Airworthiness Directives; The Boeing Company Airplanes, 50014-50018 [R1-2023-15305]

Download as PDF 50014 Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 (i) Inspection of the Gap, Parts Marking Actions, and Replacement, With No Changes If, during any inspection or records review required by paragraph (h) of this AD, any oxygen valve assembly, valve or cylinder of an oxygen cylinder and valve assembly, or oxygen cylinder and valve assembly having an affected serial number is found: Before further flight, do a detailed inspection for correct spacing of the gap between the bottom of the packing retainer and top of the valve body, in accordance with paragraph 3.C. of the Accomplishment Instructions of the applicable service information identified in paragraphs (h)(1) through (3) of this AD. (1) If the gap is found to be acceptable, as defined in the applicable service information identified in paragraphs (h)(1) through (3) of this AD, before further flight, do the parts marking actions in accordance with paragraph 3.D.(1) of the Accomplishment Instructions of the applicable service information identified in paragraphs (h)(1) through (3) of this AD. (2) If the gap is found to be unacceptable, as defined in the applicable service information identified in paragraphs (h)(1) through (3) of this AD, before further flight, remove the affected assembly, in accordance with paragraphs 3.D.(2) or 3.D.(3), as applicable, of the Accomplishment Instructions of the applicable service information identified in paragraphs (h)(1) through (3) of this AD; and replace with a serviceable assembly. (j) Reporting and Return of Parts (1) Report the results of the inspection required by paragraph (i) of this AD within the applicable time specified in paragraph (j)(1)(i) or (ii) of this AD. Report the results in accordance with paragraph 3.D.(1)(a) of the Accomplishment Instructions of the applicable service information identified in paragraphs (h)(1) through (3) of this AD. (i) If the inspection was done on or after the effective date of this AD: Submit the report within 30 days after the inspection. (ii) If the inspection was done before the effective date of this AD: Submit the report within 30 days after the effective date of this AD. (2) If, during the inspection required by paragraph (i) of this AD, any gap is found to be unacceptable, within the applicable time specified in paragraph (j)(2)(i) or (ii) of this AD, return the assembly to the manufacturer in accordance with paragraph 3.D.(2) or 3.D.(3), as applicable, of the Accomplishment Instructions of the applicable service information identified in paragraphs (h)(1) through (3) of this AD, except you are not required to contact AVOX Systems Inc. for shipping instructions. (i) If the inspection was done on or after the effective date of this AD: Return the assembly within 30 days after the inspection. (ii) If the inspection was done before the effective date of this AD: Return the assembly within 30 days after the effective date of this AD. (k) Parts Installation Limitation As of the effective date of this AD, no AVOX Systems Inc. oxygen valve assembly, or valve or cylinder that is part of an oxygen VerDate Sep<11>2014 16:03 Jul 31, 2023 Jkt 259001 cylinder and valve assembly, or oxygen cylinder and valve assembly having an affected serial number identified in Appendix 1, ‘‘Affected Shipments,’’ or Appendix 2, ‘‘Affected Shipments,’’ of any AVOX Systems Inc. service information identified in paragraphs (h)(1) through (3) of this AD may be installed on any airplane unless the requirements of paragraph (i) of this AD have been accomplished on that affected assembly. (l) Credit for Previous Actions (1) This paragraph provides credit for the actions specified in paragraphs (h) or (i) of this AD, if those actions were performed before the effective date of this AD using the service information specified in paragraphs (l)(1)(i) through (iii) of this AD. This service information is not incorporated by reference in this AD. (i) AVOX Systems Inc. Service Bulletin 10015804–35–01, dated March 6, 2019; and AVOX Systems Inc. Alert Service Bulletin 10015804–35–01, Revision 01, dated July 9, 2019. (ii) AVOX Systems Inc. Alert Service Bulletin 10015804–35–02, Revision 1, dated September 4, 2019. (iii) AVOX Systems Inc. Service Bulletin 10015804–35–03, dated April 11, 2019; and AVOX Systems Inc. Alert Service Bulletin 10015804–35–03, Revision 01, dated May 21, 2019. (2) This paragraph provides credit for the actions specified in paragraphs (h) or (i) of this AD, if those actions were performed before the effective date of this AD using the service information specified in paragraphs (l)(2)(i) through (iii) of this AD, which was incorporated by reference in AD 2022–04–09. (i) AVOX Systems Inc. Alert Service Bulletin 10015804–35–01, Revision 02, dated October 16, 2019. (ii) AVOX Systems Inc. Alert Service Bulletin 10015804–35–02, Revision 2, dated October 31, 2019. (iii) AVOX Systems Inc. Alert Service Bulletin 10015804–35–03, Revision 02, dated October 15, 2019. (m) Alternative Methods of Compliance (AMOCs) (1) The Manager, East Certification 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 East Certification Branch, send it to ATTN: Program Manager, Continuing Operational Safety, at the address identified in paragraph (n) of this AD or email to: 9-avs-nyaco-cos@ faa.gov. If mailing information, also submit information by email. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (n) Related Information For more information about this AD, contact Elizabeth Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 410, Westbury, NY 11590; telephone 516– 228–7300; email 9-avs-nyaco-cos@faa.gov. (o) 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) AVOX Systems Inc. Alert Service Bulletin 10015804–35–01, Revision 03, dated June 7, 2021. (ii) AVOX Systems Inc. Alert Service Bulletin 10015804–35–02, Revision 03, dated March 11, 2022. (iii) AVOX Systems Inc. Alert Service Bulletin 10015804–35–03, Revision 03, dated June 18, 2021. (3) For service information identified in this AD, contact AVOX Systems Inc., 225 Erie Street, Lancaster, NY 14086; telephone 716–683–5100; website safranaerosystems.com. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on July 7, 2023. Michael Linegang, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–16192 Filed 7–31–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–0458; Project Identifier AD–2021–00633–T; Amendment 39–22494; AD 2023–13–09] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: Editorial Note: Editorial Note: Rule document 2023–15305 originally published on pages 46673–46677 in the issue of Thursday, July 20, 2023. In that publication, on page 46676, in the first column, in the ‘‘(c) Applicability’’ paragraph, the text ‘‘–300,’’ should have appeared. The rule is E:\FR\FM\01AUR1.SGM 01AUR1 Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Rules and Regulations republished here corrected and in its entirety. The FAA is adopting a new airworthiness directive (AD) for all The Boeing Company Model 767 airplanes. This AD was prompted by reports of inoperative manual and alternate horizontal stabilizer trim switches. This AD requires repetitive inspections for immersion of each limit switch and position transmitter module (LSPTM) and of the LSPTM electrical wiring, repetitive inspections for blockage of the drain holes and cleaning of each drain hole, repetitive inspections for loose or cracked leveling compound, and applicable on-condition actions. For certain airplanes, this AD also requires installing two new drain holes, performing repetitive inspections for blockage of the drain holes and cleaning each drain hole, and applicable oncondition actions. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective August 24, 2023. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of August 24, 2023. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2022–0458; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. Material Incorporated by Reference: • For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; website myboeingfleet.com. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available at regulations.gov under Docket No. FAA– 2022–0458. FOR FURTHER INFORMATION CONTACT: Doug Tsuji, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206–231–3548; email: Douglas.Tsuji@faa.gov. SUMMARY: lotter on DSK11XQN23PROD with RULES1 SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:03 Jul 31, 2023 Jkt 259001 Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all The Boeing Company Model 767 airplanes. The NPRM published in the Federal Register on April 25, 2022 (87 FR 24276). The NPRM was prompted by reports of inoperative manual and alternate horizontal stabilizer trim switches, as a result of blocked drain holes in the area aft of body station (STA) 1725.5, which caused water to accumulate and eventually submerge the three LSPTMs, affecting their function. In the NPRM, the FAA proposed to require repetitive inspections for immersion of each LSPTM and of the LSPTM electrical wiring, repetitive inspections for blockage of the drain holes and cleaning of each drain hole, repetitive inspections for loose or cracked leveling compound, and applicable on-condition actions. For certain airplanes, the FAA proposed to also require installing two new drain holes, performing repetitive inspections for blockage of the drain holes and cleaning each drain hole, and applicable on-condition actions. The FAA is issuing this AD to address collected water or ice that could damage the LSPTMs and cause stabilizer trim position sensors to generate corrupt or erroneous signals to the flight crew. This condition, if not addressed, could result in misleading or confusing flight deck indications, a high speed overrun during takeoff, or a low altitude stall immediately after takeoff. Discussion of Final Airworthiness Directive Comments The FAA received comments from The Air Line Pilots Association, International (ALPA), United Airlines, and an individual who supported the NPRM without change. The FAA received additional comments from four commenters, including UPS, FedEx, Delta Air Lines (Delta), and Aviation Partners Boeing (APB). The following presents the comments received on the NPRM and the FAA’s response to each comment. Effect of Winglets on Accomplishment of the Proposed Actions APB stated that the installation of winglets per Supplemental Type Certificate (STC) ST01920SE does not affect the accomplishment of the manufacturer’s service instructions. The FAA agrees with the commenter that STC ST01920SE does not affect the accomplishment of the manufacturer’s PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 50015 service instructions. Therefore, the installation of STC ST01920SE does not affect the ability to accomplish the actions required by this AD. The FAA has not changed this AD in this regard. Request To Revise Inspection Interval FedEx requested that the repetitive interval for the inspections specified in Boeing Alert Requirements Bulletin 767–27A0240 RB, dated January 19, 2021, be revised from 90 days to 225 days. FedEx noted that, in anticipation of an AD, it had begun inspecting all Model 767–300F aircraft at 90 day intervals, but could not maintain that schedule, and even a 120 day inspection interval was challenging to comply with. FedEx added that, during those initial inspections, it found only one aircraft with a clogged drain hole and no evidence of water pooling, damaged leveling compound, or damaged LSPTMs in its fleet. Based on those findings, FedEx stated that it had revised its inspection intervals to 450 flight cycles (the equivalent of 225 days). FedEx noted that if the FAA mandates a 90 day repetitive interval, it will be forced to ground aircraft. FedEx concluded that a 225 day inspection interval would eliminate undue burden on operators while maintaining an acceptable level of safety. The FAA partially agrees with the commenter’s request. Based on the FAA’s risk assessment, the FAA has determined that a 225 day interval, which equates to approximately 3 inspections during the 24 month interval before the new drain holes must be added, is not adequate to address the unsafe condition because the inspections would not be frequent enough. However, the FAA has determined that extending the interval to 150 days, which equates to approximately 5 inspections during the 24 month interval before the new drain holes must be added, provides an adequate level of safety. The FAA has added paragraph (h)(4) of this AD to specify the 150 day inspection interval. Request To Clarify Exception Language Delta requested that paragraph (h)(3) of the proposed AD be revised to clarify the intent. Delta claimed the wording is very confusing and initially lead it to believe that both service bulletins, Boeing Alert Requirements Bulletin 767–27A0243 RB, dated May 28, 2021, and Boeing Alert Requirements Bulletin 767–27A0240 RB, dated January 19, 2021, must be accomplished in 90 days. Delta added that it understands the intent of paragraph (h)(3) of the proposed AD is to address a discrepancy where Boeing Alert Requirements E:\FR\FM\01AUR1.SGM 01AUR1 50016 Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Rules and Regulations Bulletin 767–27A0243 RB, dated May 28, 2021, Action 1, gives a compliance time of 24 months to do Boeing Alert Requirements Bulletin 767–27A0240 RB, dated January 19, 2021, which in turn has an initial compliance time of 90 days. Delta suggested that paragraph (h)(3) could be clarified to specify the compliance times for each referenced bulletin. The FAA agrees with the commenter’s request. The FAA has revised paragraph (h)(3) of this AD to clarify that although Action 1 in Boeing Alert Requirements Bulletin 767–27A0243 RB, dated May 28, 2021, specifies to accomplish the actions in Boeing Alert Requirements Bulletin 767–27A0240 RB, dated January 19, 2021, within 24 months after the date of issuance of the original airworthiness certificate or original export certificate of airworthiness, or within 24 months after the original issue date of Boeing Alert Requirements Bulletin 767–27A0243 RB, whichever occurs later; Boeing Alert Requirements Bulletin 767–27A0240 RB, dated January 19, 2021, contains the applicable compliance times for accomplishing the actions specified in Action1. The applicable