Airworthiness Directives; The Boeing Company Airplanes, 22895-22900 [2023-08027]
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Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Rules and Regulations
22895
TABLE 3—NATIONAL LIST SUBSTANCES RENEWED UNTIL OCTOBER 30, 2029
Substance
Use conditions
§ 205.601 Synthetic substances allowed for use in organic crop production.
Herbicides, soap-based .....................................................................................
Biodegradable biobased mulch film ...................................................................
Boric acid ...........................................................................................................
Sticky traps/barriers ...........................................................................................
Elemental sulfur .................................................................................................
Coppers, fixed—copper hydroxide, copper oxide, copper oxychloride .............
Copper sulfate ....................................................................................................
Polyoxin D zinc salt ...........................................................................................
Humic acids .......................................................................................................
Vitamins C and E ...............................................................................................
§ 205.602 Nonsynthetic substances prohibited for use in organic crop production.
Lead salts ...........................................................................................................
Tobacco dust (nicotine sulfate) ..........................................................................
§ 205.603 Synthetic substances allowed for use in organic livestock production.
Glucose ..............................................................................................................
Tolazoline ...........................................................................................................
Copper sulfate ....................................................................................................
§ 205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or
on processed products labeled as ‘‘organic’’ or ‘‘made with organic (specified
ingredients or food group(s)).’’
Attapulgite ..........................................................................................................
Bentonite ............................................................................................................
Diatomaceous earth ...........................................................................................
Magnesium chloride ...........................................................................................
Nitrogen—oil free grades ...................................................................................
Sodium carbonate ..............................................................................................
Acidified sodium chlorite ....................................................................................
Carbon dioxide ...................................................................................................
Sodium phosphates ...........................................................................................
§ 205.606 Nonorganically produced agricultural products allowed as ingredients
in or on processed products labeled as ‘‘organic.’’
Casings, from processed intestines ...................................................................
Pectin (non-amidated forms only) ......................................................................
Authority: 7 U.S.C. 6501–6524.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2023–07886 Filed 4–13–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–0925; Project
Identifier AD–2023–00255–T; Amendment
39–22411; AD 2023–07–09]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
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AGENCY:
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described
described
described
described
described
described
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described
described
described
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§ 205.601(b)(1).
§ 205.601(b)(2)(iii).
§ 205.601(e)(3).
§ 205.601(e)(9).
§ 205.601(h)(2).
§ 205.601(i)(2).
§ 205.601(i)(3).
§ 205.601(i)(11).
§ 205.601(j)(3).
§ 205.601(j)(9).
As described under § 205.603(a)(13).
As described under § 205.603(a)(29).
As described under § 205.603(b)(1).
As
As
As
As
As
As
As
As
As
described
described
described
described
described
described
described
described
described
under
under
under
under
under
under
under
under
under
§ 205.605(a)(4).
§ 205.605(a)(5).
§ 205.605(a)(10).
§ 205.605(a)(17).
§ 205.605(a)(20).
§ 205.605(a)(27).
§ 205.605(b)(1).
§ 205.605(b)(10).
§ 205.605(b)(34).
As described under § 205.606(b).
As described under § 205.606(o).
This AD is effective May 1, 2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 13, 2023 (87 FR 80028,
December 29, 2022).
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under
under
under
under
under
under
under
under
under
under
As described under § 205.602(d).
As described under § 205.602(j).
series airplanes. AD 2022–27–07
required inspecting for wear of the
transfer pump housing inlet check
valves and transfer pump motor
impeller inlet adapters for the
horizontal stabilizer fuel tank and doing
corrective actions, if necessary. This AD
was prompted by the discovery that
certain airplanes were incorrectly
included in the applicability of AD
2022–27–07. This AD continues to
require inspecting for wear of the
transfer pump housing inlet check
valves and transfer pump motor
impeller inlet adapters for the
horizontal stabilizer fuel tank and doing
corrective actions, if necessary. This AD
also removes certain airplanes from the
applicability, redefines the definition of
an ‘‘activated’’ horizontal stabilizer fuel
tank, and limits the installation of
affected parts. The FAA is issuing this
AD to address the unsafe condition on
these products.
DATES:
The FAA is superseding
Airworthiness Directive (AD) 2022–27–
07, which applied to certain The Boeing
Company Model 747–400 and 747–8
SUMMARY:
As
As
As
As
As
As
As
As
As
As
The FAA must receive comments on
this AD by May 30, 2023.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov by searching
for and locating Docket No. FAA–2023–
0925; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
any comments received, and other
information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
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Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Rules and Regulations
• For service information
incorporated by reference in this AD,
contact Boeing Commercial Airplanes,
Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC
110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; website
myboeingfleet.com.
• You may view this referenced
service information at the FAA,
Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available at regulations.gov by
searching for and locating Docket No.
FAA–2023–0925.
FOR FURTHER INFORMATION CONTACT:
Samuel Dorsey, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone: 206–231–
3415; email: Samuel.j.dorsey@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2023–0925
and Project Identifier AD–2023–00255–
T’’ at the beginning of your comments.
The most helpful comments reference a
specific portion of the final rule, explain
the reason for any recommended
change, and include supporting data.
The FAA will consider all comments
received by the closing date and may
amend this final rule because of those
comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this final rule.
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Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this AD contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this AD,
it is important that you clearly designate
the submitted comments as CBI. Please
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mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
will treat such marked submissions as
confidential under the FOIA, and they
will not be placed in the public docket
of this AD. Submissions containing CBI
should be sent to Samuel Dorsey,
Aerospace Engineer, Propulsion
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone: 206–231–3415; email:
Samuel.j.dorsey@faa.gov. Any
commentary that the FAA receives that
is not specifically designated as CBI will
be placed in the public docket for this
rulemaking.
the inlet adapter is part of the transfer
pump motor impeller assembly. When
referring to the inlet check valve, Boeing
suggested consistent use of ‘‘transfer
pump housing inlet check valve(s).’’
And, when referring to the inlet adapter,
Boeing suggested consistent use of
‘‘transfer pump motor impeller inlet
adapter.’’
The FAA agrees and has updated this
AD accordingly.
