoned that paragraph (j)
of the proposed AD currently creates an
alternative and indeterminate
compliance deadline. Boeing explained
that during the compliance interval and
prior to the AD deadline, operators may
be required, due to unforeseen
circumstances, to install a unit that is
not a serviceable unit, and that under
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59571
the current wording, this would
unnecessarily ground the airplane.
We do not agree to revise paragraph
(j) of this AD to change the installation
limitation from the effective date of the
AD to the compliance date of the AD.
Grace period compliance times are
provided in ADs in recognition that an
immediate unscheduled modification
requirement would be disruptive. A
grace period is included to give
operators a reasonable period of time to
schedule and perform actions that are
required by the AD and that otherwise
would not have occurred. A parts
installation limitation is included in
some cases to require that, if the parts
affected by the AD are already being
removed for a reason other than the AD
itself, that opportunity to correct the
unsafe condition should be taken. We
determine whether such a parts
installation limitation should be
included in the AD, and what the
specific requirements of the limitation
will be, based on the risk level
associated with the unsafe condition
and the expected availability of required
replacement parts.
In this case, we made a determination
that the risk warranted the
consideration of a parts installation
limitation. We also determined that
sufficient parts would be available to
meet that limitation, and that sufficient
time to perform any required actions to
make a nozzle assembly serviceable as
defined in paragraph (h) of this AD
would exist in situations where the
nozzle might be removed in
maintenance. Specifically, we
considered the case of an unscheduled
engine change where an operator may
not have included a serviceable nozzle
assembly with the replacement engine.
Modification of a nozzle assembly to
meet the definition of a serviceable
nozzle can be performed in roughly the
same or less elapsed time than it takes
to perform the engine replacement itself.
We did not foresee any other commonly
occurring situation where an engine
nozzle assembly would be removed for
maintenance. However, as discussed in
response to the comment issue ‘‘Request
to Revise Definition of a Serviceable
Assembly,’’ if an operator specifically
and adequately addresses the
management of this unsafe condition
within its CAMP, we will consider
AMOC approvals to allow installation of
nozzle assemblies that do not meet the
definition of serviceable nozzle in
paragraph (h) of this AD.
We clarified paragraph (j) of this AD
as a result of these comments. We
considered the explanatory statements
about the intent of the parts installation
limitation language used in several
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recent ADs, and determined that
different language should be used in
this case to more clearly convey the
intent of the parts installation limitation
contained in this AD. We have added
the words ‘‘or re-install’’ to paragraph (j)
to clarify that any installation of a
nozzle assembly, regardless of the
reason for the removal of the nozzle
assembly and regardless of the source of
the replacement nozzle assembly, is
subject to the parts installation
limitation of paragraph (j) of this AD.
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Request To Clarify Paragraph (j) of the
Proposed AD
AA requested that we clarify
paragraph (j) of the proposed AD. AA
explained that paragraph (j) of the
proposed AD allows that only a
serviceable turbine exhaust plug
assembly may be installed on any
airplane as of the effective date of this
AD, while paragraph (i) of the proposed
AD requires a compliance time within a
certain time after the effective date of
this AD, without any referral to
serviceable turbine exhaust plug
assembly. AA reasoned that as written,
these steps are confusing and could lead
operators to believe the actions required
by the AD are due as of the effective
date of this AD.
We agree with the commenter and
have clarified paragraph (j) of this AD
by including references to paragraphs
(h)(1) and (h)(2) of this AD.
Request To Clarify the AMOC
Paragraph
Boeing requested that we revise
paragraph (k)(3) of the proposed AD
(paragraph (l)(3) of this AD) to indicate
that an AMOC, approved for a repaired
serviceable unit is to be attached to, and
travel with, the repaired serviceable
unit. Boeing explained that the AMOC
approval should apply to the deviation
on the serviceable unit and thereby
travel with the serviceable unit, which
is rotable and could be installed on
numerous airplanes during its service
life. Boeing also explained that a unit
repaired in accordance with an
approved AMOC will fulfill the intent of
airplane safety when the unit is
installed on an airplane, and that the
unit will be in compliance with the AD
as long as the part is serviceable as
defined by the AD.
We agree with the commenter and
have revised paragraph (l)(3) of this AD
accordingly.
Request To Use the CAMP
AA requested that we revise the
NPRM (79 FR 11725, March 3, 2014;
corrected March 11, 2014 (79 FR
13592)), to include language that allows
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the optional re-identification of the
exhaust plug with the correct postBoeing Special Attention Service
Bulletin 777–78–0051, part number
identity in accordance with a method
approved by the operator’s approved
CAMP, as the CAMP provides an
equivalent level of safety. AA explained
that prior to the release of Boeing
Special Attention Service Bulletin 777–
78–0051, Revision 3, dated August 23,
2012, AA implemented a maintenance
program to install data plates on the
forward and aft exhaust plug. The plates
were installed because the manufacturer
part number and serial number, which
were chemical-etched on the exhaust
plug skin by the manufacturer, were no
longer legible. AA stated that the data
plates contain the original part number,
a company-assigned serial number, and
the text ‘‘MATCHED SET. DO NOT
SEPARATE.’’ AA added that the
installed identification plates are in the
same location as, but a different length
than, the plates specified in Boeing
Special Attention Service Bulletin 777–
78–0051, Revision 3, dated August 23,
2012.
We agree to allow alternative
permanent part-marking methods. If the
markings contain the required
information and are permanent, the
intent of the marking requirement is
addressed, and additional flexibility is
provided to operators. Therefore, partmarking methods for the CAMP might
be approved, provided that the markings
are permanent and contain the
information specified in Boeing Special
Attention Service Bulletin 777–78–
0051, Revision 4, dated February 7,
2014. We have added this information
to paragraph (g) of this AD accordingly.
Request To Eliminate AMOC Approval
Requirement for Previous Repairs
AA requested that we revise
paragraph (h) of the proposed AD, to
allow repairs accomplished prior to the
release of this AD, in accordance with
Boeing instructions and approved per
14 CFR part 121.379, or a Boeing ODA,
to be included as acceptable repairs in
this AD, without the requirement to
obtain a Boeing ODA AMOC or Seattle
Aircraft Certification Office AMOC
approval.