compliance times for all other actions in Boeing Alert Requirements Bulletin 767– 27A0243 RB, dated May 28, 2021, is at the times specified in Boeing Alert Requirements Bulletin 767–27A0243 RB, dated May 28, 2021, except as specified in paragraph (h)(1) of this AD. lotter on DSK11XQN23PROD with RULES1 Request To Delay AD Issuance Until Parts Are Available FedEx requested that the FAA delay issuance of a final rule until parts are available from Boeing. FedEx noted that it is planning to modify its aircraft as soon as possible, which would allow it to stop the repetitive inspections. However, FedEx stated that it has been trying unsuccessfully to order the necessary parts from Boeing since August, 2021. FedEx added that it was told the delivery schedule was ‘‘to be determined,’’ causing it to miss many scheduled aircraft checks. The FAA disagrees with the commenter’s request. The FAA notes that this AD requires repetitive inspections until the terminating modification is accomplished, so delaying issuance of this AD would also delay those vital inspections. Additionally, the FAA has confirmed with the manufacturer that adequate parts will be available to comply with this AD in the required compliance time. This AD has not been changed regarding this issue. VerDate Sep<11>2014 16:03 Jul 31, 2023 Jkt 259001 Request To Revise Certain Notes FedEx requested that the FAA revise Note 1 to paragraph (g)(1) and Note 2 to paragraph (g)(2). FedEx requested revised wording to ensure that the new AD would not require the service information referenced in those notes. The FAA agrees to clarify. The wording in the notes is intended to inform operators that the service information specified contains additional guidance for accomplishing the required actions. The service information referenced in the notes is not mandated by this AD, and operators are not required to use it. This AD has not been changed regarding this issue. Request To Allow Skipping Close Access in Certain Situations Delta requested that the proposed AD be revised to allow operators to skip certain close access steps. Delta stated that certain conditions in Boeing Alert Requirements Bulletin 767–27A0240 RB, dated January 19, 2021; and Boeing Alert Requirements Bulletin 767– 27A0243 RB, dated May 28, 2021, include reference to close access or open access steps. Delta added that, based on how an operator would perform the steps, it doesn’t make sense to close access when finishing the actions in one table, only to have to open access to begin work on the actions in the next table. Delta noted that some close access steps in Boeing Alert Requirements Bulletin 767– 27A0240 RB, dated January 19, 2021, include a flagnote allowing operators to skip the close access steps if additional work is required. Delta concluded that the flagnote should have been included for close access steps throughout Boeing Alert Requirements Bulletin 767– 27A0240 RB, dated January 19, 2021; and Boeing Alert Requirements Bulletin 767–27A0243 RB, dated May 28, 2021. The FAA agrees to clarify. The close access steps are not listed in the ‘‘Action’’ or ‘‘Method of Compliance’’ columns in the referenced service information. Instead, the close access steps are in a ‘‘Refer to’’ column, which is for reference only; the procedures within that column are not required by this AD and are for guidance only. Therefore, operators may deviate from those steps using accepted procedures. Acceptable deviations include not performing close access steps until all applicable actions are completed. This AD has not been changed regarding this issue. Request To Not Require Certain Actions UPS requested that the proposed AD be revised to not require the actions PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 specified in paragraph (g)(2) of the proposed AD. UPS stated that it understands that accomplishment of the repetitive inspections at the shorter interval specified in Boeing Alert Requirements Bulletin 767–27A0240 RB, dated January 19, 2021, is an acceptable means to detect and prevent the accumulation of water and ice in the area of the LSPTMs. UPS suggested that these frequent inspections provide an equivalent level of safety as adding new drain holes and inspections with a longer inspection interval. Therefore, UPS requested that the actions in paragraph (g)(2) of the proposed AD be made optional and terminate the actions in paragraph (g)(1) of the proposed AD if accomplished. The FAA disagrees with the commenter’s request. The addition of the two drain holes will create a configuration where multiple unique blockage events must occur before the accumulation of water or ice can happen. The FAA has therefore determined that the addition of drain holes, combined with the repetitive inspections, cleaning, and on-condition actions, is the best method to address the unsafe condition. However, under the provisions specified in paragraph (i) of this AD, the FAA will consider requests for alternative methods of compliance (AMOCs). This AD has not been changed regarding this issue. Conclusion The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, and any other changes described previously, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator. Related Service Information Under 1 CFR Part 51 The FAA reviewed Boeing Alert Requirements Bulletin 767–27A0240 RB, dated January 19, 2021, which specifies procedures for repetitive general visual inspections (GVIs) for immersion in water or ice of each LSPTM and of the LSPTM electrical wiring, repetitive GVIs for blockage of the three drain holes and cleaning of each drain hole, repetitive GVIs for loose or cracked leveling compound, and applicable on-condition actions. On-condition actions include removing any water or ice, doing a detailed inspection for damage (corrosion or water damage) of any immersed LSPTM E:\FR\FM\01AUR1.SGM 01AUR1 50017 Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Rules and Regulations or LSPTM electrical wiring, installing a serviceable LSPTM, repairing or replacing any damaged LSPTM electrical wiring, clearing any drain hole blockages, and repairing any loose or cracked leveling compound. The FAA also reviewed Boeing Alert Requirements Bulletin 767–27A0243 RB, dated May 28, 2021. This service information specifies procedures for installing two new drain holes, performing repetitive GVIs for blockage of the five drain holes and cleaning each drain hole, and applicable on-condition actions. On-condition actions include clearing any drain hole blockages. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in ADDRESSES. Costs of Compliance The FAA estimates that this AD affects 613 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS Action Labor cost Drill drain holes ......................................... Repetitive GVI and cleaning of 5 drain holes. Repetitive GVI of LSPTM ......................... 5 work-hours × $85 per hour = $425 ...... 2 work-hours × $85 per hour = $170 per inspection cycle. 1 work-hour × $85 per hour = $85 per inspection cycle. 1 work-hour × $85 per hour = $85 per inspection cycle. 1 work-hour × $85 per hour = $85 per inspection cycle. 