Background
The FAA issued AD 2022–27–07,
Amendment 39–22292 (87 FR 80028,
December 29, 2022) (AD 2022–27–07),
for certain The Boeing Company Model
747–400 and 747–8 series airplanes. AD
2022–27–07 required inspecting for
wear of the transfer pump housing inlet
check valves and transfer pump motor
impeller inlet adapters for the
horizontal stabilizer fuel tank and doing
corrective actions, if necessary. AD
2022–27–07 also limited the installation
of affected parts. AD 2022–27–07 was
prompted by reports of wear-through of
the transfer pump motor impeller inlet
adapter of a transfer pump for the
horizontal stabilizer fuel tank caused by
contact between the transfer pump
housing inlet check valve and the
transfer pump motor impeller inlet
adapter. The FAA issued AD 2022–27–
07 to address the development of an
ignition source within the horizontal
stabilizer fuel tank resulting from wear
to the transfer pump housing inlet check
valves and transfer pump motor
impeller inlet adapters of the horizontal
stabilizer fuel tank. This condition, in
combination with flammable fuel
vapors, could result in a fuel tank
explosion and consequent loss of the
airplane.
Boeing requested that AD 2022–27–07
be revised to exclude certain parts that
are not affected by the unsafe condition
addressed in that AD. Boeing pointed
out that the standard Model 747–400
and –8 airplanes utilize Crane
Aerospace Hydro-Aire transfer pump
housings and transfer pump motor
impellers having part numbers (P/Ns)
60–703200–x and 60–72101–x
respectively, where x represents all dash
numbers, and those are the parts that are
subject to the unsafe condition.
Clarifying, Boeing stated that it received
FAA approval in 2003 to use alternate
FR-HiTemp Limited fuel pumps and
housings as an option on Model 747–
400 airplanes. Boeing further explained
that incorporation of the approved
alternate FR-HiTemp Limited part
numbers was approved by the FAA as
an alternative method of compliance for
AD 2001–21–07, Amendment 39–12478
(66 FR 54652, October 30, 2001), against
the Crane Aerospace Hydro-Aire
transfer pump housings and transfer
pump motor impellers. Boeing asserted
that the associated certification system
safety assessment and design data
reviews for the alternate part numbers
concluded that the unsafe condition
cited in AD 2022–27–07 does not exist
because the interface designs are
significantly different from the Crane
Aerospace Hydro-Aire design, such that
the same unsafe wear condition cannot
develop.
The FAA agrees for the reasons
provided by Boeing. Therefore, the
applicability of this AD has been revised
to specify that this AD applies to
airplanes equipped with an activated
horizontal stabilizer fuel tank with
Crane Aerospace Hydro-Aire horizontal
stabilizer fuel transfer pump housings
and transfer pump motor impellers.
Therefore, airplanes without Crane
Aerospace Hydro-Aire horizontal
stabilizer fuel transfer pump housings
and transfer pump motor impellers are
not subject to this AD.
Actions Since AD 2022–27–07 Was
Issued
Since the FAA issued AD 2022–27–
07, the agency received comments from
Boeing and Delta Air Lines (Delta)
identifying errors affecting the
applicability of AD 2022–27–02. These
errors are discussed in detail along with
additional issues in the following
section.
Request To Clarify Component
Descriptions in AD 2022–27–07
Boeing requested that the FAA clarify
the component descriptions throughout
AD 2022–27–07. Boeing explained that
the inlet check valve is part of the
transfer pump housing assembly, while
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Request To Exclude Unaffected Parts
From the Applicability of AD 2022–27–
07
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Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Rules and Regulations
Request To Exclude Certain Airplanes
From the Applicability of AD 2022–27–
07
Boeing requested that airplanes
delivered with no horizontal stabilizer
fuel tank installed in production and
airplanes with provisioned, but nonfunctional horizontal stabilizer fuel
tanks be removed from the applicability
of AD 2022–27–07. Boeing pointed out
that the definition of an ‘‘activated’’
tank in paragraph (g)(3) of AD 2022–27–
07 is one that is ‘‘. . . considered to be
‘‘activated’’ if it is not deactivated by an
approved alteration,’’ which might
inadvertently affect airplanes delivered
with a horizontal stabilizer fuel tank in
a permanent non-functional state, as
well as airplanes provisioned for future
activation to a fully functional state at
the operator’s discretion.
Boeing explained that Model 747
airplanes were delivered in three
primary certified configurations:
passenger configurations with no
horizontal stabilizer fuel tank installed
in production, passenger configurations
with a fully functional horizontal
stabilizer fuel tank installed in
production by operator selection of this
offered option, and all freighter
configurations with no horizontal
stabilizer fuel tank installed in
production. Further, Boeing explained
that some passenger airplanes were
delivered with various configurations of
exercised customer options for the
horizontal stabilizer fuel tank, and all of
these options were with non-functional
horizontal stabilizer fuel tanks, but with
provisions to support later activation to
fully functional configurations via
Boeing service bulletins at the operator’s
discretion. The various provisional
configurations Boeing described ranged
from partial installation of only
horizontal stabilizer fuel tank fuel
transfer line shrouds to isolation of the
horizontal stabilizer fuel tank from its
dedicated refuel/defuel/transfer lines at
both the center wing fuel tank and the
horizontal stabilizer fuel tank interfaces
by disconnecting and capping of same,
de-energizing of fuel pump power
circuits, among other actions required
for certification as a non-functional
horizontal stabilizer fuel tank.
In all of the provisioned, nonfunctional configurations, Boeing
asserted that the fuel and fuel vapor is
prevented from entering the horizontal
stabilizer fuel tank, as it is isolated from
any fuel supply or communication with
non-horizontal stabilizer fuel tanks, nor
was any fuel or fuel vapors introduced
during production. Therefore, Boeing
argued that airplanes in configurations
with no horizontal stabilizer fuel tanks
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installed in production and those with
provisioned, but non-functional
horizontal stabilizer fuel tanks have
effectively eliminated the unsafe
condition addressed by AD 2022–27–07
due to the elimination of the potential
for flammable fuel vapor with the
horizontal stabilizer fuel tank. However,
Boeing points out that these airplane
configurations, by their nature, do not
have associated instructions for an
‘‘approved alteration’’ to deactivate the
horizontal stabilizer fuel tank, but are
still subject to AD 2022–27–07, based on
the applicability and definition of an
‘‘activated’’ horizontal stabilizer fuel
tank.
The FAA agrees that airplanes
without a horizontal stabilizer fuel tank
installed in production are not affected
by this AD for the reasons provided by
Boeing. The applicability of this AD has
been revised to specify that this AD
does not apply to airplanes with
horizontal stabilizer fuel tanks that
cannot be fueled without further
modification (i.e., the tanks are sealed
and disconnected from the airplane fuel
system).
In addition, the definition of
‘‘activated’’ specified in paragraph (g)(3)
of AD 2022–27–07 has been revised in
this AD. For the purposes of this AD, a
horizontal stabilizer tank is considered
to be ‘‘activated’’ if it is not deactivated
in production or deactivated by an
approved alteration.