AA explained that, prior to release of
the NPRM (79 FR 11725, March 3, 2014;
corrected March 11, 2014 (79 FR
13592)); exhaust aft plugs have received
repairs at the exhaust aft plug mate line
during inspection or during
incorporation of Boeing Special
Attention Service Bulletin 777–78–
0051, Revision 3, dated August 23,
2012, utilizing procedures provided by
Boeing without Boeing ODA approval;
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rather, the repair was approved per 14
CFR part 121.379. AA expressed that
paragraph (h) of the proposed AD
specifies using a repair method
approved in accordance with the
procedures specified in paragraph (k) of
the proposed AD, and these previously
accomplished repairs, which followed
Boeing repair instructions, offer an
equivalent level of safety to the NPRM.
We partially agree with the request.
We agree to add paragraph (l)(4) in this
AD to eliminate the requirement for
subsequent AMOC approval for repairs
that were previously approved by the
Boeing ODA, using an FAA Form 8100–
9, and having met the requirements of
paragraph (h) of this AD, for the
definition of serviceable turbine exhaust
plug assemblies. We are confident that
the Boeing ODA repair approval process
ensures that each repair is reviewed by
qualified engineering staff with
knowledge of the original airplane
design and compliance substantiation.
At the same time, we want to ensure
that those repairs would have a
configuration that meets the definition
of serviceable turbine exhaust plug
assemblies as defined in the service
information. We have added paragraph
(l)(4) in this AD to state that repairs
approved prior to the effective date of
this AD, by the Boeing ODA using FAA
Form 8100–9, and having met the
requirements of paragraph (h) of this AD
for the definition of serviceable turbine
exhaust plug assemblies, do not require
AMOC approval.
We disagree, however, to eliminate
the AMOC approval requirement for
repairs approved by other means. Even
though Boeing Service Engineering may
have provided a ‘‘no technical
objection’’ statement, qualified
engineering staff with knowledge of the
original airplane design and compliance
substantiation may not have been
involved in evaluating the repair. We
have not changed this AD in this regard.
Additional Changes to This AD
We have revised this AD to refer to
Boeing Special Attention Service
Bulletin 777–78–0051, Revision 4, dated
February 7, 2014, as the appropriate
source of service information for the
required actions. Among other things,
this service information adds Group 2
airplanes to paragraph 1.E.,
‘‘Compliance;’’ includes a maintenance
records check; adds a general visual
inspection to determine the diameter of
the bolt used at the forward and aft plug
interface; and adds applicable corrective
actions—all of which we have clarified
in new paragraph (g)(4) of this AD.
Paragraphs (g)(3) and (c) of the proposed
AD already accounted for the Group 2
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airplanes defined in Boeing Special
Attention Service Bulletin 777–78–
0051, Revision 4, dated February 7,
2014. Paragraph (g)(2) of the proposed
AD accounted for the required actions.
We have also added a new paragraph
(k) to this AD to provide credit for
certain actions, if those actions were
performed before the effective date of
this AD using Boeing Special Attention
Service Bulletin 777–78–0051, Revision
3, dated August 23, 2012. We have
redesignated the subsequent paragraphs
of this AD accordingly.
Conclusion
We reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting this AD
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 (79 FR
11725, March 3, 2014; corrected March
11, 2014 (79 FR 13592)) for correcting
the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM (79 FR 11725,
March 3, 2014; corrected March 11,
2014 (79 FR 13592)).
We also determined that these
changes will not increase the economic
burden on any operator or increase the
scope of this AD.
0051, Revision 4, dated February 7,
2014. Among other things, this service
information adds Group 2 airplanes to
paragraph 1.E., ‘‘Compliance;’’ includes
a maintenance records check; adds a
general visual inspection to determine
the diameter of the bolt used at the
forward and aft plug interface; and adds
applicable corrective actions. 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 of
this AD.
Related Service Information Under 1
CFR Part 51
We estimate that this AD affects 35
airplanes of U.S. registry.
We estimate the following costs to
comply with this AD:
We reviewed Boeing Special
Attention Service Bulletin 777–78–
Costs of Compliance
ESTIMATED COSTS
Action
Labor cost
Installation .......................................................
General visual inspection ................................
5 work-hours × $85 per hour = $425 .............
2 work-hours × $85 per hour = $170 .............
We estimate the following costs to do
any necessary replacement that would
be required based on the results of the
inspection. We have no way of
Cost per
product
Parts cost
$0
$0
Cost on U.S.
operators
$425
$170
$14,875
$5,950
determining the number of aircraft that
might need this replacement:
ON-CONDITION COSTS
Labor cost
Parts cost
Cost per
product
5 work-hours × $85 per hour = $425 ...........................
$0
$425
Action
Replacement (replacing the
inch bolts).
⁄ -inch bolts with
3 16
⁄ -
14
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Authority for This Rulemaking
Regulatory Findings
List of Subjects in 14 CFR Part 39
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 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),
(3) Will not affect intrastate aviation
in Alaska, and
(4) 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.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2015–19–16 The Boeing Company:
Amendment 39–18278; Docket No.
FAA–2014–0128; Directorate Identifier
2013–NM–133–AD.
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(a) Effective Date
This AD is effective November 6, 2015.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 777–200, –200LR, –300,–300ER, and
777F series airplanes; certificated in any
category; equipped with Rolls-Royce Trent
800 series engines.
(d) Subject
Air Transport Association (ATA) of
America Code 78, Engine Exhaust.
(h) Definition of Serviceable Assembly
(e) Unsafe Condition
This AD was prompted by reports of inflight separation of the engine’s aft plug from
the forward plug, which are the two parts of
the turbine exhaust plug assembly. We are
issuing this AD to prevent separation of the
aft plug from the forward plug of the turbine
exhaust plug assembly, which could result in
parts departing the airplane and hitting the
empennage or hitting a person on the ground,
and destabilizing the airplane during a
critical flight phase; parts remaining on a
runway could cause damage to another
airplane.
