Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Rules and Regulations 60111 

DOE considered any lessening of 

competition that would be likely to 

result from new or amended standards. 

Based on the DOJ review, DOE has 

determined it does not have an 

evidentiary basis to conclude that the 

April 2023 Direct Final Rule energy 

conservation standards for air cleaners 

are likely to substantially lessen 

competition. 

V. Review Under the National 

Environmental Policy Act of 1969 

Pursuant to the National 

Environmental Policy Act of 1969 

(‘‘NEPA’’), DOE had analyzed the direct 

final rule in accordance with NEPA and 

DOE’s NEPA implementing regulations 

(10 CFR part 1021). DOE determined 

that the rule qualifies for categorical 

exclusion under 10 CFR part 1021, 

subpart D, appendix B5.1 because it is 

a rulemaking that establishes energy 

conservation standards for consumer 

products or industrial equipment, none 

of the exceptions identified in B5.1(b) 

apply, no extraordinary circumstances 

exist that require further environmental 

analysis, and it meets the requirements 

for application of a categorical 

exclusion. See 10 CFR 1021.410. 

Therefore, DOE determined that 

promulgation of the direct final rule is 

not a major Federal action significantly 

affecting the quality of the human 

environment within the meaning of 

NEPA, and does not require an 

environmental assessment or an 

environmental impact statement. 

VI. Conclusion 

In summary, based on the previous 

discussion, DOE has determined that 

the comments received in response to 

the direct final rule for new energy 

conservation standards for air cleaners 

do not provide a reasonable basis for 

withdrawal of the direct final rule. As 

a result, the energy conservation 

standards set forth in the direct final 

rule became effective on August 9, 2023. 

Compliance with these standards is 

required on and after December 31, 

2023. 

Signing Authority 

This document of the Department of 

Energy was signed on August 28, 2023, 

by Francisco Alejandro Moreno, Acting 

Assistant Secretary for Energy Efficiency 

and Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on August 28, 

2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

Appendix 

August 9, 2023 

Ami Grace-Tardy 

Assistant General Counsel for 

Legislation, Regulation and Energy Efficiency 

U.S. Department of Energy 

Washington, DC 20585 

Ami.Grace-Tardy@hq.doe.gov 

Re: Energy Conservation Standards for Air 

Cleaners, DOE Docket No. EERE–2021–BT– 

STD–0035 

Dear Assistant General Counsel Grace-Tardy: 

I am responding to your June 16, 2023 

letter seeking the views of the Attorney 

General about the potential impact on 

competition of proposed energy conservation 

standards for air cleaners. 

Your request was submitted under Section 

325(o)(2)(B)(i)(V) of the Energy Policy and 

Conservation Act, as amended (EPCA), 42 

U.S.C. 6295(o)(2)(B)(i)(V), which requires the 

Attorney General to determine the impact of 

any lessening of competition likely to result 

from proposed energy conservation 

standards. The Attorney General’s 

responsibility for responding to requests from 

other departments about the effect of a 

program on competition has been delegated 

to the Assistant Attorney General for the 

Antitrust Division in 28 CFR 0.40(g). The 

Assistant Attorney General for the Antitrust 

Division has authorized me, as the Policy 

Director for the Antitrust Division, to provide 

the Antitrust Division’s views regarding the 

potential impact on competition of proposed 

energy conservation standards on his behalf. 

In conducting its analysis, the Antitrust 

Division examines whether a proposed 

standard may lessen competition, for 

example, by substantially limiting consumer 

choice, by placing certain manufacturers at 

an unjustified competitive disadvantage, or 

by inducing avoidable inefficiencies in 

production or distribution of particular 

products. A lessening of competition could 

result in higher prices to manufacturers and 

consumers. 

We have reviewed the proposed standard 

contained in the direct final rule (88 FR 

21752, April 11, 2023), the companion notice 

of proposed rulemaking (88 FR 21512, April 

11, 2023), and the related technical support 

document. We have also reviewed public 

comments and information provided by 

industry participants. No Public Meeting was 

held in relation to this direct final rule. 