The FAA does not agree to
specifically remove airplanes with
provisioned, but non-functional
horizontal stabilizer fuel tanks from the
applicability of this AD. Since the
horizontal stabilizer tank, unless
deactivated as specified in paragraph
(g)(3) of this AD, is provisioned to be
activated at a future date, the FAA has
determined that those airplanes should
be subject to this AD. However, no
action is required by this AD for those
airplanes until the horizontal stabilizer
tank is activated.
Request To Clarify Publication Date of
Service Information Required by AD
2022–27–07
Delta requested that the FAA clarify
the publication date of Boeing Multiple
Operator Message MOM–MOM–22–
0549–01B(R1). Delta pointed out that
the message date is listed as both
November 29, 2022 (U.S. Pacific
Standard Time (PST)) and November 30,
2022 (Greenwich Mean Time (GMT)),
while the message sent date is identified
as November 29, 2022. Therefore, Delta
suggested that the AD should either be
clear that the date used is the date the
message was sent or that the dates
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22897
provided in the message date field of the
message are in both PST and GMT.
The FAA agrees to clarify. The
message was published at 1615 PST on
November 29, 2022, which was 0015
GMT on November 30, 2022. The
message was then sent to operators at
0017 GMT on November 30, 2022,
which was 1617 PST on November 29,
2022 (not stated on the message). Boeing
Multiple Operator Message MOM–
MOM–22–0549–01B(R1), dated
November 29, 2022, was published in
the U.S. time zone using PST; therefore,
that is the date the FAA AD referenced.
No change to this AD has been made in
this regard.
Request To Add Specific Part Numbers
in Parts Installation Limitation of AD
2022–27–07
Delta requested that either the parts
installation limitation in paragraph (k)
of AD 2022–27–07 be revised to include
specific part numbers for the affected
parts or that it direct operators to the
referenced service information for that
information. Delta asserted that the lack
of reference to specific affected part
numbers may be interpreted to mean
any and all transfer pump motor
impeller inlet assemblies or transfer
pump housing inlet check valves (or
assembly containing either), even
though the referenced service
information is limited to specific Crane
Aerospace Hydro-Aire pumps and
transfer pump housing inlet check
valves.
The FAA partially agrees and has
revised the parts installation limitation
specified in paragraph (k) of this AD.
Paragraph (k) of this AD limits the
affected parts to Crane Aerospace
Hydro-Aire horizontal stabilizer fuel
transfer pump housings and transfer
pump motor impellers. Furthermore, as
previously described, in order to remove
the airplanes not affected by the unsafe
condition, the FAA has revised the
applicability of this AD by specifying
the AD applies to airplanes equipped
with Crane Aerospace Hydro-Aire
horizontal stabilizer fuel transfer pump
housings and transfer pump motor
impellers.
FAA’s Determination
The FAA is issuing this AD because
the agency has determined the unsafe
condition described previously is likely
to exist or develop in other products of
the same type design.
Related Service Information Under 1
CFR Part 51
This AD requires Boeing Multiple
Operator Message MOM–MOM–22–
0549–01B(R1), dated November 29,
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2022, which the Director of the Federal
Register approved for incorporation by
reference as of January 13, 2023 (87 FR
80028, December 29, 2022). 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.
AD Requirements
This AD requires accomplishing the
actions specified in the service
information already described. This AD
also limits the installation of affected
parts.
Interim Action
This AD is considered to be interim
action. The inspection reports that are
required by this AD will enable the
manufacturer to obtain better insight
into the nature, cause, and extent of the
wear-through, and eventually to develop
final action to address the unsafe
condition. Further, the main and center
wing tanks utilize the same pump
design but are currently not subject to
the same unsafe condition due to the
shutoff logic of the transfer pumps.
However, if that should change or once
final action has been identified, the
FAA might consider further rulemaking.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies
to dispense with notice and comment
procedures for rules when the agency,
for ‘‘good cause,’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without providing notice and
seeking comment prior to issuance.
Further, section 553(d) of the APA
authorizes agencies to make rules
effective in less than thirty days, upon
a finding of good cause.
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies forgoing notice
and comment prior to adoption of this
rule because the FAA has previously
provided notice and comment on this
unsafe condition and has dispositioned
those comments herein. The FAA is
redefining the applicable airplanes by
revising the applicability in paragraph
(c) and definition in paragraph (g)(3) of
this AD. However, this change does not
affect a new population of airplanes, but
rather, this AD removes several
airplanes from the applicability of this
AD. Accordingly, notice and
opportunity for prior public comment is
unnecessary pursuant to 5 U.S.C.
553(b)(3)(B).
In addition, the FAA finds that good
cause exists pursuant to 5 U.S.C. 553(d)
for making this amendment effective in
less than 30 days, for the same reasons
the FAA found good cause to forgo
notice and comment.
Regulatory Flexibility Act
The requirements of the Regulatory
Flexibility Act (RFA) do not apply when
an agency finds good cause pursuant to
5 U.S.C. 553 to adopt a rule without
prior notice and comment. Because the
FAA has determined that it has good
cause to adopt this rule without notice
and comment, RFA analysis is not
required.
Costs of Compliance
The FAA estimates that this AD
affects 28 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
ESTIMATED COSTS *
Action
Labor cost
Inspections of transfer pump motor impeller inlet adapter and transfer
pump housing inlet check valves (left and right transfer pumps).
12 work-hours ×
$85 per hour =
$1,020.
1 work-hour ×
$85 per hour =
$85.
Reporting ....................................................................................................
Cost per
product
Parts cost
Cost on U.S.
operators
$0
$1,020
$28,560
0
85
2,380
* While this AD removes certain airplanes from the applicability, the cost estimates in the previous AD did not include airplanes delivered with
provisions for but inoperable horizontal stabilizer fuel tanks. Therefore, the cost estimate in this AD has not changed in that regard.
The FAA estimates the following
costs to do any necessary replacements
that would be required based on the
results of the inspection. The FAA has
no way of determining the number of
aircraft that might need these
replacements:
ON-CONDITION COSTS
Action
Labor cost
Parts cost
Replace transfer pump motor impeller inlet adapter .....................
Replace transfer pump housing inlet check valve .........................
4 work-hours × $85 per hour = $340 ..........
17 work-hours × $85 per hour = $1,445 .....
$1,000
* 20,000
Cost per
product
$1,340
21,445
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* Boeing has indicated that the transfer pump housing inlet check valve is not currently available as a standalone part; this cost is for the pump
housing, which contains the transfer pump housing inlet check valve. Boeing has indicated that it is working with the part supplier to make the
transfer pump housing inlet check valve available as a standalone part.
Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to a penalty for failure to comply with
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a collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB Control Number. The OMB
Control Number for this information
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collection is 2120–0056. Public
reporting for this collection of
information is estimated to be
approximately 1 hour per response,
including the time for reviewing
instructions, searching existing data
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Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Rules and Regulations
sources, gathering and maintaining the
data needed, completing and reviewing
the collection of information. All
responses to this collection of
information are mandatory. Send
comments regarding this burden
estimate or any other aspect of this
collection of information, including
suggestions for reducing this burden to:
Information Collection Clearance
Officer, Federal Aviation
Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
and
(2) Will not affect intrastate aviation
in Alaska.
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List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
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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:
a. Removing Airworthiness Directive
(AD) 2022–27–07, Amendment 39–
22292 (87 FR 80028, December 29,
2022); and
■ b. Adding the following new AD:
■
■
2023–07–09 The Boeing Company:
Amendment 39–22411; Docket No.
FAA–2023–0925; Project Identifier AD–
2023–00255–T.
(a) Effective Date
This airworthiness directive (AD) is
effective May 1, 2023.
(b) Affected ADs
This AD replaces AD 2022–27–07,
Amendment 39–22292 (87 FR 80028,
December 29, 2022) (AD 2022–27–07).
(c) Applicability
This AD applies to The Boeing Company
Model 747–400 and 747–8 series airplanes,
certificated in any category, equipped with
an activated horizontal stabilizer fuel tank
with Crane Aerospace Hydro-Aire horizontal
stabilizer fuel transfer pump housings and
transfer pump motor impellers.
(d) Subject
Air Transport Association (ATA) of
America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by reports of wearthrough of the transfer pump motor impeller
inlet adapter of the horizontal stabilizer fuel
tank transfer pump caused by contact
between the transfer pump housing inlet
check valve and the inlet adapter. The FAA
is issuing this AD to address the
development of an ignition source within the
horizontal stabilizer fuel tank resulting from
wear to the transfer pump housing inlet
check valves and transfer pump motor
impeller inlet adapters of the horizontal
stabilizer fuel tank. This condition, in
combination with flammable fuel vapors,
could result in a fuel tank explosion and
consequent loss of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Retained Definitions, With a Revised
Definition
This paragraph restates the definitions
specified in paragraphs (g)(1) and (2) of AD
2022–27–07, with a revised definition.
(1) A ‘‘serviceable’’ transfer pump motor
impeller inlet adapter is an inlet adapter of
the motor impeller assembly for which any
missing material does not exceed 0.20 inch
in the pump axial direction.
(2) A ‘‘serviceable’’ transfer pump housing
inlet check valve is an inlet check valve for
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22899
which the hinge pin protrudes past the
flapper arm on both sides and there is no
metal disk gouging, missing material,
corrosion, burrs, or raised material. Minor
surface scratches, defects, or appearances of
surface wear are acceptable.
(3) A horizontal stabilizer tank is
considered to be ‘‘activated’’ if it is not
deactivated in production or deactivated by
an approved alteration.
(h) Retained Inspection and Corrective
Action: Transfer Pump Housing Inlet Check
Valve, With No Changes
This paragraph restates the requirements of
paragraph (h) of AD 2022–27–07, with no
changes. Within 90 days after January 13,
2023 (the effective date of AD 2022–27–07):
Do a detailed visual inspection of the transfer
pump housing inlet check valve in the left
and right transfer pump housing for hinge
pin protrusion, gouging, missing material,
corrosion, burrs, and raised material, in
accordance with paragraph C., Work
Instructions, Attachment A, Boeing Multiple
Operator Message MOM–MOM–22–0549–
01B(R1), dated November 29, 2022.
(1) Condition 1: If the hinge pin does not
protrude past the flapper arm on one side, or
if any gouging, missing material, corrosion,
burrs, or raised material is found on the
transfer pump housing inlet check valve, do
the actions required by paragraphs (h)(1)(i)
and (ii) of this AD.
(i) Report inspection findings in
accordance with paragraph (j) of this AD.
(ii) Prior to further flight, replace the
transfer pump housing inlet check valve or
transfer pump housing with a serviceable
transfer pump housing inlet check valve or
transfer pump housing containing a
serviceable transfer pump housing inlet
check valve, in accordance with paragraph
C., Work Instructions, Attachment A, Boeing
Multiple Operator Message MOM–MOM–22–
0549–01B(R1), dated November 29, 2022.
(2) Condition 2: If the hinge pin does
protrude past the flapper arm on both sides,
and no gouging, missing material, corrosion,
burrs, or raised material is found, report
inspection findings in accordance with
paragraph (j) of this AD.
(i) Retained Inspection and Corrective
Action: Transfer Pump Motor Impeller Inlet
Adapter, With No Changes
This paragraph restates the requirements of
paragraph (i) of AD 2022–27–07, with no
changes. Within 90 days after January 13,
2023 (the effective date of AD 2022–27–07):
Do a detailed visual inspection of the transfer
pump motor impeller inlet adapter for wear
(missing material), in accordance with
paragraph D., Work Instructions, Attachment
A, Boeing Multiple Operator Message MOM–
MOM–22–0549–01B(R1), dated November
29, 2022.
(1) Condition 1: If any wear is found that
is 0.20 inch or less, report inspection
findings in accordance with paragraph (j) of
this AD.
(2) Condition 2: If any wear is found that
is greater than 0.20 inch, do the actions
required by paragraphs (i)(2)(i) and (ii) of this
AD.
(i) Report inspection findings in
accordance with paragraph (j) of this AD.
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Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Rules and Regulations
(ii) Before further flight, replace the
transfer pump motor impeller with a transfer
pump motor impeller having a serviceable
inlet adapter, in accordance with paragraph
D., Work Instructions, Attachment A, Boeing
Multiple Operator Message MOM–MOM–22–
0549–01B(R1), dated November 29, 2022.
(j) Retained Reporting Inspection Results,
With No Changes
This paragraph restates the requirements of
paragraph (j) of AD 2022–27–07, with no
changes. At the applicable time specified in
paragraph (j)(1) or (2) of this AD, submit a
report of all findings of the inspections
required by paragraphs (h) and (i) of this AD,
in accordance with paragraph G. and
Appendix A, Attachment A, Boeing Multiple
Operator Message MOM–MOM–22–0549–
01B(R1), dated November 29, 2022.
(1) If the inspection was done on or after
January 13, 2023 (the effective date of AD
2022–27–07): Submit the report within 30
days after the inspection.
(2) If the inspection was done before
January 13, 2023 (the effective date of AD
2022–27–07): Submit the report within 30
days after January 13, 2023.