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Installation and General Visual
Inspection
At the applicable time specified in
paragraph 1.E., ‘‘Compliance,’’ of Boeing
Special Attention Service Bulletin 777–78–
0051, Revision 4, dated February 7, 2014,
except as provided by paragraph (i) of this
AD, do the applicable actions specified in
paragraphs (g)(1), (g)(2), (g)(3), and (g)(4) of
this AD, in accordance with the
Accomplishment Instructions of Boeing
Special Attention Service Bulletin 777–78–
0051, Revision 4, dated February 7, 2014.
Alternative part marking methods are
allowed for the requirements of this
paragraph, if approved by the FAA principal
maintenance inspector, provided that the
markings are permanent and contain the
information required by Boeing Special
Attention Service Bulletin 777–78–0051,
Revision 4, dated February 7, 2014.
(1) For airplanes identified as Group 1,
Configuration 1, in Boeing Special Attention
Service Bulletin 777–78–0051, Revision 4,
dated February 7, 2014: Install a serviceable
turbine exhaust plug assembly.
(2) For airplanes identified as Group 1,
Configurations 2 and 3, in Boeing Special
Attention Service Bulletin 777–78–0051,
Revision 4, dated February 7, 2014: Do a
general visual inspection to determine the
diameter of the bolt used at the forward and
aft plug interface, and before further flight,
do all applicable corrective actions.
(3) For airplanes listed in paragraph (c) of
this AD that are not listed in the ‘‘Effectivity’’
section of Boeing Special Attention Service
Bulletin 777–78–0051, Revision 4, dated
February 7, 2014: Do a general visual
inspection to determine if a serviceable
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turbine exhaust plug assembly is installed. If
a serviceable turbine exhaust plug assembly
is not installed, before further flight, install
a serviceable turbine exhaust plug assembly.
(4) For airplanes identified as Group 2, in
Boeing Special Attention Service Bulletin
777–78–0051, Revision 4, dated February 7,
2014: Do a maintenance records check to
determine affected turbine exhaust plug
assemblies, and for affected assemblies, do a
general visual inspection to determine the
diameter of the bolt used at the forward and
aft plug interface, and before further flight,
do all applicable corrective actions.
For the purposes of this AD, an acceptable
serviceable turbine exhaust plug assembly
must meet the conditions specified in
paragraph (h)(1) or (h)(2) of this AD.
(1) A new assembly with part number
314W5520–22.
(2) A serviceable assembly as defined in
the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 777–78–
0051, Revision 4, dated February 7, 2014;
except, for any assembly on which the
actions specified in Part 2 or Part 3 of the
Accomplishment Instructions of Boeing
Special Attention Service Bulletin 777–78–
0051, Revision 4, dated February 7, 2014, are
done, and Boeing Special Attention Service
Bulletin 777–78–0051, Revision 4, dated
February 7, 2014, specifies to contact Boeing
for repair instructions, this AD requires
repair before further flight, using a method
approved in accordance with the procedures
specified in paragraph (l)(1) of this AD.
(i) Exception to Service Information
Specifications
Where paragraph 1.E., ‘‘Compliance,’’ of
Boeing Special Attention Service Bulletin
777–78–0051, Revision 4, dated February 7,
2014, specifies a compliance time ‘‘after the
Revision 3 date of this service bulletin,’’ or
‘‘after the Revision 4 date of this service
bulletin,’’ this AD requires compliance
within the applicable time after the effective
date of this AD.
(l) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle Aircraft
Certification Office (ACO), 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, send it to the
attention of the person identified in
paragraph (m) of this AD. Information may be
emailed to: 9-ANM-Seattle-ACO-AMOCRequests@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
required by this AD if it is approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that 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.
An AMOC approved as described in this
paragraph for a specific serviceable nozzle
assembly may be transferred with that nozzle
assembly to another aircraft without an
additional AMOC approval being required.
(4) Repairs approved prior to the effective
date of this AD by the Boeing ODA do not
require AMOC approval if those repairs were
approved using FAA Form 8100–9 and those
repairs meet the definition of a serviceable
assembly contained in the Accomplishment
Instructions of Boeing Special Attention
Service Bulletin 777–78–0051, Revision 4,
dated February 7, 2014.
(j) Parts Installation Limitation
As of the effective date of this AD, only a
serviceable turbine exhaust plug assembly
that meets the requirements of paragraph
(h)(1) or (h)(2) of this AD may be installed
or reinstalled on any airplane.
(m) Related Information
(1) For more information about this AD,
contact Kevin Nguyen, Aerospace Engineer,
Propulsion Branch, ANM–140S, Seattle
Aircraft Certification Office (ACO) FAA, 1601
Lind Avenue SW., Renton, WA 98057–3356;
phone: 425–917–6501; fax: 425–917–6590;
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 (n)(3) and (n)(4) of this AD.
(k) Credit for Previous Actions
This paragraph provides credit for the
actions specified in paragraph (g) of this AD,
if those actions were performed before the
effective date of this AD using Boeing Special
Attention Service Bulletin 777–78–0051,
Revision 3, dated August 23, 2012 (which is
not incorporated by reference in this AD),
provided that for Group 1, Configuration 2,
airplanes, on which the condition defined in
Table 2 of paragraph 1.E., ‘‘Compliance,’’ of
Boeing Special Attention Service Bulletin
777–78–0051, Revision 3, dated August 23,
2012, was found (i.e., only 1⁄4 inch diameter
bolts are found installed at all 33 locations
forward and aft plug interface), the reidentification of the forward and aft plug was
done before further flight after the inspection.
(n) 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 777–78–0051, Revision 4, dated
February 7, 2014.
(ii) Reserved.
(3) For Boeing service information
identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data &
Services Management, P.O. Box 3707, MC
2H–65, Seattle, WA 98124–2207; telephone
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E:\FR\FM\02OCR1.SGM
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Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
206–544–5000, extension 1; fax 206–766–
5680; Internet https://
www.myboeingfleet.com.
(4) You may view this service information
at FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(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, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on
September 16, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2015–24677 Filed 10–1–15; 8:45 am]
BILLING CODE 4910–13–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Parts 15, 18, 36, 40, 140
RIN 3038–AE10
Repeal of the Exempt Commercial
Market and Exempt Board of Trade
Exemptions
Commodity Futures Trading
Commission.