Based on this review, we do not have an 

evidentiary basis to conclude that the 

proposed energy conservation standards for 

air cleaners are likely to substantially lessen 

competition. Although the rule may limit 

consumers’ ability to purchase noncompliant products, those impacts appear to 

result from the rule, itself. We are not aware 

of likely impacts on competition or the 

competitive process for air cleaners that will 

continue to be offered. 

We are aware of comments expressing 

concerns regarding whether the proposed 

standard is appropriate for certain products 

that may have functionality beyond air 

cleaning (e.g., vacuums) or provide air 

cleaning functionality that requires 

additional energy consumption (e.g., gas 

phase air cleaners). We understand that the 

Department of Energy (DOE) has discretion to 

grant waivers from a test procedure in certain 

circumstances (10 CFR 430.27(f)(2)). We take 

no positions on these comments and 

concerns, but encourage DOE should it grant 

waivers in other product segments to do so 

in a manner that preserves competition. 

We ask that the DOE take these concerns 

into account in determining its final energy 

conservation standards for air cleaners. 

Sincerely, 

David G.B. Lawrence, 

Policy Director. 

[FR Doc. 2023–18860 Filed 8–30–23; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1814; Project 

Identifier AD–2023–00773–T; Amendment 

39–22541; AD 2023–17–14] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2022–18– 

11, which applied to all The Boeing 

Company Model 777 airplanes. AD 

2022–18–11 required repetitive 

inspections for cracking of the left- and 

right-side ring chords, repair angles, 

front spar lower chords, and front spar 

webs (depending on configuration) 

common to a certain underwing 

longeron; modification of the front spar 

lower chord for some airplanes; 

repetitive post-modification inspections; 

and applicable on-condition actions. 

This AD was prompted by a report of a 

crack found in a front spar lower chord, 

and the determination that errors in the 

service information mandated by AD 

2022–18–11 introduced a new unsafe 

condition related to the application of 


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certain fastener cap seals. This AD 

retains the actions required by AD 

2022–18–11, and requires a 

maintenance records review of 

previously modified airplanes for the 

procedures used during that 

modification, and applicable corrective 

actions. The FAA is issuing this AD to 

address the unsafe condition on these 

products. 

DATES: This AD is effective September 

15, 2023. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of October 31, 2022 (87 FR 58259, 

September 26, 2022). 

The FAA must receive comments on 

this AD by October 16, 2023. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov by searching 

for and locating Docket No. FAA–2023– 

1814; 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. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Nguyen, Aviation Safety 

Engineer, FAA, 2200 South 216th St., 

Des Moines, WA 98198; phone: 206– 

231–3555; email: Kevin.Nguyen@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued AD 2022–18–11, 

Amendment 39–22162 (87 FR 58259, 

September 26, 2022) (AD 2022–18–11), 

for all The Boeing Company Model 777 

airplanes. AD 2022–18–11 required 

repetitive inspections for cracking of the 

left- and right-side ring chords, repair 

angles, front spar lower chords, and 

front spar webs (depending on 

configuration) common to the 

underwing longeron located at station 

(STA) 1035; modification of the front 

spar lower chord for some airplanes; 

repetitive post-modification inspections; 

and applicable on-condition actions. AD 

2022–18–11 was prompted by a report 

of a crack found in the front spar lower 

chord of a Model 777–300ER airplane 

undergoing an underwing longeron 

replacement. The FAA issued AD 2022– 

18–11 to address, detect, and correct 

such cracking, which in combination 

with cracking in the front spar web, 

could result in a fuel leak and fire 

hazard, or in the case of more severe 

cracking, could also affect the structural 

integrity of the airplane. 

