[Federal Register Volume 68, Number 1 (Thursday, January 2, 2003)]
[Rules and Regulations]
[Pages 14-16]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32884]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-314-AD; Amendment 39-12993; AD 2002-24-52]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747-400, -400D, and -400F 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 2002-24-52 that was sent 
previously to all known U.S. owners and operators of all Boeing Model 
747-400, -400D, and -400F series airplanes by individual notices. This 
AD continues to require revising the Airplane Flight Manual to require 
the flightcrew to maintain certain minimum fuel levels in the center 
fuel tanks, and to prohibit the use of the horizontal stabilizer fuel 
tank. This AD also removes the reference to placards that was specified 
in the operating limitations required by another AD. This action is 
prompted by reports indicating that two fuel pumps showed evidence of 
extreme localized overheating of parts in the priming and vapor pump 
section of the fuel pump. Such overheating provides an ignition source 
in the fuel tank during dry running of the pump, which could result in 
fire/explosion of the fuel tank. The actions specified by this AD are 
intended to require the flightcrew to maintain certain minimum fuel 
levels in the center fuel tanks, and to prohibit the use of the 
horizontal stabilizer fuel tank.

DATES: Effective January 6, 2003, to all persons except those persons 
to whom it was made immediately effective by emergency AD 2002-24-52, 
issued November 24, 2002, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before March 3, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-314-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-314-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    Information pertaining to this amendment may be examined at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Bernie Gonzalez, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone 
(425) 227-2682; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: On November 24, 2002, the FAA issued 
emergency AD 2002-24-52, which is applicable to all Boeing Model 747-
400, -400D, and -400F series airplanes.
    On November 23, 2002, the FAA issued emergency AD 2002-24-51, 
applicable to all Boeing Model 737-600, -700, -700C, -800, and -900 
series airplanes; Model 747 series airplanes; and Model 757 series 
airplanes. That AD was prompted by reports indicating that two fuel 
pumps from different Model 747 series airplanes showed evidence of 
extreme localized overheating of parts in the priming and vapor pump 
section of the fuel pump. Such overheating provides an ignition source 
in the fuel tank during dry running of the pump, which could result in 
fire/explosion of the fuel tank.
    AD 2002-24-51 reinstated operating limitations originally imposed 
by AD 2002-19-52, amendment 39-12900 (67 FR 61253, September 30, 2002). 
Specifically for Model 747-400, -400D, and -400F series airplanes, AD 
2002-24-51 includes a provision that prohibits fueling and use of the 
horizontal stabilizer tank ``* * * if a placard prohibiting its use is 
installed.'' (That phrase appears in the first paragraph of the 
required operating limitation.)

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, we have become aware that the 
reference to placards in the Airplane Flight Manual (AFM) revision for 
Model 747-400, -400D, and -400F series airplanes should not have been 
restated because, unlike AD 2002-19-52, AD 2002-24-51 does not require 
installation of placards. Therefore, if an operator has done the 
terminating actions specified in AD 2002-19-52 and removed the placards 
required by that AD, the limitation imposed by AD 2002-24-51 would not 
prohibit fueling and use of the horizontal stabilizer tank. This would 
be contrary to the intent of AD 2002-24-51.

Explanation of Requirements of the Rule

    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design, the FAA issued emergency AD 
2002-24-52 to continue to require revising the AFM to require the 
flightcrew to maintain certain minimum fuel levels in the center fuel 
tanks, and to prohibit the use of the horizontal stabilizer fuel tank. 
However, this AD removes the reference to placards that was specified 
in the operating limitations required by AD 2002-24-51.
    The compliance time of this AD remains the same as that specified 
in AD 2002-24-51 (``within 4 days after receipt'' of AD 2002-24-51). In 
addition, paragraph (b) of this AD states that, if an operator has 
already complied with AD 2002-24-51, it can comply

[[Page 15]]

with this AD simply by deleting the phrase ``if a placard prohibiting 
its use is installed'' from the first paragraph of the operating 
limitation required by AD 2002-24-51.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual notices 
issued on November 24, 2002, to all known U.S. owners and operators of 
all Boeing Model 747-400, -400D, and -400F series airplanes. These 
conditions still exist, and the AD is hereby published in the Federal 
Register as an amendment to section 39.13 of the Federal Aviation 
Regulations (14 CFR 39.13) to make it effective to all persons.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-314-AD.'' The postcard will be date stamped 
and returned to the commenter.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2002-24-52 Boeing: Amendment 39-12993. Docket 2002-NM-314-AD.