ACTION: Final rule.
AGENCY:
The Commodity Futures
Trading Commission (the
‘‘Commission’’) is taking final action to
revise its regulations by removing the
part 36 regulations. Those regulations
implemented provisions of the
Commodity Exchange Act (‘‘CEA’’) that
established exempt boards of trade and
exempt commercial markets—two
categories of derivatives-trading
platforms that were eliminated from the
CEA by the Dodd-Frank Wall Street
Reform and Consumer Protection Act
(the ‘‘Dodd-Frank Act’’). This action
also removes various cross-references in
other Commission regulations
implicating exempt boards of trade and
exempt commercial markets.
DATES: This rulemaking is effective on
October 2, 2015.
FOR FURTHER INFORMATION CONTACT:
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW., Washington, DC
20581; Dana R. Brown, Division of
Market Oversight, telephone (202) 418–
5093 and email dbrown@cftc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 21, 2010, President Obama
signed the Dodd-Frank Act into law. 1
Title VII of the Dodd-Frank Act 2
amended the CEA 3 to establish a
comprehensive framework for the
regulation of over-the-counter
derivatives, also known as swaps.
Among other reforms, Title VII requires
that any person who operates a facility
to trade swaps register as a designated
contract market (‘‘DCM’’) or a swap
execution facility (‘‘SEF’’); 4 the latter is
a category of trading market newly
established under the law.
Concurrently, Title VII eliminated from
the CEA two categories of exempt
markets for the trading of derivatives
originally established in the CEA by the
Commodity Futures Modernization Act
of 2000 (‘‘CFMA’’): 5 exempt commercial
markets (‘‘ECMs’’) and exempt boards of
trade (‘‘EBOTs’’).
Under the CFMA’s revisions to the
CEA, ECMs could trade exempt
commodities 6 (i.e. any commodity other
than an excluded commodity 7 and
agricultural commodities) on electronic
trading facilities between eligible
commercial entities 8 without
complying with comprehensive
designation criteria and core principles
that were applicable to designated
contract markets. A facility that elected
to operate as an ECM was generally
exempt from regulation, but was still
required to comply with certain
informational and recordkeeping
requirements, if the market satisfied the
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
20:30 Oct 01, 2015
Jkt 238001
1 Public Law 111–203, 124 Stat. 1376 (July 21,
2010).
2 Pursuant to Section 701 of the Dodd-Frank Act,
Title VII may be cited as the ‘‘Wall Street
Transparency and Accountability Act of 2010.’’
3 7 U.S.C. 1 et seq. (2012).
4 Dodd-Frank Act Section 733 (amending the CEA
to add new section 5h).
5 Public Law 106–554, 114 Stat. 2763 (December
21, 2000).
6 See CFMA Section 101(4) (amending CEA to
add definition of ‘‘Exempt Commodity,’’ currently
codified as CEA Section 1(a)(20), 7 U.S.C. 1a(20)
(2012).
7 ‘‘Excluded Commodity’’ is also a statutorily
defined term, currently codified as CEA Section
1(a)(19), 7 U.S.C. 1a(19) (2012). Generally
characterized, the term captures, among other
things specified financial instruments, measures,
and indexes (e.g., securities and security indexes,
currencies, interest rates, debt instruments, and
credit ratings); any ‘‘other rate, differential, index,
or measure of economic or commercial risk, return
or value’’ not substantially based on the value of a
narrow commodity group or solely based on a
commodity or commodities with no cash value; and
other economic or commercial indexes, or
occurrences and contingencies associated with an
economic consequence, beyond the control of
parties to the relevant contract, agreement or
transaction.
8 The definition of ‘‘Eligible Commercial Entity’’
is found in Section 1a(17) of the CEA. 7 U.S.C.
1a(17) (2006).
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
59575
conditions for the exemption found in
Sections 2(h)(3) through (5) of the CEA,
7 U.S.C. 2(h)(3)–(5), including a
requirement that the ECM notify the
Commission of its intent to rely upon
the exemption.9
Under CEA Section 5d, 7 U.S.C. 7a–
3, EBOTs were facilities that traded
commodities (other than securities or
securities indexes) that had a nearly
inexhaustible deliverable supply and
either no cash market or a cash market
so liquid that any contract traded on the
commodity was highly unlikely to be
susceptible to manipulation. EBOT
transactions were limited to eligible
contract participants 10 and subject to
minimal trading prohibitions, including
anti-fraud and anti-manipulation
restrictions. EBOTs were required to file
notice with the Commission of their
election to operate as an EBOT.11
Section 723 of the Dodd-Frank Act
repealed CEA Section 2(h)(3) as it then
existed,12 thus eliminating the ECM
category. Section 734 of the Dodd-Frank
Act similarly repealed CEA Section
5d,13 thus eliminating the EBOT
category. Both Sections 723 and 734 of
the Dodd-Frank Act contain grandfather
provisions allowing existing ECMs and
EBOTs to petition the Commission to
continue to operate as ECMs and EBOTs
subject to the requirements of the CEA
Sections 2(h)(3) and 5d, respectively, for
a limited period of time.14 Pursuant to
these grandfather provisions, the
Commission issued an order in
September 2010 granting petitioning
ECMs and EBOTs up to one year of
grandfather relief from the general
effective date of the Dodd-Frank Act
amendments to the CEA (‘‘Grandfather
Relief Order’’).15
Subsequent to the Grandfather Relief
Order, the Commission issued a series
9 The Commission’s part 36 regulations
established similar requirements for EBOTs.
10 The definition of ‘‘Eligible Contract
Participant’’ is found in Section 1a(18) of the CEA,
7 U.S.C. 1a(18) (2012).
11 The Commission’s Part 36 regulations
established similar requirements for ECMs.
12 The Dodd-Frank Act amended Section 2(h) of
the CEA effective July 16, 2011, H.R. 4173, Section
723(a)(1), Public Law 111–203, 124 Stat. 1376, by
striking existing subsection (h)—‘‘Transactions in
exempt commodities’’ and inserting new subsection
(h)—‘‘Clearing requirement’’ not addressed to
exempt commercial markets.