1 work-hour × $85 per hour = $85 per inspection cycle. Repetitive GVI of LSPTM electrical wiring Repetitive GVI and cleaning of 3 drain holes. Repetitive GVI of leveling compound ....... The FAA estimates the following costs to do any necessary inspections that would be required based on the Cost per product Cost on U.S. operators $3,195 .................... $170 per inspection cycle. $85 per inspection cycle. $85 per inspection cycle. $85 per inspection cycle. $85 per inspection cycle. Up to $1,958,535. Up to $104,210 per inspection cycle. $52,105 per inspection cycle. $52,105 per inspection cycle. $52,105 per inspection cycle. $52,105 per inspection cycle. Parts cost $2,770 0 results of the inspection. The agency has no way of determining the number of 0 0 0 0 aircraft that might need these inspections: ON-CONDITION COSTS Action Labor cost Detailed inspection of LSPTM or LSPTM electrical wiring. 1 work-hour × $85 per hour = $85 ............................... The FAA has received no definitive data on which to base the cost estimates for the other on-condition actions specified in this AD. lotter on DSK11XQN23PROD with RULES1 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. VerDate Sep<11>2014 16:03 Jul 31, 2023 Jkt 259001 Cost per product Parts cost $0 $85 Regulatory Findings The Amendment This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Will not affect intrastate aviation in Alaska, and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 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: ■ 2023–13–09 The Boeing Company: Amendment 39–22494; Docket No. FAA–2022–0458; Project Identifier AD– 2021–00633–T. (a) Effective Date This airworthiness directive (AD) is effective August 24, 2023. (b) Affected ADs None. E:\FR\FM\01AUR1.SGM 01AUR1 50018 Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Rules and Regulations (c) Applicability This AD applies to all The Boeing Company Model 767–200, –300, –300F, –400ER, and –2C series airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 27, Flight controls; (e) Unsafe Condition This AD was prompted by reports of inoperative manual and alternate horizontal stabilizer trim switches; an investigation found that certain drain holes were blocked, causing water and ice to collect and subsequently cover the limit switch and position transmitter modules (LSPTMs), which affected their function. The FAA is issuing this AD to address collected water or ice that could damage the LSPTMs and cause stabilizer trim position sensors to generate corrupt or erroneous signals to the flight crew. This condition, if not addressed, could result in misleading or confusing flight deck indications, a high speed overrun during takeoff, or a low altitude stall immediately after takeoff. lotter on DSK11XQN23PROD with RULES1 (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions (1) For all Model 767–200, –300, –300F, and –400ER airplanes: Except as specified by paragraph (h) of this AD, at the applicable times specified in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 767–27A0240 RB, dated January 19, 2021, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 767–27A0240 RB, dated January 19, 2021. Note 1 to paragraph (g)(1): Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 767–27A0240, dated January 19, 2021, which is referred to in Boeing Alert Requirements Bulletin 767–27A0240 RB, dated January 19, 2021. (2) For Model 767–200, –300, –300F, and –400ER airplanes, as identified in Boeing Alert Requirements Bulletin 767–27A0243 RB, dated May 28, 2021: Except as specified by paragraph (h) of this AD, at the applicable times specified in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 767–27A0243 RB, dated May 28, 2021, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 767–27A0243 RB, dated May 28, 2021. Accomplishing the installation of two new drain holes required by this paragraph terminates the repetitive inspections of the drain holes required by paragraph (g)(1) of this AD. Note 2 to paragraph (g)(2): Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 767–27A0243, dated May 28, 2021, which is referred to in Boeing Alert VerDate Sep<11>2014 16:03 Jul 31, 2023 Jkt 259001 Requirements Bulletin 767–27A0243 RB, dated May 28, 2021. (3) For Model 767–2C airplanes: Within 90 days after the effective date of this AD, inspect the LSPTMs, LSPTM electrical wiring, drain holes, and leveling compound; install two new drain holes as applicable; and do applicable on-condition actions in accordance with a method approved by the Manager, AIR–520 Continued Operational Safety Branch, FAA. (h) Exceptions to Service Information Specifications (1) Where Boeing Alert Requirements Bulletin 767–27A0243 RB, dated May 28, 2021, uses the phrase ‘‘the original issue date of the Requirements Bulletin 767–27A0243 RB,’’ this AD requires using ‘‘the effective date of this AD.’’ (2) Where Boeing Alert Requirements Bulletin 767–27A0240 RB, dated January 19, 2021, uses the phrase ‘‘the original issue date of the Requirements Bulletin 767–27A0240 RB,’’ this AD requires using ‘‘the effective date of this AD.’’ (3) Where Boeing Alert Requirements Bulletin 767–27A0243 RB, dated May 28, 2021, specifies a compliance time for Action 1 (accomplishment of Boeing Alert Requirements Bulletin 767–27A0240 RB, dated January 19, 2021), for this AD the compliance times for accomplishing the actions in Boeing Alert Requirements Bulletin 767–27A0240 RB, dated January 19, 2021, are as specified in paragraph (g)(1) of this AD. (4) Where the ‘‘Repeat Interval (Not to Exceed)’’ column of the Compliance tables in Boeing Alert Requirements Bulletin 767– 27A0240 RB, dated January 19, 2021, specifies ‘‘90 days,’’ this AD requires using ‘‘150 days.’’ (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, AIR–520 Continued Operational Safety 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 (j)(1) of this AD. Information may be emailed to: 9-ANMSeattle-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, AIR–520 Continued Operational Safety 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. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 (j) Additional Information (1) For more information about this AD, contact Doug Tsuji, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206–231–3548; email: Douglas.Tsuji@faa.gov. (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (k)(3) and (4) of this AD. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Boeing Alert Requirements Bulletin 767–27A0240 RB, dated January 19, 2021. (ii) Boeing Alert Requirements Bulletin 767–27A0243 RB, dated May 28, 2021. (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; website myboeingfleet.com. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on June 28, 2023. Michael Linegang, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. R1–2023–15305 Filed 7–31–23; 8:45 am] BILLING CODE 0099–10–D DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2022–0245; Airspace Docket No. 19–AAL–49] RIN 2120–AA66 Establishment of United States Area Navigation (RNAV) Route T–380; Emmonak, AK Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action establishes United States Area Navigation (RNAV) T-route, SUMMARY: E:\FR\FM\01AUR1.SGM 01AUR1