Actions Since AD 2022–18–11 Was 

Issued 

Since the FAA issued AD 2022–18– 

11, the manufacturer has discovered 

that Boeing Alert Requirements Bulletin 

777–57A0122 RB, dated October 8, 

2021, which was mandated by AD 

2022–18–11, contains errors relating to 

the application of cap seals to fasteners 

penetrating the center wing fuel tank 

which introduce a second, urgent unsafe 

condition. These errors necessitate 

superseding AD 2022–18–11 to add 

additional actions to correct this new 

unsafe condition. 

Fastener cap seals interior to the 

airplane’s fuel tanks are a critical 

lightning protection feature. This is 

particularly true for the center wing fuel 

tank, which typically contains 

flammable fuel vapors more frequently 

than the main wing fuel tanks. As part 

of the front spar lower chord and 

underwing longeron work described in 

the manufacturer’s requirements 

bulletin and mandated by AD 2022–18– 

11, many cap seals are removed to 

accomplish the various modifications 

and inspections. If these seals are not 

replaced properly, and the associated 

fastener has poor electrical bonding to 

the airplane structure for any reason, the 

fastener may spark during a lightning 

strike and cause a fuel tank explosion. 

The lack of fault-tolerance introduced 

by these cap sealing errors in the 

manufacturer’s requirements bulletin 

places an airplane with compromised 

cap seals that has no flammability 

reduction or ignition mitigation means 

at a level of risk that requires urgent 

action to address. Airplanes equipped 

with flammability reduction or ignition 

mitigation means are also affected by 

this newly created unsafe condition, but 

at a lower level of risk. Paragraph (e) of 

this AD, Unsafe Condition, has been 

revised to reflect the second unsafe 

condition created by the errors in the 

manufacturer’s requirements bulletin as 

described above. Paragraph (e) of this 

AD has also been revised to reflect the 

determination that existing structural 

inspections are expected to detect 

severe front spar lower chord cracking 

before the structural integrity of the 

airplane is put at risk, but are not 

expected to detect cracking before a 

possible fuel leak. The unsafe condition 

therefore now consists of two distinct 

aspects: structural cracking of the front 

spar lower chord leading to a fuel leak 

and possible fire, and failure of fastener 

cap seals to contain a possible spark 

following a lightning strike leading to a 

possible fuel tank explosion. 

The manufacturer submitted an initial 

report of errors in the requirements 

bulletin affecting cap sealing 

instructions in late 2022. However, 

given the length and complexity of the 

requirements bulletin, detailed and 

complete documentation of these errors 

was not received until late July 2023. 

The manufacturer has stated its intent to 

revise the requirements bulletin; 

however, this work will take longer to 

accomplish than the risk to public safety 

allows. Therefore, the FAA has 

proceeded with this supersedure 

without additional service information 

as soon as possible following the 

manufacturer’s delivery of the necessary 

information. The three categories of 

errors affecting cap sealing instructions 

in the manufacturer’s requirements 

bulletin are described as follows. 

First, certain groups and 

configurations of airplanes have no 

requirement to apply cap seals to 

fasteners associated with the underwing 

longeron. Without this requirement, a 

cap seal may fail to be applied following 

modification of the underwing longeron, 

compromising the required fault 

tolerance of the fuel tank lightning 

protection design. For those airplanes, 

this AD requires application of a cap 

seal of the correct sealant type to the 

minimum thickness or greater, if not 

already done. 

Second, certain other groups and 

configurations have no thickness 

requirement for the applied cap seal, 

and the requirements bulletin 

mistakenly refers to the Boeing Standard 

Overhaul Practices Manual (SOPM) 

section 20–50–19 for procedures to 

apply the cap seal. The SOPM 

procedure specifies a thickness that is 

half the necessary thickness, while the 

Boeing Model 777 aircraft maintenance 

manual (AMM) procedure, which is also 

referred to in the requirements bulletin, 

specifies the correct thickness for cap 

seals. It is also possible that operators 

may have used an accepted method 

other than that specified in the SOPM 

and AMM, as no specific procedure was 

required by the requirements bulletin. A 

cap seal of insufficient thickness may 

fail to contain a spark resulting from a 

lightning strike, similarly compromising 


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the fault tolerance of the fuel tank 

lightning protection. This AD specifies 

the minimum thickness and sealant type 

for an applied cap seal, and requires 

replacement of any seal that was 

previously applied using a procedure 

that specifies an inadequate thickness. 