13 The Dodd-Frank Act repealed Section 5d of the
CEA effective July 16, 2011, H.R. 4173, Section
734(a), Public Law 111–203, 124 Stat. 1376 (2010).
14 ECMs and EBOTs were permitted to continue
operations until July 16, 2012 pursuant to a
grandfather relief order issued by the Commission
pursuant to Sections 723(c)(2)(B) and 734(c)(2) of
the Dodd-Frank Act, respectively.
15 75 FR 56513 (September 16, 2010).
E:\FR\FM\02OCR1.SGM
02OCR1
]]>Agencies
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59570-59575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24677]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0128; Directorate Identifier 2013-NM-133-AD;
Amendment 39-18278; AD 2015-19-16]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for The
Boeing Company Model 777 airplanes equipped with Rolls-Royce Trent 800
series engines. This AD was prompted by reports of in-flight separation
of the engine's aft plug from the forward plug, which are the two parts
of the turbine exhaust plug assembly. This AD requires installation of
a serviceable turbine exhaust plug assembly (for certain airplanes),
and a general visual inspection (for certain airplanes) to determine
the diameter of the bolt used at the forward and aft plug interface,
and applicable corrective actions. We are issuing this AD to prevent
separation of the aft plug from the forward plug of the turbine exhaust
plug assembly, which could result in parts departing the airplane and
hitting the empennage, and destabilizing the airplane during a critical
flight phase. In addition, parts remaining on a runway could pose a
hazard to another airplane.
DATES: This AD is effective November 6, 2015.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 6,
2015.
ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call 425-227-1221. It is also available on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0128.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0128; 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 (phone: 800-647-
5527) is Docket 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: Kevin Nguyen, Aerospace Engineer,
Propulsion Branch, ANM-140S, Seattle Aircraft Certification Office
(ACO), FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-
917-6501; fax: 425-917-6590; 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 The Boeing Company Model
777 airplanes equipped with Rolls-Royce Trent 800 series engines. The
NPRM published in the Federal Register on March 3, 2014 (79 FR 11725);
corrected March 11, 2014 (79 FR 13592). The NPRM was prompted by
reports of in-flight separation of the engine's aft plug from the
forward plug, which are the two parts of the turbine exhaust plug
assembly. The NPRM proposed to require installation of a serviceable
turbine exhaust plug assembly (for certain airplanes), and a general
visual inspection (for certain airplanes) to determine the diameter of
the bolt used at the forward and aft plug interface, and applicable
corrective actions. We are issuing this AD to prevent separation of the
aft plug from the forward plug of the turbine exhaust plug assembly,
which could result in parts departing the airplane and hitting the
empennage, and destabilizing the airplane during a critical flight
phase. In addition, parts remaining on a runway could pose a hazard to
another airplane.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (79
FR 11725, March 3, 2014; corrected March 11, 2014 (79 FR 13592); and
the FAA's response to each comment.
Request To Match Compliance Time
Cathay Pacific requested that we ensure that the AD compliance date
will be the same as the compliance time of Boeing Special Attention
Service Bulletin 777-78-0051, Revision 3, dated August 23, 2012; or
Boeing Special Attention Service Bulletin 777-78-0051, Revision 4,
dated February 7, 2014. Cathay Pacific reasoned that paragraph (i) of
the proposed AD specified compliance within 60 months after the
effective date of the proposed AD, and both revisions of this service
information specify a compliance time that is within 60 months after
the Revision 3 date of the service bulletin.
We infer that Cathay Pacific is requesting that we reduce the
compliance time of this final rule to match the compliance time listed
in the service information. We do not agree with the commenter's
request. In developing an appropriate compliance time for this action,
we considered not only the degree of urgency associated with addressing
the subject unsafe condition, but the manufacturer's recommendation for
an appropriate compliance time, the time required for the rulemaking
process, the availability of required parts, and the practical aspect
of installing the required modification within an interval of time that
corresponds to the typical scheduled maintenance for the majority of
affected operators. Under the provisions of paragraph (l) of this AD,
[[Page 59571]]
we may approve requests for adjustments to the compliance time, if data
are submitted to substantiate that such an adjustment would provide an
acceptable level of safety. We have not changed the AD in this regard.
Request To Define ``Serviceable'' To Include Pre-Boeing Service
Bulletin 777-78-0051 Plug Assemblies
Cathay Pacific requested that we revise paragraph (j) of the
proposed AD; corrected March 11, 2014 (79 FR 13592) to define
``serviceable'' plug assemblies. Cathay Pacific reasoned that both pre-
and post-Boeing Service Bulletin 777-78-0051 plug assemblies can be
installed, and the modification can be completed before the required
compliance time of the NPRM (79 FR 11725, March 3, 2014; corrected
March 11, 2014 (79 FR 13592)).
We do not agree to revise paragraph (j) of this AD because
serviceable assemblies are already defined in paragraph (h) of this AD.
This definition applies to the entire AD. Also, pre- Boeing Service
Bulletin 777-78-0051 plug assemblies do not meet the definition of
serviceable, as specified in the service information.
Request To Revise Definition of a Serviceable Assembly
American Airlines (AA) requested that we revise paragraph (h) of
the proposed AD to add another definition: Serviceable plug assemblies,
as those maintained in accordance with the operator's continued
airworthiness maintenance program (CAMP), prior to issuance of Boeing
Special Attention Service Bulletin 777-78-0051, Revision 3, dated
August 23, 2012. AA explained that prior to release of Boeing Special
Attention Service Bulletin 777-78-0051, Revision 3, dated August 23,
2012, due to reported events of exhaust plug losses by other operators,
AA recognized that multiple removals of the exhaust aft plug causes the
3/16'' nutplate locking feature to wear out, which could then result in
loss of the aft plug. As a result, AA implemented a maintenance program
as part of its CAMP, which offers a level of safety equivalent to that
of Boeing Special Attention Service Bulletin 777-78-0051, Revision 3,
dated August 23, 2012. During every engine removal, for a refurbishment
or overhaul shop visit, the pre-Boeing Special Attention Service
Bulletin 777-78-0051, Revision 3, dated August 23, 2012, exhaust aft
plug nutplates are replaced with new nutplates.