Agencies

[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Rules and Regulations]
[Pages 50014-50018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: R1-2023-15305]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0458; Project Identifier AD-2021-00633-T; 
Amendment 39-22494; AD 2023-13-09]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

    Editorial Note: Editorial Note: Rule document 2023-15305 
originally published on pages 46673-46677 in the issue of Thursday, 
July 20, 2023. In that publication, on page 46676, in the first 
column, in the ``(c) Applicability'' paragraph, the text ``-300,'' 
should have appeared. The rule is

[[Page 50015]]

republished here corrected and in its entirety.
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
The Boeing Company Model 767 airplanes. This AD was prompted by reports 
of inoperative manual and alternate horizontal stabilizer trim 
switches. This AD requires repetitive inspections for immersion of each 
limit switch and position transmitter module (LSPTM) and of the LSPTM 
electrical wiring, repetitive inspections for blockage of the drain 
holes and cleaning of each drain hole, repetitive inspections for loose 
or cracked leveling compound, and applicable on-condition actions. For 
certain airplanes, this AD also requires installing two new drain 
holes, performing repetitive inspections for blockage of the drain 
holes and cleaning each drain hole, and applicable on-condition 
actions. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective August 24, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 24, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-0458; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, any comments received, and other 
information. The address for Docket Operations is U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
contact Boeing Commercial Airplanes, Attention: Contractual & Data 
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 
90740-5600; telephone 562-797-1717; website myboeingfleet.com.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195. It is also available at 
regulations.gov under Docket No. FAA-2022-0458.

FOR FURTHER INFORMATION CONTACT: Doug Tsuji, Aviation Safety Engineer, 
FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3548; 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all The Boeing Company 
Model 767 airplanes. The NPRM published in the Federal Register on 
April 25, 2022 (87 FR 24276). The NPRM was prompted by reports of 
inoperative manual and alternate horizontal stabilizer trim switches, 
as a result of blocked drain holes in the area aft of body station 
(STA) 1725.5, which caused water to accumulate and eventually submerge 
the three LSPTMs, affecting their function. In the NPRM, the FAA 
proposed to require repetitive inspections for immersion of each LSPTM 
and of the LSPTM electrical wiring, repetitive inspections for blockage 
of the drain holes and cleaning of each drain hole, repetitive 
inspections for loose or cracked leveling compound, and applicable on-
condition actions. For certain airplanes, the FAA proposed to also 
require installing two new drain holes, performing repetitive 
inspections for blockage of the drain holes and cleaning each drain 
hole, and applicable on-condition actions. The FAA is issuing this AD 
to address collected water or ice that could damage the LSPTMs and 
cause stabilizer trim position sensors to generate corrupt or erroneous 
signals to the flight crew. This condition, if not addressed, could 
result in misleading or confusing flight deck indications, a high speed 
overrun during takeoff, or a low altitude stall immediately after 
takeoff.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from The Air Line Pilots Association, 
International (ALPA), United Airlines, and an individual who supported 
the NPRM without change.
    The FAA received additional comments from four commenters, 
including UPS, FedEx, Delta Air Lines (Delta), and Aviation Partners 
Boeing (APB). The following presents the comments received on the NPRM 
and the FAA's response to each comment.