Third, some structural inspections 

described by the requirements bulletin 

may require the removal of certain 

fastener cap seals; however, the 

requirements bulletin either does not 

require that the cap seal be replaced, or 

does not provide a thickness 

requirement for the replaced seal. These 

errors affect the fuel tank lightning 

protection for the same reasons as 

already described. This AD requires that 

any seal removed for the inspections 

required by the requirements bulletin be 

replaced with a cap seal of correct 

sealant type and adequate thickness. 

Therefore, for airplanes on which the 

actions of the requirements bulletin 

have not yet been accomplished, and for 

airplanes for which this AD requires 

rework of already applied cap seals, 

those cap sealing differences are defined 

in paragraph (h) of this AD as 

exceptions to the requirements bulletin. 

For airplanes on which the actions of 

the requirements bulletin have been 

accomplished but a maintenance 

records check cannot conclusively 

determine that an appropriate procedure 

was used to apply the cap seals, 

paragraph (i) of this AD requires rework 

of the applied cap seals. 

This AD also corrects and clarifies 

other aspects of AD 2022–18–11 as 

follows. 

Following the publication of AD 

2022–18–11, the FAA and manufacturer 

discovered that Model 777–200 

airplanes that do not have a fuel tank in 

the area affected by the unsafe condition 

were erroneously included in the 

applicability of AD 2022–18–11. As the 

design of these airplanes does not allow 

fuel to be present in the affected area 

(between the side-of-body ribs), the 

unsafe condition is not present on these 

airplanes. These airplanes are now 

identified in this AD by their maximum 

taxi weight of 547,000 pounds or less. 

Model 777–200 airplanes greater than 

547,000 pounds maximum taxi weight, 

commonly referred to as ‘‘777–200ERs’’ 

(extended range), remain affected by the 

unsafe condition. Since the issuance of 

AD 2022–18–11, the manufacturer has 

also implemented a design change in 

production to address the unsafe 

condition. As a result, the unsafe 

condition does not exist on Model 777F 

airplanes having manufacturer line 

numbers 1743 and subsequent. 

Paragraph (c) of this AD, Applicability, 

has been revised accordingly. 

In addition, the effectivity of the 

manufacturer’s requirements bulletin 

also has the potential to cause confusion 

regarding the required actions for 

certain Model 777F airplanes. These 

airplanes, Model 777Fs having line 

numbers 1713, 1717, 1720, and 1724 

through 1742 inclusive were not 

included in the effectivity of the 

requirements bulletin. While these 

airplanes were included in the 

applicability of AD 2022–18–11 and 

remain included in the applicability of 

this AD, the specific instructions 

applicable to them were not clearly 

identified in the requirements bulletin. 

Paragraph (h)(7) of this AD clarifies that 

Group 6 actions are the applicable 

actions for these airplanes. 

FAA’s Determination 

The FAA is issuing this AD because 

the agency has determined the unsafe 

condition described previously is likely 

to exist or develop in other products of 

the same type design. 

Related Service Information Under 1 

CFR Part 51 

This AD requires Boeing Alert 

Requirements Bulletin 777–57A0122 

RB, dated October 8, 2021, which the 

Director of the Federal Register 

approved for incorporation by reference 

as of October 31, 2022 (87 FR 58259, 

dated September 26, 2022). This service 

information is reasonably available 

because the interested parties have 

access to it through their normal course 

of business or by the means identified 

in the ADDRESSES section. 

AD Requirements 

This AD requires accomplishing the 

actions specified in the service 

information already described, except 

for any differences identified as 

exceptions in the regulatory text of this 

AD. This AD also requires reviewing the 

maintenance records of previously 

modified airplanes to determine the 

procedure used to apply cap seals, and 

applying and replacing certain cap seals 

using new specified thickness 

dimensions. 