(k) Retained Parts Installation Limitation,
With Revised Affected Parts
This paragraph restates the requirements of
paragraph (k) of AD 2022–27–07, with
revised affected parts. As of January 13, 2023
(the effective date of AD 2022–27–07), no
person may install, on any airplane, a Crane
Aerospace Hydro-Aire horizontal stabilizer
fuel transfer pump housing or transfer pump
motor impeller, unless the transfer pump
motor impeller inlet adaptor and transfer
pump housing inlet check valve have been
inspected as specified in paragraph (h) or (i)
of this AD, as applicable, and been
determined to be a serviceable part as
defined in paragraph (g)(1) or (2) of this AD.
(l) Retained Credit for Previous Actions,
With No Changes
This paragraph restates the provisions of
paragraph (l) of AD 2022–27–07, with no
changes. This paragraph provides credit for
actions required by paragraphs (h) and (i) of
this AD, if those actions were performed
before January 13, 2023 (the effective date of
AD 2022–27–07) using Boeing Multiple
Operator Message MOM–MOM–22–0549–
01B, dated November 21, 2022.
ddrumheller on DSK120RN23PROD with RULES1
(m) Special Flight Permit
Special flight permits may be issued in
accordance with 14 CFR 21.197 and 21.199
to operate the airplane to a location where
the actions required by this AD can be
performed, provided the horizontal stabilizer
fuel tank is defueled and both transfer pump
circuit breakers are locked in the ‘‘open’’
position.
(n) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or responsible Flight
Standards Office, as appropriate. If sending
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16:10 Apr 13, 2023
Jkt 259001
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (o)(1) of
this AD. Information may be emailed to: 9ANM-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 responsible Flight Standards Office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Seattle ACO Branch, FAA, to make
those findings. To be approved, the repair
method, modification deviation, or alteration
deviation must meet the certification basis of
the airplane, and the approval must
specifically refer to this AD.
Issued on April 8, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
(o) Related Information
AGENCY:
(1) For more information about this AD,
contact Samuel Dorsey, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines,
WA 98198; phone: 206–231–3415; email:
Samuel.j.dorsey@faa.gov.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (p)(4) and (5) of this AD.
(p) 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 this AD specifies otherwise.
(3) The following service information was
approved for IBR on January 13, 2023 (87 FR
80028, December 29, 2022).
(i) Boeing Multiple Operator Message
MOM–MOM–22–0549–01B(R1), dated
November 29, 2022.
(ii) [Reserved]
(4) For Boeing service information
identified in this AD, contact Boeing
Commercial Airplanes, Attention:
Contractual & Data Services (C&DS), 2600
Westminster Blvd., MC 110–SK57, Seal
Beach, CA 90740–5600; telephone 562–797–
1717; website myboeingfleet.com.
(5) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(6) 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 fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
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[FR Doc. 2023–08027 Filed 4–12–23; 4:15 pm]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1488; Project
Identifier MCAI–2022–00788–R; Amendment
39–22391; AD 2023–06–05]
RIN 2120–AA64
Airworthiness Directives; Bell Textron
Canada Limited Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
The FAA is adopting a new
airworthiness directive (AD) for all Bell
Textron Canada Limited Model 206A,
206A–1 (OH–58A), 206B, 206B–1, 206L,
206L–1, 206L–3, and 206L–4
helicopters. This AD was prompted by
a loss of tail rotor (TR) drive due to a
failure of an adhesively bonded joint
between an adapter and a tube on one
of the segmented TR drive shaft (TRDS)
assemblies. This AD requires
determining if an affected TRDS is
installed; repetitively inspecting the
bond line for damage; repetitively
performing a proof load test of the TRDS
assembly; and depending on the results
of the inspections or the proof load
tests, removing an affected TRDS from
service and replacing it with a
serviceable TRDS. This AD also
prohibits installing a TRDS unless it
meets certain requirements, as specified
in a Transport Canada AD, which is
incorporated by reference. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective May 19,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of May 19, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–1488; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, any comments
received, and other information. The
address for Docket Operations is U.S.
Department of Transportation, Docket
SUMMARY:
E:\FR\FM\14APR1.SGM
14APR1
]]>Agencies
[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Rules and Regulations]
[Pages 22895-22900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08027]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0925; Project Identifier AD-2023-00255-T;
Amendment 39-22411; AD 2023-07-09]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-27-
07, which applied to certain The Boeing Company Model 747-400 and 747-8
series airplanes. AD 2022-27-07 required inspecting for wear of the
transfer pump housing inlet check valves and transfer pump motor
impeller inlet adapters for the horizontal stabilizer fuel tank and
doing corrective actions, if necessary. This AD was prompted by the
discovery that certain airplanes were incorrectly included in the
applicability of AD 2022-27-07. This AD continues to require inspecting
for wear of the transfer pump housing inlet check valves and transfer
pump motor impeller inlet adapters for the horizontal stabilizer fuel
tank and doing corrective actions, if necessary. This AD also removes
certain airplanes from the applicability, redefines the definition of
an ``activated'' horizontal stabilizer fuel tank, and limits the
installation of affected parts. The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective May 1, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 13,
2023 (87 FR 80028, December 29, 2022).
The FAA must receive comments on this AD by May 30, 2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov by
searching for and locating Docket No. FAA-2023-0925; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The street address for Docket
Operations is listed above.
Material Incorporated by Reference:
[[Page 22896]]
For service information incorporated by reference in this
AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone 562-797-1717; website myboeingfleet.com.
You may view this referenced service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call 206-231-3195. It is also available at
regulations.gov by searching for and locating Docket No. FAA-2023-0925.
FOR FURTHER INFORMATION CONTACT: Samuel Dorsey, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone: 206-231-3415; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-0925 and Project Identifier
AD-2023-00255-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Samuel
Dorsey, Aerospace Engineer, Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-
3415; email: [email protected]. Any commentary that the FAA
receives that is not specifically designated as CBI will be placed in
the public docket for this rulemaking.
Background
The FAA issued AD 2022-27-07, Amendment 39-22292 (87 FR 80028,
December 29, 2022) (AD 2022-27-07), for certain The Boeing Company
Model 747-400 and 747-8 series airplanes. AD 2022-27-07 required
inspecting for wear of the transfer pump housing inlet check valves and
transfer pump motor impeller inlet adapters for the horizontal
stabilizer fuel tank and doing corrective actions, if necessary. AD
2022-27-07 also limited the installation of affected parts. AD 2022-27-
07 was prompted by reports of wear-through of the transfer pump motor
impeller inlet adapter of a transfer pump for the horizontal stabilizer
fuel tank caused by contact between the transfer pump housing inlet
check valve and the transfer pump motor impeller inlet adapter. The FAA
issued AD 2022-27-07 to address the development of an ignition source
within the horizontal stabilizer fuel tank resulting from wear to the
transfer pump housing inlet check valves and transfer pump motor
impeller inlet adapters of the horizontal stabilizer fuel tank. This
condition, in combination with flammable fuel vapors, could result in a
fuel tank explosion and consequent loss of the airplane.