Effect of Winglets on Accomplishment of the Proposed Actions

    APB stated that the installation of winglets per Supplemental Type 
Certificate (STC) ST01920SE does not affect the accomplishment of the 
manufacturer's service instructions.
    The FAA agrees with the commenter that STC ST01920SE does not 
affect the accomplishment of the manufacturer's service instructions. 
Therefore, the installation of STC ST01920SE does not affect the 
ability to accomplish the actions required by this AD. The FAA has not 
changed this AD in this regard.

Request To Revise Inspection Interval

    FedEx requested that the repetitive interval for the inspections 
specified in Boeing Alert Requirements Bulletin 767-27A0240 RB, dated 
January 19, 2021, be revised from 90 days to 225 days. FedEx noted 
that, in anticipation of an AD, it had begun inspecting all Model 767-
300F aircraft at 90 day intervals, but could not maintain that 
schedule, and even a 120 day inspection interval was challenging to 
comply with. FedEx added that, during those initial inspections, it 
found only one aircraft with a clogged drain hole and no evidence of 
water pooling, damaged leveling compound, or damaged LSPTMs in its 
fleet. Based on those findings, FedEx stated that it had revised its 
inspection intervals to 450 flight cycles (the equivalent of 225 days). 
FedEx noted that if the FAA mandates a 90 day repetitive interval, it 
will be forced to ground aircraft. FedEx concluded that a 225 day 
inspection interval would eliminate undue burden on operators while 
maintaining an acceptable level of safety.
    The FAA partially agrees with the commenter's request. Based on the 
FAA's risk assessment, the FAA has determined that a 225 day interval, 
which equates to approximately 3 inspections during the 24 month 
interval before the new drain holes must be added, is not adequate to 
address the unsafe condition because the inspections would not be 
frequent enough. However, the FAA has determined that extending the 
interval to 150 days, which equates to approximately 5 inspections 
during the 24 month interval before the new drain holes must be added, 
provides an adequate level of safety. The FAA has added paragraph 
(h)(4) of this AD to specify the 150 day inspection interval.

Request To Clarify Exception Language

    Delta requested that paragraph (h)(3) of the proposed AD be revised 
to clarify the intent. Delta claimed the wording is very confusing and 
initially lead it to believe that both service bulletins, Boeing Alert 
Requirements Bulletin 767-27A0243 RB, dated May 28, 2021, and Boeing 
Alert Requirements Bulletin 767-27A0240 RB, dated January 19, 2021, 
must be accomplished in 90 days. Delta added that it understands the 
intent of paragraph (h)(3) of the proposed AD is to address a 
discrepancy where Boeing Alert Requirements

[[Page 50016]]

Bulletin 767-27A0243 RB, dated May 28, 2021, Action 1, gives a 
compliance time of 24 months to do Boeing Alert Requirements Bulletin 
767-27A0240 RB, dated January 19, 2021, which in turn has an initial 
compliance time of 90 days. Delta suggested that paragraph (h)(3) could 
be clarified to specify the compliance times for each referenced 
bulletin.
    The FAA agrees with the commenter's request. The FAA has revised 
paragraph (h)(3) of this AD to clarify that although Action 1 in Boeing 
Alert Requirements Bulletin 767-27A0243 RB, dated May 28, 2021, 
specifies to accomplish the actions in Boeing Alert Requirements 
Bulletin 767-27A0240 RB, dated January 19, 2021, within 24 months after 
the date of issuance of the original airworthiness certificate or 
original export certificate of airworthiness, or within 24 months after 
the original issue date of Boeing Alert Requirements Bulletin 767-
27A0243 RB, whichever occurs later; Boeing Alert Requirements Bulletin 
767-27A0240 RB, dated January 19, 2021, contains the applicable 
compliance times for accomplishing the actions specified in Action1. 
The applicable compliance times for all other actions in Boeing Alert 
Requirements Bulletin 767-27A0243 RB, dated May 28, 2021, is at the 
times specified in Boeing Alert Requirements Bulletin 767-27A0243 RB, 
dated May 28, 2021, except as specified in paragraph (h)(1) of this AD.

Request To Delay AD Issuance Until Parts Are Available

    FedEx requested that the FAA delay issuance of a final rule until 
parts are available from Boeing. FedEx noted that it is planning to 
modify its aircraft as soon as possible, which would allow it to stop 
the repetitive inspections. However, FedEx stated that it has been 
trying unsuccessfully to order the necessary parts from Boeing since 
August, 2021. FedEx added that it was told the delivery schedule was 
``to be determined,'' causing it to miss many scheduled aircraft 
checks.
    The FAA disagrees with the commenter's request. The FAA notes that 
this AD requires repetitive inspections until the terminating 
modification is accomplished, so delaying issuance of this AD would 
also delay those vital inspections. Additionally, the FAA has confirmed 
with the manufacturer that adequate parts will be available to comply 
with this AD in the required compliance time. This AD has not been 
changed regarding this issue.