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 a cap seal below the 

minimum thickness may fail to contain 

arcing at a fastener penetrating the 

center wing fuel tank during a lightning 

strike, potentially creating an ignition 

source within the fuel tank and leading 

to a fuel tank explosion. 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. 

Comments Invited 

The FAA invites you to send any 

written data, views, or arguments about 

this final rule. Send your comments to 

an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2023–1814 

and Project Identifier AD–2023–00773– 

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 


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60114 Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Rules and Regulations 

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 Kevin Nguyen, 

Aviation Safety Engineer, FAA, 2200 

South 216th St., Des Moines, WA 98198; 

phone: 206–231–3555; email: 

Kevin.Nguyen@faa.gov. Any 

commentary that the FAA receives that 

is not specifically designated as CBI will 

be placed in the public docket for this 

rulemaking. 

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 291 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 

Inspection(s) (retained actions 

from AD 2022–18–11).

44 work-hours × $85 per hour 

= $3,740 per inspection 

cycle.

$0 $3,740 per inspection cycle ... $1,088,340 per inspection 

cycle. 

Modification* (retained actions 

from AD 2022–18–11).

137 work-hours × $85 per 

hour = $11,645.

47,964 $59,609 .................................. $17,346,219. 

Post-modification inspection(s)* (retained actions 

from AD 2022–18–11).

46 work-hours × $85 per hour 

= $3,910 per inspection 

cycle.

0 $3,910 per inspection cycle ... $1,137,810 per inspection 

cycle. 

Maintenance records review* 

(new action).

1 work-hour × $85 per hour = 

$85.

85 $85 ......................................... Up to $24,735. 

*Number of affected airplanes that will be required to do this action is unknown. 

The FAA estimates the following 

costs to do any necessary cap sealing 

that would be required based on the 

results of the maintenance records 

review. The FAA has no way of 

determining the number of aircraft that 

might need the cap sealing: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product 

Cap sealing .............................................. Up to 109 work-hours × $85 per hour = 

Up to $9,265.

$90 Up to $9,355. 

The FAA has included all known 

costs in its cost estimate. According to 

the manufacturer, however, some or all 

of the costs of this AD may be covered 

under warranty, thereby reducing the 

cost impact on affected operators. 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by: 

■ a. Removing Airworthiness Directive 

(AD) 2022–18–11, Amendment 39– 

22162 (87 FR 58259, September 26, 

2022); and 

■ b. Adding the following new AD: 

2023–17–14 The Boeing Company: 

Amendment 39–22541; Docket No. 

FAA–2023–1814; Project Identifier AD– 

2023–00773–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective September 15, 2023. 


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(b) Affected ADs 

This AD replaces AD 2022–18–11, 

Amendment 39–22162 (87 FR 58259, 

September 26, 2022) (AD 2022–18–11). 

(c) Applicability 

This AD applies to all The Boeing 

Company Model 777–200, –200LR, –300, 

–300ER, and 777F series airplanes, 

certificated in any category, excluding the 

airplanes identified in paragraphs (c)(1) and 

(2) of this AD. 

(1) Boeing Model 777–200 series airplanes 

having a maximum taxi weight equal to or 

less than 547,000 pounds. 

(2) Boeing Model 777F series airplanes 

with manufacturer line numbers of 1743 and 

subsequent. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 57, Wings. 