Actions Since AD 2022-27-07 Was Issued
Since the FAA issued AD 2022-27-07, the agency received comments
from Boeing and Delta Air Lines (Delta) identifying errors affecting
the applicability of AD 2022-27-02. These errors are discussed in
detail along with additional issues in the following section.
Request To Clarify Component Descriptions in AD 2022-27-07
Boeing requested that the FAA clarify the component descriptions
throughout AD 2022-27-07. Boeing explained that the inlet check valve
is part of the transfer pump housing assembly, while the inlet adapter
is part of the transfer pump motor impeller assembly. When referring to
the inlet check valve, Boeing suggested consistent use of ``transfer
pump housing inlet check valve(s).'' And, when referring to the inlet
adapter, Boeing suggested consistent use of ``transfer pump motor
impeller inlet adapter.''
The FAA agrees and has updated this AD accordingly.
Request To Exclude Unaffected Parts From the Applicability of AD 2022-
27-07
Boeing requested that AD 2022-27-07 be revised to exclude certain
parts that are not affected by the unsafe condition addressed in that
AD. Boeing pointed out that the standard Model 747-400 and -8 airplanes
utilize Crane Aerospace Hydro-Aire transfer pump housings and transfer
pump motor impellers having part numbers (P/Ns) 60-703200-x and 60-
72101-x respectively, where x represents all dash numbers, and those
are the parts that are subject to the unsafe condition. Clarifying,
Boeing stated that it received FAA approval in 2003 to use alternate
FR-HiTemp Limited fuel pumps and housings as an option on Model 747-400
airplanes. Boeing further explained that incorporation of the approved
alternate FR-HiTemp Limited part numbers was approved by the FAA as an
alternative method of compliance for AD 2001-21-07, Amendment 39-12478
(66 FR 54652, October 30, 2001), against the Crane Aerospace Hydro-Aire
transfer pump housings and transfer pump motor impellers. Boeing
asserted that the associated certification system safety assessment and
design data reviews for the alternate part numbers concluded that the
unsafe condition cited in AD 2022-27-07 does not exist because the
interface designs are significantly different from the Crane Aerospace
Hydro-Aire design, such that the same unsafe wear condition cannot
develop.
The FAA agrees for the reasons provided by Boeing. Therefore, the
applicability of this AD has been revised to specify that this AD
applies to airplanes equipped with an activated horizontal stabilizer
fuel tank with Crane Aerospace Hydro-Aire horizontal stabilizer fuel
transfer pump housings and transfer pump motor impellers. Therefore,
airplanes without Crane Aerospace Hydro-Aire horizontal stabilizer fuel
transfer pump housings and transfer pump motor impellers are not
subject to this AD.
[[Page 22897]]
Request To Exclude Certain Airplanes From the Applicability of AD 2022-
27-07
Boeing requested that airplanes delivered with no horizontal
stabilizer fuel tank installed in production and airplanes with
provisioned, but non-functional horizontal stabilizer fuel tanks be
removed from the applicability of AD 2022-27-07. Boeing pointed out
that the definition of an ``activated'' tank in paragraph (g)(3) of AD
2022-27-07 is one that is ``. . . considered to be ``activated'' if it
is not deactivated by an approved alteration,'' which might
inadvertently affect airplanes delivered with a horizontal stabilizer
fuel tank in a permanent non-functional state, as well as airplanes
provisioned for future activation to a fully functional state at the
operator's discretion.
Boeing explained that Model 747 airplanes were delivered in three
primary certified configurations: passenger configurations with no
horizontal stabilizer fuel tank installed in production, passenger
configurations with a fully functional horizontal stabilizer fuel tank
installed in production by operator selection of this offered option,
and all freighter configurations with no horizontal stabilizer fuel
tank installed in production. Further, Boeing explained that some
passenger airplanes were delivered with various configurations of
exercised customer options for the horizontal stabilizer fuel tank, and
all of these options were with non-functional horizontal stabilizer
fuel tanks, but with provisions to support later activation to fully
functional configurations via Boeing service bulletins at the
operator's discretion. The various provisional configurations Boeing
described ranged from partial installation of only horizontal
stabilizer fuel tank fuel transfer line shrouds to isolation of the
horizontal stabilizer fuel tank from its dedicated refuel/defuel/
transfer lines at both the center wing fuel tank and the horizontal
stabilizer fuel tank interfaces by disconnecting and capping of same,
de-energizing of fuel pump power circuits, among other actions required
for certification as a non-functional horizontal stabilizer fuel tank.
In all of the provisioned, non-functional configurations, Boeing
asserted that the fuel and fuel vapor is prevented from entering the
horizontal stabilizer fuel tank, as it is isolated from any fuel supply
or communication with non-horizontal stabilizer fuel tanks, nor was any
fuel or fuel vapors introduced during production. Therefore, Boeing
argued that airplanes in configurations with no horizontal stabilizer
fuel tanks installed in production and those with provisioned, but non-
functional horizontal stabilizer fuel tanks have effectively eliminated
the unsafe condition addressed by AD 2022-27-07 due to the elimination
of the potential for flammable fuel vapor with the horizontal
stabilizer fuel tank. However, Boeing points out that these airplane
configurations, by their nature, do not have associated instructions
for an ``approved alteration'' to deactivate the horizontal stabilizer
fuel tank, but are still subject to AD 2022-27-07, based on the
applicability and definition of an ``activated'' horizontal stabilizer
fuel tank.
The FAA agrees that airplanes without a horizontal stabilizer fuel
tank installed in production are not affected by this AD for the
reasons provided by Boeing. The applicability of this AD has been
revised to specify that this AD does not apply to airplanes with
horizontal stabilizer fuel tanks that cannot be fueled without further
modification (i.e., the tanks are sealed and disconnected from the
airplane fuel system).
In addition, the definition of ``activated'' specified in paragraph
(g)(3) of AD 2022-27-07 has been revised in this AD. For the purposes
of this AD, a horizontal stabilizer tank is considered to be
``activated'' if it is not deactivated in production or deactivated by
an approved alteration.