Request To Revise Certain Notes

    FedEx requested that the FAA revise Note 1 to paragraph (g)(1) and 
Note 2 to paragraph (g)(2). FedEx requested revised wording to ensure 
that the new AD would not require the service information referenced in 
those notes.
    The FAA agrees to clarify. The wording in the notes is intended to 
inform operators that the service information specified contains 
additional guidance for accomplishing the required actions. The service 
information referenced in the notes is not mandated by this AD, and 
operators are not required to use it. This AD has not been changed 
regarding this issue.

Request To Allow Skipping Close Access in Certain Situations

    Delta requested that the proposed AD be revised to allow operators 
to skip certain close access steps. Delta stated that certain 
conditions in Boeing Alert Requirements Bulletin 767-27A0240 RB, dated 
January 19, 2021; and Boeing Alert Requirements Bulletin 767-27A0243 
RB, dated May 28, 2021, include reference to close access or open 
access steps. Delta added that, based on how an operator would perform 
the steps, it doesn't make sense to close access when finishing the 
actions in one table, only to have to open access to begin work on the 
actions in the next table. Delta noted that some close access steps in 
Boeing Alert Requirements Bulletin 767-27A0240 RB, dated January 19, 
2021, include a flagnote allowing operators to skip the close access 
steps if additional work is required. Delta concluded that the flagnote 
should have been included for close access steps throughout Boeing 
Alert Requirements Bulletin 767-27A0240 RB, dated January 19, 2021; and 
Boeing Alert Requirements Bulletin 767-27A0243 RB, dated May 28, 2021.
    The FAA agrees to clarify. The close access steps are not listed in 
the ``Action'' or ``Method of Compliance'' columns in the referenced 
service information. Instead, the close access steps are in a ``Refer 
to'' column, which is for reference only; the procedures within that 
column are not required by this AD and are for guidance only. 
Therefore, operators may deviate from those steps using accepted 
procedures. Acceptable deviations include not performing close access 
steps until all applicable actions are completed. This AD has not been 
changed regarding this issue.

Request To Not Require Certain Actions

    UPS requested that the proposed AD be revised to not require the 
actions specified in paragraph (g)(2) of the proposed AD. UPS stated 
that it understands that accomplishment of the repetitive inspections 
at the shorter interval specified in Boeing Alert Requirements Bulletin 
767-27A0240 RB, dated January 19, 2021, is an acceptable means to 
detect and prevent the accumulation of water and ice in the area of the 
LSPTMs. UPS suggested that these frequent inspections provide an 
equivalent level of safety as adding new drain holes and inspections 
with a longer inspection interval. Therefore, UPS requested that the 
actions in paragraph (g)(2) of the proposed AD be made optional and 
terminate the actions in paragraph (g)(1) of the proposed AD if 
accomplished.
    The FAA disagrees with the commenter's request. The addition of the 
two drain holes will create a configuration where multiple unique 
blockage events must occur before the accumulation of water or ice can 
happen. The FAA has therefore determined that the addition of drain 
holes, combined with the repetitive inspections, cleaning, and on-
condition actions, is the best method to address the unsafe condition. 
However, under the provisions specified in paragraph (i) of this AD, 
the FAA will consider requests for alternative methods of compliance 
(AMOCs). This AD has not been changed regarding this issue.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these products. Except for minor editorial changes, and 
any other changes described previously, this AD is adopted as proposed 
in the NPRM. None of the changes will increase the economic burden on 
any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 767-27A0240 RB, 
dated January 19, 2021, which specifies procedures for repetitive 
general visual inspections (GVIs) for immersion in water or ice of each 
LSPTM and of the LSPTM electrical wiring, repetitive GVIs for blockage 
of the three drain holes and cleaning of each drain hole, repetitive 
GVIs for loose or cracked leveling compound, and applicable on-
condition actions. On-condition actions include removing any water or 
ice, doing a detailed inspection for damage (corrosion or water damage) 
of any immersed LSPTM

[[Page 50017]]

or LSPTM electrical wiring, installing a serviceable LSPTM, repairing 
or replacing any damaged LSPTM electrical wiring, clearing any drain 
hole blockages, and repairing any loose or cracked leveling compound.
    The FAA also reviewed Boeing Alert Requirements Bulletin 767-
27A0243 RB, dated May 28, 2021. This service information specifies 
procedures for installing two new drain holes, performing repetitive 
GVIs for blockage of the five drain holes and cleaning each drain hole, 
and applicable on-condition actions. On-condition actions include 
clearing any drain hole blockages.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 613 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
            Action                Labor cost      Parts cost      Cost per product       Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Drill drain holes............  5 work-hours x         $2,770  $3,195..................  Up to $1,958,535.
                                $85 per hour =
                                $425.
Repetitive GVI and cleaning    2 work-hours x              0  $170 per inspection       Up to $104,210 per
 of 5 drain holes.              $85 per hour =                 cycle.                    inspection cycle.
                                $170 per
                                inspection
                                cycle.
Repetitive GVI of LSPTM......  1 work-hour x               0  $85 per inspection cycle  $52,105 per inspection
                                $85 per hour =                                           cycle.
                                $85 per
                                inspection
                                cycle.
Repetitive GVI of LSPTM        1 work-hour x               0  $85 per inspection cycle  $52,105 per inspection
 electrical wiring.             $85 per hour =                                           cycle.
                                $85 per
                                inspection
                                cycle.
Repetitive GVI and cleaning    1 work-hour x               0  $85 per inspection cycle  $52,105 per inspection
 of 3 drain holes.              $85 per hour =                                           cycle.
                                $85 per
                                inspection
                                cycle.
Repetitive GVI of leveling     1 work-hour x               0  $85 per inspection cycle  $52,105 per inspection
 compound.                      $85 per hour =                                           cycle.
                                $85 per
                                inspection
                                cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
inspections that would be required based on the results of the 
inspection. The agency has no way of determining the number of aircraft 
that might need these inspections:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Detailed inspection of LSPTM or LSPTM           1 work-hour x $85 per hour = $85              $0             $85
 electrical wiring.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the other on-condition actions specified in this AD.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2023-13-09 The Boeing Company: Amendment 39-22494; Docket No. FAA-
2022-0458; Project Identifier AD-2021-00633-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 24, 2023.