In addition, AA stated that the holes are inspected for elongation
and cracks in accordance with procedures equivalent to Boeing Special
Attention Service Bulletin 777-78-0051 inspection procedures. Model 777
Airplane Maintenance Manual Chapter 78-11-02-400-803-R00, requires that
the minimum fastener run[hyphen]on torque of 2 in[hyphen]lbs is met
during every installation of the aft exhaust plug. In addition, each of
the exhaust aft plug fasteners receives a general visual check, using a
ladder/stand and a bright light, every 150 flight hours. AA expressed
that it is currently the largest Model 777-200 Trent 800 operator in
the worldwide fleet and has not lost an exhaust aft plug due to loose
or missing fasteners, as its CAMP demonstrates an equivalent level of
safety to the service information.
As an alternative, AA requested that we revise the NPRM (79 FR
11725, March 3, 2014; corrected March 11, 2014 (79 FR 13592)) to
include, as serviceable exhaust aft plugs, those maintained in
accordance with the operator's own maintenance program, such as AA's
approved CAMP prior to issuance of Boeing Special Attention Service
Bulletin 777-78-0051, Revision 3, dated August 23, 2012, and to remain
in service until the next engine removal for refurbishment or overhaul
shop visit, or 60 months from the effective date of the AD, whichever
is later.
We do not agree to include the requested provision. The maintenance
program described by AA is likely to be acceptable in lieu of direct
compliance with portions of this AD; however, the description of that
program provided in AA's comment is not sufficient to serve as
engineering data for the FAA to approve as an optional method of
compliance in this AD. Operators can submit a request for approval of
an alternative method of compliance (AMOC), with a more detailed
proposal to use the maintenance program, if sufficient data are
submitted to substantiate that the change would provide an acceptable
level of safety. We have not changed this AD in this regard.
Request To Change Compliance Time of Parts Installation Limitation
Boeing and Cathay Pacific requested that we revise paragraph (j) of
the proposed AD to change the installation limitation from the
effective date of the AD to the compliance deadline for the AD. Boeing
reasoned that paragraph (j) of the proposed AD currently creates an
alternative and indeterminate compliance deadline. Boeing explained
that during the compliance interval and prior to the AD deadline,
operators may be required, due to unforeseen circumstances, to install
a unit that is not a serviceable unit, and that under the current
wording, this would unnecessarily ground the airplane.
We do not agree to revise paragraph (j) of this AD to change the
installation limitation from the effective date of the AD to the
compliance date of the AD. Grace period compliance times are provided
in ADs in recognition that an immediate unscheduled modification
requirement would be disruptive. A grace period is included to give
operators a reasonable period of time to schedule and perform actions
that are required by the AD and that otherwise would not have occurred.
A parts installation limitation is included in some cases to require
that, if the parts affected by the AD are already being removed for a
reason other than the AD itself, that opportunity to correct the unsafe
condition should be taken. We determine whether such a parts
installation limitation should be included in the AD, and what the
specific requirements of the limitation will be, based on the risk
level associated with the unsafe condition and the expected
availability of required replacement parts.
In this case, we made a determination that the risk warranted the
consideration of a parts installation limitation. We also determined
that sufficient parts would be available to meet that limitation, and
that sufficient time to perform any required actions to make a nozzle
assembly serviceable as defined in paragraph (h) of this AD would exist
in situations where the nozzle might be removed in maintenance.
Specifically, we considered the case of an unscheduled engine change
where an operator may not have included a serviceable nozzle assembly
with the replacement engine. Modification of a nozzle assembly to meet
the definition of a serviceable nozzle can be performed in roughly the
same or less elapsed time than it takes to perform the engine
replacement itself. We did not foresee any other commonly occurring
situation where an engine nozzle assembly would be removed for
maintenance. However, as discussed in response to the comment issue
``Request to Revise Definition of a Serviceable Assembly,'' if an
operator specifically and adequately addresses the management of this
unsafe condition within its CAMP, we will consider AMOC approvals to
allow installation of nozzle assemblies that do not meet the definition
of serviceable nozzle in paragraph (h) of this AD.
We clarified paragraph (j) of this AD as a result of these
comments. We considered the explanatory statements about the intent of
the parts installation limitation language used in several
[[Page 59572]]
recent ADs, and determined that different language should be used in
this case to more clearly convey the intent of the parts installation
limitation contained in this AD. We have added the words ``or re-
install'' to paragraph (j) to clarify that any installation of a nozzle
assembly, regardless of the reason for the removal of the nozzle
assembly and regardless of the source of the replacement nozzle
assembly, is subject to the parts installation limitation of paragraph
(j) of this AD.
Request To Clarify Paragraph (j) of the Proposed AD
AA requested that we clarify paragraph (j) of the proposed AD. AA
explained that paragraph (j) of the proposed AD allows that only a
serviceable turbine exhaust plug assembly may be installed on any
airplane as of the effective date of this AD, while paragraph (i) of
the proposed AD requires a compliance time within a certain time after
the effective date of this AD, without any referral to serviceable
turbine exhaust plug assembly. AA reasoned that as written, these steps
are confusing and could lead operators to believe the actions required
by the AD are due as of the effective date of this AD.
We agree with the commenter and have clarified paragraph (j) of
this AD by including references to paragraphs (h)(1) and (h)(2) of this
AD.
Request To Clarify the AMOC Paragraph
Boeing requested that we revise paragraph (k)(3) of the proposed AD
(paragraph (l)(3) of this AD) to indicate that an AMOC, approved for a
repaired serviceable unit is to be attached to, and travel with, the
repaired serviceable unit. Boeing explained that the AMOC approval
should apply to the deviation on the serviceable unit and thereby
travel with the serviceable unit, which is rotable and could be
installed on numerous airplanes during its service life. Boeing also
explained that a unit repaired in accordance with an approved AMOC will
fulfill the intent of airplane safety when the unit is installed on an
airplane, and that the unit will be in compliance with the AD as long
as the part is serviceable as defined by the AD.