The FAA does not agree to specifically remove airplanes with
provisioned, but non-functional horizontal stabilizer fuel tanks from
the applicability of this AD. Since the horizontal stabilizer tank,
unless deactivated as specified in paragraph (g)(3) of this AD, is
provisioned to be activated at a future date, the FAA has determined
that those airplanes should be subject to this AD. However, no action
is required by this AD for those airplanes until the horizontal
stabilizer tank is activated.
Request To Clarify Publication Date of Service Information Required by
AD 2022-27-07
Delta requested that the FAA clarify the publication date of Boeing
Multiple Operator Message MOM-MOM-22-0549-01B(R1). Delta pointed out
that the message date is listed as both November 29, 2022 (U.S. Pacific
Standard Time (PST)) and November 30, 2022 (Greenwich Mean Time (GMT)),
while the message sent date is identified as November 29, 2022.
Therefore, Delta suggested that the AD should either be clear that the
date used is the date the message was sent or that the dates provided
in the message date field of the message are in both PST and GMT.
The FAA agrees to clarify. The message was published at 1615 PST on
November 29, 2022, which was 0015 GMT on November 30, 2022. The message
was then sent to operators at 0017 GMT on November 30, 2022, which was
1617 PST on November 29, 2022 (not stated on the message). Boeing
Multiple Operator Message MOM-MOM-22-0549-01B(R1), dated November 29,
2022, was published in the U.S. time zone using PST; therefore, that is
the date the FAA AD referenced. No change to this AD has been made in
this regard.
Request To Add Specific Part Numbers in Parts Installation Limitation
of AD 2022-27-07
Delta requested that either the parts installation limitation in
paragraph (k) of AD 2022-27-07 be revised to include specific part
numbers for the affected parts or that it direct operators to the
referenced service information for that information. Delta asserted
that the lack of reference to specific affected part numbers may be
interpreted to mean any and all transfer pump motor impeller inlet
assemblies or transfer pump housing inlet check valves (or assembly
containing either), even though the referenced service information is
limited to specific Crane Aerospace Hydro-Aire pumps and transfer pump
housing inlet check valves.
The FAA partially agrees and has revised the parts installation
limitation specified in paragraph (k) of this AD. Paragraph (k) of this
AD limits the affected parts to Crane Aerospace Hydro-Aire horizontal
stabilizer fuel transfer pump housings and transfer pump motor
impellers. Furthermore, as previously described, in order to remove the
airplanes not affected by the unsafe condition, the FAA has revised the
applicability of this AD by specifying the AD applies to airplanes
equipped with Crane Aerospace Hydro-Aire horizontal stabilizer fuel
transfer pump housings and transfer pump motor impellers.
FAA's Determination
The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.
Related Service Information Under 1 CFR Part 51
This AD requires Boeing Multiple Operator Message MOM-MOM-22-0549-
01B(R1), dated November 29,
[[Page 22898]]
2022, which the Director of the Federal Register approved for
incorporation by reference as of January 13, 2023 (87 FR 80028,
December 29, 2022). 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.
AD Requirements
This AD requires accomplishing the actions specified in the service
information already described. This AD also limits the installation of
affected parts.
Interim Action
This AD is considered to be interim action. The inspection reports
that are required by this AD will enable the manufacturer to obtain
better insight into the nature, cause, and extent of the wear-through,
and eventually to develop final action to address the unsafe condition.
Further, the main and center wing tanks utilize the same pump design
but are currently not subject to the same unsafe condition due to the
shutoff logic of the transfer pumps. However, if that should change or
once final action has been identified, the FAA might consider further
rulemaking.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because the FAA has previously provided notice and comment on this
unsafe condition and has dispositioned those comments herein. The FAA
is redefining the applicable airplanes by revising the applicability in
paragraph (c) and definition in paragraph (g)(3) of this AD. However,
this change does not affect a new population of airplanes, but rather,
this AD removes several airplanes from the applicability of this AD.
Accordingly, notice and opportunity for prior public comment is
unnecessary pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 28 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs *
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Inspections of transfer pump motor 12 work-hours x $85 per $0 $1,020 $28,560
impeller inlet adapter and transfer hour = $1,020.
pump housing inlet check valves (left
and right transfer pumps).
Reporting............................. 1 work-hour x $85 per 0 85 2,380
hour = $85.
----------------------------------------------------------------------------------------------------------------
* While this AD removes certain airplanes from the applicability, the cost estimates in the previous AD did not
include airplanes delivered with provisions for but inoperable horizontal stabilizer fuel tanks. Therefore,
the cost estimate in this AD has not changed in that regard.
The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The FAA has no way of determining the number of aircraft
that might need these replacements:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Replace transfer pump motor impeller inlet 4 work-hours x $85 per hour = $1,000 $1,340
adapter. $340.
Replace transfer pump housing inlet check 17 work-hours x $85 per hour = * 20,000 21,445
valve. $1,445.
----------------------------------------------------------------------------------------------------------------
* Boeing has indicated that the transfer pump housing inlet check valve is not currently available as a
standalone part; this cost is for the pump housing, which contains the transfer pump housing inlet check
valve. Boeing has indicated that it is working with the part supplier to make the transfer pump housing inlet
check valve available as a standalone part.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to be
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data
[[Page 22899]]
sources, gathering and maintaining the data needed, completing and
reviewing the collection of information. All responses to this
collection of information are mandatory. Send comments regarding this
burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden to: Information
Collection Clearance Officer, Federal Aviation Administration, 10101
Hillwood Parkway, Fort Worth, TX 76177-1524.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2022-27-07, Amendment 39-22292
(87 FR 80028, December 29, 2022); and
0
b. Adding the following new AD:
2023-07-09 The Boeing Company: Amendment 39-22411; Docket No. FAA-
2023-0925; Project Identifier AD-2023-00255-T.
(a) Effective Date
This airworthiness directive (AD) is effective May 1, 2023.
(b) Affected ADs
This AD replaces AD 2022-27-07, Amendment 39-22292 (87 FR 80028,
December 29, 2022) (AD 2022-27-07).
(c) Applicability
This AD applies to The Boeing Company Model 747-400 and 747-8
series airplanes, certificated in any category, equipped with an
activated horizontal stabilizer fuel tank with Crane Aerospace
Hydro-Aire horizontal stabilizer fuel transfer pump housings and
transfer pump motor impellers.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by reports of wear-through of the transfer
pump motor impeller inlet adapter of the horizontal stabilizer fuel
tank transfer pump caused by contact between the transfer pump
housing inlet check valve and the inlet adapter. The FAA is issuing
this AD to address the development of an ignition source within the
horizontal stabilizer fuel tank resulting from wear to the transfer
pump housing inlet check valves and transfer pump motor impeller
inlet adapters of the horizontal stabilizer fuel tank. This
condition, in combination with flammable fuel vapors, could result
in a fuel tank explosion and consequent loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Definitions, With a Revised Definition
This paragraph restates the definitions specified in paragraphs
(g)(1) and (2) of AD 2022-27-07, with a revised definition.