    Applicability: All Model 747-400, -400D, and -400F series 
airplanes, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To require the flightcrew to maintain certain minimum fuel 
levels in the center fuel tanks, and to prohibit the use of the 
horizontal stabilizer fuel tank, accomplish the following:

Airplane Flight Manual (AFM) Revision: Model 747-400, -400D, and -400F

    (a) For Model 747-400, -400D, and -400F series airplanes: Within 
4 days after receipt of emergency AD 2002-24-51, instead of 
complying with the requirements of paragraph (d) of AD 2002-24-51, 
revise the Limitations Section of the AFM to include the following 
(this may be accomplished by inserting a copy of this AD into the 
AFM):

Certificate Limitations

    Fueling and use of the horizontal stabilizer tank (if installed) 
is prohibited.
    The center wing tank (CWT) must contain a minimum of 17,000 
pounds (7,700 kilograms) prior to engine start, if the CWT override/
jettison pumps are to be selected On during flight.
    The CWT fuel quantity indication system must be operative to 
dispatch with CWT mission fuel.
    Both CWT override/jettison pump switches must be selected Off at 
or before CWT fuel quantity reaches 7,000 pounds (3,200 kilograms), 
if CWT fuel quantity is less than 50,000 pounds (22,700 kilograms) 
prior to engine start. The CWT override pumps may be selected ON 
during stabilized cruise conditions. Both CWT override/jettison pump 
switches must be selected Off at or before the CWT fuel quantity 
reaches 3,000 pounds (1,400 kilograms).

Note

    With CWT override/jettison pumps selected Off and CWT fuel 
quantity greater than 6,000 pounds (2,800 kilograms), the FUEL OVRD 
CTR L & R EICAS messages will be displayed. Do not accomplish the 
associated non-normal procedure.

    Both CWT override/jettison pump switches must be selected Off at 
or before CWT fuel quantity reaches 3,000 pounds (1,400 kilograms), 
if CWT fuel quantity is greater than or equal to 50,000 pounds 
(22,700 kilograms) prior to engine start.
    Both CWT override/jettison pumps must be selected Off when 
either CWT override/jettison fuel pump low pressure light 
illuminates.

Warning

    Do not reset a tripped fuel pump circuit breaker.

Warning

    Do not cycle CWT override/jettison pump switches from On to Off 
to On with any continuous low pressure indication present.

Note

    The center wing tank may be emptied normally during an emergency 
fuel jettison.

Note

    In a low fuel situation, both CWT override/jettison pumps may be 
selected On and all CWT fuel may be used.

    If a center wing tank pump fails with fuel in the center tank, 
accomplish the FUEL OVRD CTR L, R non-normal procedure.
    If the main tanks are not full, the zero fuel gross weight of 
the airplane plus the weight

[[Page 16]]

of CWT tank fuel may exceed the maximum zero fuel gross weight by up 
to 7,000 pounds (3,200 kilograms) for takeoff, climb, cruise, 
descent, and landing, provided that the effects of balance (CG) have 
been considered.
    When defueling any fuel tanks, the Fuel Pump Low Pressure 
indication lights must be monitored and the fuel pumps positioned to 
Off at the first indication of fuel pump low pressure. Defueling 
with passengers on board is prohibited.
    The limitations contained in this AD supersede any conflicting 
basic airplane flight manual limitations.''
    (b) If an operator has already complied with AD 2002-24-51, it 
can comply with this AD by deleting the phrase ``if a placard 
prohibiting its use is installed'' from the first paragraph of the 
AFM revision required by paragraph (d) of AD 2002-24-51.

Alternative Methods of Compliance

    (c)(1) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Seattle Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Operations Inspector, who may add comments 
and then send it to the Manager, Seattle ACO.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 2002-19-52, amendment 39-12900, are not 
considered to be approved as alternative methods of compliance with 
this AD.

    Note 1: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Effective Date

    (e) This amendment becomes effective on January 6, 2003, to all 
persons except those persons to whom it was made immediately 
effective by emergency AD 2002-24-52, issued on November 24, 2002, 
which contained the requirements of this amendment.

    Issued in Renton, Washington, on December 23, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-32884 Filed 12-31-02; 8:45 am]
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