We agree with the commenter and have revised paragraph (l)(3) of
this AD accordingly.
Request To Use the CAMP
AA requested that we revise the NPRM (79 FR 11725, March 3, 2014;
corrected March 11, 2014 (79 FR 13592)), to include language that
allows the optional re-identification of the exhaust plug with the
correct post-Boeing Special Attention Service Bulletin 777-78-0051,
part number identity in accordance with a method approved by the
operator's approved CAMP, as the CAMP provides an equivalent level of
safety. AA explained that prior to the release of Boeing Special
Attention Service Bulletin 777-78-0051, Revision 3, dated August 23,
2012, AA implemented a maintenance program to install data plates on
the forward and aft exhaust plug. The plates were installed because the
manufacturer part number and serial number, which were chemical-etched
on the exhaust plug skin by the manufacturer, were no longer legible.
AA stated that the data plates contain the original part number, a
company-assigned serial number, and the text ``MATCHED SET. DO NOT
SEPARATE.'' AA added that the installed identification plates are in
the same location as, but a different length than, the plates specified
in Boeing Special Attention Service Bulletin 777-78-0051, Revision 3,
dated August 23, 2012.
We agree to allow alternative permanent part-marking methods. If
the markings contain the required information and are permanent, the
intent of the marking requirement is addressed, and additional
flexibility is provided to operators. Therefore, part-marking methods
for the CAMP might be approved, provided that the markings are
permanent and contain the information specified in Boeing Special
Attention Service Bulletin 777-78-0051, Revision 4, dated February 7,
2014. We have added this information to paragraph (g) of this AD
accordingly.
Request To Eliminate AMOC Approval Requirement for Previous Repairs
AA requested that we revise paragraph (h) of the proposed AD, to
allow repairs accomplished prior to the release of this AD, in
accordance with Boeing instructions and approved per 14 CFR part
121.379, or a Boeing ODA, to be included as acceptable repairs in this
AD, without the requirement to obtain a Boeing ODA AMOC or Seattle
Aircraft Certification Office AMOC approval.
AA explained that, prior to release of the NPRM (79 FR 11725, March
3, 2014; corrected March 11, 2014 (79 FR 13592)); exhaust aft plugs
have received repairs at the exhaust aft plug mate line during
inspection or during incorporation of Boeing Special Attention Service
Bulletin 777-78-0051, Revision 3, dated August 23, 2012, utilizing
procedures provided by Boeing without Boeing ODA approval; rather, the
repair was approved per 14 CFR part 121.379. AA expressed that
paragraph (h) of the proposed AD specifies using a repair method
approved in accordance with the procedures specified in paragraph (k)
of the proposed AD, and these previously accomplished repairs, which
followed Boeing repair instructions, offer an equivalent level of
safety to the NPRM.
We partially agree with the request. We agree to add paragraph
(l)(4) in this AD to eliminate the requirement for subsequent AMOC
approval for repairs that were previously approved by the Boeing ODA,
using an FAA Form 8100-9, and having met the requirements of paragraph
(h) of this AD, for the definition of serviceable turbine exhaust plug
assemblies. We are confident that the Boeing ODA repair approval
process ensures that each repair is reviewed by qualified engineering
staff with knowledge of the original airplane design and compliance
substantiation. At the same time, we want to ensure that those repairs
would have a configuration that meets the definition of serviceable
turbine exhaust plug assemblies as defined in the service information.
We have added paragraph (l)(4) in this AD to state that repairs
approved prior to the effective date of this AD, by the Boeing ODA
using FAA Form 8100-9, and having met the requirements of paragraph (h)
of this AD for the definition of serviceable turbine exhaust plug
assemblies, do not require AMOC approval.
We disagree, however, to eliminate the AMOC approval requirement
for repairs approved by other means. Even though Boeing Service
Engineering may have provided a ``no technical objection'' statement,
qualified engineering staff with knowledge of the original airplane
design and compliance substantiation may not have been involved in
evaluating the repair. We have not changed this AD in this regard.
Additional Changes to This AD
We have revised this AD to refer to Boeing Special Attention
Service Bulletin 777-78-0051, Revision 4, dated February 7, 2014, as
the appropriate source of service information for the required actions.
Among other things, this service information adds Group 2 airplanes to
paragraph 1.E., ``Compliance;'' includes a maintenance records check;
adds a general visual inspection to determine the diameter of the bolt
used at the forward and aft plug interface; and adds applicable
corrective actions--all of which we have clarified in new paragraph
(g)(4) of this AD. Paragraphs (g)(3) and (c) of the proposed AD already
accounted for the Group 2
[[Page 59573]]
airplanes defined in Boeing Special Attention Service Bulletin 777-78-
0051, Revision 4, dated February 7, 2014. Paragraph (g)(2) of the
proposed AD accounted for the required actions.
We have also added a new paragraph (k) to this AD to provide credit
for certain actions, if those actions were performed before the
effective date of this AD using Boeing Special Attention Service
Bulletin 777-78-0051, Revision 3, dated August 23, 2012. We have
redesignated the subsequent paragraphs of this AD accordingly.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD 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 (79 FR 11725, March 3, 2014; corrected March 11, 2014 (79 FR
13592)) for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 11725, March 3, 2014; corrected
March 11, 2014 (79 FR 13592)).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Related Service Information Under 1 CFR Part 51
We reviewed Boeing Special Attention Service Bulletin 777-78-0051,
Revision 4, dated February 7, 2014. Among other things, this service
information adds Group 2 airplanes to paragraph 1.E., ``Compliance;''
includes a maintenance records check; adds a general visual inspection
to determine the diameter of the bolt used at the forward and aft plug
interface; and adds applicable corrective actions. 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 of this AD.
Costs of Compliance
We estimate that this AD affects 35 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Installation.......................... 5 work-hours x $85 per $0 $425 $14,875
hour = $425.
General visual inspection............. 2 work-hours x $85 per $0 $170 $5,950
hour = $170.
----------------------------------------------------------------------------------------------------------------
We estimate the following costs to do any necessary replacement
that would be required based on the results of the inspection. We have
no way of determining the number of aircraft that might need this
replacement:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Replacement (replacing the \3/16\-inch bolts 5 work-hours x $85 per hour = $0 $425
with \1/4\-inch bolts). $425.