(1) A ``serviceable'' transfer pump motor impeller inlet adapter
is an inlet adapter of the motor impeller assembly for which any
missing material does not exceed 0.20 inch in the pump axial
direction.
(2) A ``serviceable'' transfer pump housing inlet check valve is
an inlet check valve for which the hinge pin protrudes past the
flapper arm on both sides and there is no metal disk gouging,
missing material, corrosion, burrs, or raised material. Minor
surface scratches, defects, or appearances of surface wear are
acceptable.
(3) A horizontal stabilizer tank is considered to be
``activated'' if it is not deactivated in production or deactivated
by an approved alteration.
(h) Retained Inspection and Corrective Action: Transfer Pump Housing
Inlet Check Valve, With No Changes
This paragraph restates the requirements of paragraph (h) of AD
2022-27-07, with no changes. Within 90 days after January 13, 2023
(the effective date of AD 2022-27-07): Do a detailed visual
inspection of the transfer pump housing inlet check valve in the
left and right transfer pump housing for hinge pin protrusion,
gouging, missing material, corrosion, burrs, and raised material, in
accordance with paragraph C., Work Instructions, Attachment A,
Boeing Multiple Operator Message MOM-MOM-22-0549-01B(R1), dated
November 29, 2022.
(1) Condition 1: If the hinge pin does not protrude past the
flapper arm on one side, or if any gouging, missing material,
corrosion, burrs, or raised material is found on the transfer pump
housing inlet check valve, do the actions required by paragraphs
(h)(1)(i) and (ii) of this AD.
(i) Report inspection findings in accordance with paragraph (j)
of this AD.
(ii) Prior to further flight, replace the transfer pump housing
inlet check valve or transfer pump housing with a serviceable
transfer pump housing inlet check valve or transfer pump housing
containing a serviceable transfer pump housing inlet check valve, in
accordance with paragraph C., Work Instructions, Attachment A,
Boeing Multiple Operator Message MOM-MOM-22-0549-01B(R1), dated
November 29, 2022.
(2) Condition 2: If the hinge pin does protrude past the flapper
arm on both sides, and no gouging, missing material, corrosion,
burrs, or raised material is found, report inspection findings in
accordance with paragraph (j) of this AD.
(i) Retained Inspection and Corrective Action: Transfer Pump Motor
Impeller Inlet Adapter, With No Changes
This paragraph restates the requirements of paragraph (i) of AD
2022-27-07, with no changes. Within 90 days after January 13, 2023
(the effective date of AD 2022-27-07): Do a detailed visual
inspection of the transfer pump motor impeller inlet adapter for
wear (missing material), in accordance with paragraph D., Work
Instructions, Attachment A, Boeing Multiple Operator Message MOM-
MOM-22-0549-01B(R1), dated November 29, 2022.
(1) Condition 1: If any wear is found that is 0.20 inch or less,
report inspection findings in accordance with paragraph (j) of this
AD.
(2) Condition 2: If any wear is found that is greater than 0.20
inch, do the actions required by paragraphs (i)(2)(i) and (ii) of
this AD.
(i) Report inspection findings in accordance with paragraph (j)
of this AD.
[[Page 22900]]
(ii) Before further flight, replace the transfer pump motor
impeller with a transfer pump motor impeller having a serviceable
inlet adapter, in accordance with paragraph D., Work Instructions,
Attachment A, Boeing Multiple Operator Message MOM-MOM-22-0549-
01B(R1), dated November 29, 2022.
(j) Retained Reporting Inspection Results, With No Changes
This paragraph restates the requirements of paragraph (j) of AD
2022-27-07, with no changes. At the applicable time specified in
paragraph (j)(1) or (2) of this AD, submit a report of all findings
of the inspections required by paragraphs (h) and (i) of this AD, in
accordance with paragraph G. and Appendix A, Attachment A, Boeing
Multiple Operator Message MOM-MOM-22-0549-01B(R1), dated November
29, 2022.
(1) If the inspection was done on or after January 13, 2023 (the
effective date of AD 2022-27-07): Submit the report within 30 days
after the inspection.
(2) If the inspection was done before January 13, 2023 (the
effective date of AD 2022-27-07): Submit the report within 30 days
after January 13, 2023.
(k) Retained Parts Installation Limitation, With Revised Affected Parts
This paragraph restates the requirements of paragraph (k) of AD
2022-27-07, with revised affected parts. As of January 13, 2023 (the
effective date of AD 2022-27-07), no person may install, on any
airplane, a Crane Aerospace Hydro-Aire horizontal stabilizer fuel
transfer pump housing or transfer pump motor impeller, unless the
transfer pump motor impeller inlet adaptor and transfer pump housing
inlet check valve have been inspected as specified in paragraph (h)
or (i) of this AD, as applicable, and been determined to be a
serviceable part as defined in paragraph (g)(1) or (2) of this AD.
(l) Retained Credit for Previous Actions, With No Changes
This paragraph restates the provisions of paragraph (l) of AD
2022-27-07, with no changes. This paragraph provides credit for
actions required by paragraphs (h) and (i) of this AD, if those
actions were performed before January 13, 2023 (the effective date
of AD 2022-27-07) using Boeing Multiple Operator Message MOM-MOM-22-
0549-01B, dated November 21, 2022.
(m) Special Flight Permit
Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the airplane to a location where the
actions required by this AD can be performed, provided the
horizontal stabilizer fuel tank is defueled and both transfer pump
circuit breakers are locked in the ``open'' position.
(n) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in paragraph (o)(1) of this AD. Information may be
emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.
(o) Related Information
(1) For more information about this AD, contact Samuel Dorsey,
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch,
2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3415;
email: [email protected].
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (p)(4) and (5) of this AD.
(p) 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 this AD specifies otherwise.
(3) The following service information was approved for IBR on
January 13, 2023 (87 FR 80028, December 29, 2022).
(i) Boeing Multiple Operator Message MOM-MOM-22-0549-01B(R1),
dated November 29, 2022.
(ii) [Reserved]
(4) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone 562-797-1717; website myboeingfleet.com.
(5) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(6) 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 [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on April 8, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-08027 Filed 4-12-23; 4:15 pm]
BILLING CODE 4910-13-P