(b) Affected ADs

    None.

[[Page 50018]]

(c) Applicability

    This AD applies to all The Boeing Company Model 767-200, -300, -
300F, -400ER, and -2C series airplanes, certificated in any 
category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls;

(e) Unsafe Condition

    This AD was prompted by reports of inoperative manual and 
alternate horizontal stabilizer trim switches; an investigation 
found that certain drain holes were blocked, causing water and ice 
to collect and subsequently cover the limit switch and position 
transmitter modules (LSPTMs), which affected their function. The FAA 
is issuing this AD to address collected water or ice that could 
damage the LSPTMs and cause stabilizer trim position sensors to 
generate corrupt or erroneous signals to the flight crew. This 
condition, if not addressed, could result in misleading or confusing 
flight deck indications, a high speed overrun during takeoff, or a 
low altitude stall immediately after takeoff.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) For all Model 767-200, -300, -300F, and -400ER airplanes: 
Except as specified by paragraph (h) of this AD, at the applicable 
times specified in the ``Compliance'' paragraph of Boeing Alert 
Requirements Bulletin 767-27A0240 RB, dated January 19, 2021, do all 
applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Alert Requirements Bulletin 
767-27A0240 RB, dated January 19, 2021.

    Note 1 to paragraph (g)(1): Guidance for accomplishing the 
actions required by this AD can be found in Boeing Alert Service 
Bulletin 767-27A0240, dated January 19, 2021, which is referred to 
in Boeing Alert Requirements Bulletin 767-27A0240 RB, dated January 
19, 2021.

    (2) For Model 767-200, -300, -300F, and -400ER airplanes, as 
identified in Boeing Alert Requirements Bulletin 767-27A0243 RB, 
dated May 28, 2021: Except as specified by paragraph (h) of this AD, 
at the applicable times specified in the ``Compliance'' paragraph of 
Boeing Alert Requirements Bulletin 767-27A0243 RB, dated May 28, 
2021, do all applicable actions identified in, and in accordance 
with, the Accomplishment Instructions of Boeing Alert Requirements 
Bulletin 767-27A0243 RB, dated May 28, 2021. Accomplishing the 
installation of two new drain holes required by this paragraph 
terminates the repetitive inspections of the drain holes required by 
paragraph (g)(1) of this AD.

    Note 2 to paragraph (g)(2): Guidance for accomplishing the 
actions required by this AD can be found in Boeing Alert Service 
Bulletin 767-27A0243, dated May 28, 2021, which is referred to in 
Boeing Alert Requirements Bulletin 767-27A0243 RB, dated May 28, 
2021.

    (3) For Model 767-2C airplanes: Within 90 days after the 
effective date of this AD, inspect the LSPTMs, LSPTM electrical 
wiring, drain holes, and leveling compound; install two new drain 
holes as applicable; and do applicable on-condition actions in 
accordance with a method approved by the Manager, AIR-520 Continued 
Operational Safety Branch, FAA.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Requirements Bulletin 767-27A0243 RB, 
dated May 28, 2021, uses the phrase ``the original issue date of the 
Requirements Bulletin 767-27A0243 RB,'' this AD requires using ``the 
effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 767-27A0240 RB, 
dated January 19, 2021, uses the phrase ``the original issue date of 
the Requirements Bulletin 767-27A0240 RB,'' this AD requires using 
``the effective date of this AD.''
    (3) Where Boeing Alert Requirements Bulletin 767-27A0243 RB, 
dated May 28, 2021, specifies a compliance time for Action 1 
(accomplishment of Boeing Alert Requirements Bulletin 767-27A0240 
RB, dated January 19, 2021), for this AD the compliance times for 
accomplishing the actions in Boeing Alert Requirements Bulletin 767-
27A0240 RB, dated January 19, 2021, are as specified in paragraph 
(g)(1) of this AD.
    (4) Where the ``Repeat Interval (Not to Exceed)'' column of the 
Compliance tables in Boeing Alert Requirements Bulletin 767-27A0240 
RB, dated January 19, 2021, specifies ``90 days,'' this AD requires 
using ``150 days.''

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520 Continued Operational Safety 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 
(j)(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, AIR-520 
Continued Operational Safety 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.

(j) Additional Information

    (1) For more information about this AD, contact Doug Tsuji, 
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 
98198; phone: 206-231-3548; email: [email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (4) of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin 767-27A0240 RB, dated 
January 19, 2021.
    (ii) Boeing Alert Requirements Bulletin 767-27A0243 RB, dated 
May 28, 2021.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Contractual & Data Services 
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; website myboeingfleet.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 28, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. R1-2023-15305 Filed 7-31-23; 8:45 am]
BILLING CODE 0099-10-D


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.