----------------------------------------------------------------------------------------------------------------
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
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),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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):
2015-19-16 The Boeing Company: Amendment 39-18278; Docket No. FAA-
2014-0128; Directorate Identifier 2013-NM-133-AD.
[[Page 59574]]
(a) Effective Date
This AD is effective November 6, 2015.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 777-200, -200LR, -
300,-300ER, and 777F series airplanes; certificated in any category;
equipped with Rolls-Royce Trent 800 series engines.
(d) Subject
Air Transport Association (ATA) of America Code 78, Engine
Exhaust.
(e) Unsafe Condition
This AD was prompted by reports of in-flight separation of the
engine's aft plug from the forward plug, which are the two parts of
the turbine exhaust plug assembly. We are issuing this AD to prevent
separation of the aft plug from the forward plug of the turbine
exhaust plug assembly, which could result in parts departing the
airplane and hitting the empennage or hitting a person on the
ground, and destabilizing the airplane during a critical flight
phase; parts remaining on a runway could cause damage to another
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Installation and General Visual Inspection
At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 777-78-
0051, Revision 4, dated February 7, 2014, except as provided by
paragraph (i) of this AD, do the applicable actions specified in
paragraphs (g)(1), (g)(2), (g)(3), and (g)(4) of this AD, in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 777-78-0051, Revision 4, dated February
7, 2014. Alternative part marking methods are allowed for the
requirements of this paragraph, if approved by the FAA principal
maintenance inspector, provided that the markings are permanent and
contain the information required by Boeing Special Attention Service
Bulletin 777-78-0051, Revision 4, dated February 7, 2014.
(1) For airplanes identified as Group 1, Configuration 1, in
Boeing Special Attention Service Bulletin 777-78-0051, Revision 4,
dated February 7, 2014: Install a serviceable turbine exhaust plug
assembly.
(2) For airplanes identified as Group 1, Configurations 2 and 3,
in Boeing Special Attention Service Bulletin 777-78-0051, Revision
4, dated February 7, 2014: Do a general visual inspection to
determine the diameter of the bolt used at the forward and aft plug
interface, and before further flight, do all applicable corrective
actions.
(3) For airplanes listed in paragraph (c) of this AD that are
not listed in the ``Effectivity'' section of Boeing Special
Attention Service Bulletin 777-78-0051, Revision 4, dated February
7, 2014: Do a general visual inspection to determine if a
serviceable turbine exhaust plug assembly is installed. If a
serviceable turbine exhaust plug assembly is not installed, before
further flight, install a serviceable turbine exhaust plug assembly.
(4) For airplanes identified as Group 2, in Boeing Special
Attention Service Bulletin 777-78-0051, Revision 4, dated February
7, 2014: Do a maintenance records check to determine affected
turbine exhaust plug assemblies, and for affected assemblies, do a
general visual inspection to determine the diameter of the bolt used
at the forward and aft plug interface, and before further flight, do
all applicable corrective actions.
(h) Definition of Serviceable Assembly
For the purposes of this AD, an acceptable serviceable turbine
exhaust plug assembly must meet the conditions specified in
paragraph (h)(1) or (h)(2) of this AD.
(1) A new assembly with part number 314W5520-22.
(2) A serviceable assembly as defined in the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 777-78-
0051, Revision 4, dated February 7, 2014; except, for any assembly
on which the actions specified in Part 2 or Part 3 of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 777-78-0051, Revision 4, dated February 7, 2014, are done,
and Boeing Special Attention Service Bulletin 777-78-0051, Revision
4, dated February 7, 2014, specifies to contact Boeing for repair
instructions, this AD requires repair before further flight, using a
method approved in accordance with the procedures specified in
paragraph (l)(1) of this AD.
(i) Exception to Service Information Specifications
Where paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 777-78-0051, Revision 4, dated February
7, 2014, specifies a compliance time ``after the Revision 3 date of
this service bulletin,'' or ``after the Revision 4 date of this
service bulletin,'' this AD requires compliance within the
applicable time after the effective date of this AD.
(j) Parts Installation Limitation
As of the effective date of this AD, only a serviceable turbine
exhaust plug assembly that meets the requirements of paragraph
(h)(1) or (h)(2) of this AD may be installed or reinstalled on any
airplane.
(k) Credit for Previous Actions
This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Special Attention Service
Bulletin 777-78-0051, Revision 3, dated August 23, 2012 (which is
not incorporated by reference in this AD), provided that for Group
1, Configuration 2, airplanes, on which the condition defined in
Table 2 of paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 777-78-0051, Revision 3, dated August 23,
2012, was found (i.e., only \1/4\ inch diameter bolts are found
installed at all 33 locations forward and aft plug interface), the
re-identification of the forward and aft plug was done before
further flight after the inspection.
(l) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle Aircraft Certification Office (ACO),
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, send it to the
attention of the person identified in paragraph (m) 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 required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that 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. An AMOC approved as described in this
paragraph for a specific serviceable nozzle assembly may be
transferred with that nozzle assembly to another aircraft without an
additional AMOC approval being required.
(4) Repairs approved prior to the effective date of this AD by
the Boeing ODA do not require AMOC approval if those repairs were
approved using FAA Form 8100-9 and those repairs meet the definition
of a serviceable assembly contained in the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 777-78-
0051, Revision 4, dated February 7, 2014.
(m) Related Information
(1) For more information about this AD, contact Kevin Nguyen,
Aerospace Engineer, Propulsion Branch, ANM-140S, Seattle Aircraft
Certification Office (ACO) FAA, 1601 Lind Avenue SW., Renton, WA
98057-3356; phone: 425-917-6501; fax: 425-917-6590; 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 (n)(3) and (n)(4) of this AD.
(n) 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 777-78-0051,
Revision 4, dated February 7, 2014.
(ii) Reserved.
(3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207;
telephone
[[Page 59575]]
206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
(4) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
(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, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on September 16, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-24677 Filed 10-1-15; 8:45 am]
BILLING CODE 4910-13-P
