[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Rules and Regulations]
[Pages 80028-80031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28386]



[[Page 80028]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1657; Project Identifier AD-2022-01475-T; 
Amendment 39-22292; AD 2022-27-07]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain The Boeing Company Model 747-400 and 747-8 series airplanes. 
This AD was prompted by reports of wear-through of the motor impeller 
inlet adapter of a transfer pump for the horizontal stabilizer fuel 
tank caused by contact between the pump inlet check valve and the inlet 
adapter. This AD requires inspecting for wear of the motor impeller 
inlet check valves and inlet adapters of the transfer pumps for the 
horizontal stabilizer fuel tank and doing corrective actions, if 
necessary. This AD also 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 January 13, 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.
    The FAA must receive comments on this AD by February 13, 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-2022-1657; 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:
     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 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-2022-1657.

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-2022-1657 and Project Identifier AD-
2022-01475-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 has received reports indicating wear-through of the motor 
impeller inlet adapter of the horizontal stabilizer fuel tank transfer 
pumps (also referred to as a transfer/jettison pump or override/
jettison pump). These reports were received following troubleshooting 
of fuel imbalance issues involving the main wing fuel tanks, which 
utilize the same pump design as the horizontal stabilizer fuel tank.
    Boeing investigations have found two pumps with wear sufficient to 
allow contact between the motor impeller inlet check valve flapper and 
the pump inducer. An additional 22 worn pumps have been identified. 
Investigations have shown that oscillations within the fuel flow around 
the pumps can cause the inlet check valve to vibrate as it is held 
spring-loaded against the inlet adapter of the pump. Undetected or 
unmitigated wear could allow the flapper of the inlet check valve to 
contact the rotating motor inducer, creating steel-on-steel contact. 
There is a period of operation during each flight with a fueled 
horizontal stabilizer fuel tank where the pump will run dry for a short 
period before the flightcrew is alerted to shut it down, or the pump is 
automatically shut off. During this dry run period, if the wear on the 
inlet adapter is severe enough, the steel-on-steel contact can cause a 
source of heat and/or sparking within the fuel tank. This condition, in 
combination with flammable fuel vapors, could result in a fuel tank 
explosion and consequent loss of the airplane. The FAA is issuing this 
AD to address the unsafe condition on these products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the 
unsafe

[[Page 80029]]

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

    The FAA reviewed Boeing Multiple Operator Message MOM-MOM-22-0549-
01B(R1), dated November 29, 2022. This service information specifies 
procedures for one-time detailed visual inspections for wear (hinge pin 
protrusion, gouging, missing material, corrosion, burrs, and raised 
material) of the motor impeller inlet adapters and inlet check valves 
of the horizontal stabilizer fuel tank transfer pumps. This service 
information also specifies replacing certain inlet check valves and 
inlet adapters with serviceable parts and reporting inspection results 
to Boeing. 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 wear-through of the motor impeller inlet adapter of a transfer 
pump for the horizontal stabilizer fuel tank may allow the pump's inlet 
check valve to contact the rotating pump inducer. During the 15-second 
dry run period experienced every flight with a fueled horizontal 
stabilizer tank, the steel-on-steel contact can cause a source of heat 
and/or sparking (an ignition source) within the fuel tank. This contact 
in combination with flammable fuel vapors, if not addressed, could 
result in an explosion in the fuel tank and consequent loss of the 
airplane. Accordingly, notice and opportunity for prior public comment 
are impracticable and contrary to the public interest 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
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Inspections of motor impeller inlet     12 work-hours x $85 per               $0          $1,020         $28,560
 adapter and inlet check valve (left     hour = $1,020.
 and right transfer pumps).
Reporting.............................  1 work-hour x $85 per                  0              85           2,380
                                         hour = $85.
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    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
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace motor impeller inlet adapter..........  4 work-hours x $85 per hour =             $1,000          $1,340
                                                 $340.
Replace motor impeller inlet check valve......  17 work-hours x $85 per hour =          * 20,000          21,445
                                                 $1,445.
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* Boeing has indicated that the motor impeller inlet check valve is not currently available as a standalone
  part; this cost is for the pump housing, which contains the motor impeller inlet check valve. Boeing has
  indicated that it is working with the part supplier to make the motor impeller inlet check valve available as
  a standalone part.


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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 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 adding the following new airworthiness 
directive:

2022-27-07 The Boeing Company: Amendment 39-22292; Docket No. FAA-
2022-1657; Project Identifier AD-2022-01475-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 13, 2023.

(b) Affected ADs

    None.

(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.

(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 motor 
impeller inlet adapter of the horizontal stabilizer fuel tank 
transfer pump caused by contact between the motor impeller 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 motor impeller inlet 
check valves and inlet adapters of the horizontal stabilizer fuel 
tank transfer pumps. 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) Definitions

    (1) A ``serviceable'' 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'' 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 by an approved alteration.

(h) Inspection and Corrective Action: Inlet Check Valve

    Within 90 days after the effective date of this AD: Do a 
detailed visual inspection of the 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 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 inlet check valve or 
transfer pump housing with a serviceable inlet check valve or 
transfer pump housing containing a serviceable 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) Inspection and Corrective Action: Transfer Pump Motor Impeller 
Inlet Adapter

    Within 90 days after the effective date of this AD: 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.
    (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

[[Page 80031]]

Multiple Operator Message MOM-MOM-22-0549-01B(R1), dated November 
29, 2022.

(j) Reporting Inspection Results

    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 the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) 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.

(k) Parts Installation Limitation

    As of the effective date of this AD, no person may install, on 
any airplane, any transfer pump motor impeller inlet adapter or 
inlet check valve (or assembly containing either) for the horizontal 
stabilizer fuel tank, unless the affected part has 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) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (h) and (i) of this AD, if those actions were performed 
before the effective date of this AD 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)(3) and (4) 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 the AD specifies otherwise.
    (i) Boeing Multiple Operator Message MOM-MOM-22-0549-01B(R1), 
dated November 29, 2022.
    (ii) [Reserved]
    (3) 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.
    (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 [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-28386 Filed 12-23-22; 4:15 pm]
BILLING CODE 4910-13-P