(e) Unsafe Condition 

This AD was prompted by a report of a 

crack found in a front spar lower chord 

undergoing an underwing longeron 

replacement, and the determination that AD 

2022–18–11 did not specify the appropriate 

thickness for the application of cap seals to 

fasteners penetrating the center wing fuel 

tank. The FAA is issuing this AD to detect 

and correct such cracking, which in 

combination with cracking in the front spar 

web, could result in a fuel leak and fire 

hazard. In addition, cap seals applied below 

the necessary thickness may fail to contain a 

spark resulting from a lightning strike, 

possibly resulting in a fuel tank explosion. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Retained Required Actions, With No 

Changes 

This paragraph restates the requirements of 

paragraph (g) of AD 2022–18–11, with no 

changes. Except as specified by paragraph (h) 

of this AD: At the applicable times specified 

in the ‘‘Compliance’’ paragraph of Boeing 

Alert Requirements Bulletin 777–57A0122 

RB, dated October 8, 2021, do all applicable 

actions identified in, and in accordance with, 

the Accomplishment Instructions of Boeing 

Alert Requirements Bulletin 777–57A0122 

RB, dated October 8, 2021. Actions identified 

as terminating action in Boeing Alert 

Requirements Bulletin 777–57A0122 RB, 

dated October 8, 2021, terminate the 

applicable required actions of this AD, 

provided the terminating action is done in 

accordance with the Accomplishment 

Instructions of Boeing Alert Requirements 

Bulletin 777–57A0122 RB, dated October 8, 

2021. 

Note 1 to paragraph (g): Guidance for 

accomplishing the actions required by this 

AD can be found in Boeing Alert Service 

Bulletin 777–57A0122, dated October 8, 

2021, which is referred to in Boeing Alert 

Requirements Bulletin 777–57A0122 RB, 

dated October 8, 2021. 

(h) Exceptions to Service Information 

Specifications 

(1) Where the Compliance Time columns 

of the tables in the ‘‘Compliance’’ paragraph 

of Boeing Alert Requirements Bulletin 777– 

57A0122 RB, dated October 8, 2021, use the 

phrase ‘‘the original issue date of 

Requirements Bulletin 777–57A0122 RB,’’ 

this AD requires replacing those words with 

‘‘October 31, 2022, the effective date of AD 

2022–18–11.’’ 

(2) Where Boeing Alert Requirements 

Bulletin 777–57A0122 RB, dated October 8, 

2021, specifies contacting Boeing for repair 

instructions: This AD requires repair using a 

method approved in accordance with the 

procedures specified in paragraph (j) of this 

AD. 

(3) Where the ‘‘Compliance’’ paragraph of 

Boeing Alert Requirements Bulletin 777– 

57A0122 RB, dated October 8, 2021, uses the 

phrase ‘‘Tables 1 through 50,’’ this AD 

requires replacing those words with ‘‘Tables 

1 through 54.’’ 

(4) During application of any cap seal to a 

fastener, fastener head, and fastener threads 

and collars, as required by this AD, the cap 

seal must be applied with a thickness equal 

to or greater than the dimensions specified in 

figure 1 to paragraph (h)(4) of this AD. 

Figure 1 to paragraph (h)(4)—Cap seal 

minimum thickness (all dimensions in 

inches) 

(5) Boeing Alert Requirements Bulletin 

777–57A0122 RB, dated October 8, 2021, 

does not require the application of cap seals 

to underwing longeron fasteners, fastener 

heads, and fastener threads and collars for 

the airplane groups and configurations 


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60116 Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Rules and Regulations 

identified in paragraphs (h)(5)(i) through (iv) 

of this AD. For those airplane groups and 

configurations, however, this AD requires 

application of a cap seal to the underwing 

longeron fasteners at the locations identified 

in Figures 81 and 144 of Boeing Alert 

Requirements Bulletin 777–57A0122 RB, 

dated October 8, 2021, during installation of 

the underwing longeron. 

(i) Groups 7 and 8, Configurations 5 

through 8, on the left side. 

(ii) Group 9, Configurations 1 and 2, on the 

left side. 

(iii) Groups 7 and 8, Configurations 2, 6, 

10, and 14, on the right side. 

(iv) Group 9, Configurations 1 and 3, on the 

right side. 

(6) Where Boeing Alert Requirements 

Bulletin 777–57A0122 RB, dated October 8, 

2021, requires inspections that may require 

the removal of fastener cap seals, this AD 

requires that if the cap seal is removed, a cap 

seal of BMS 5–45 sealant be reapplied with 

a thickness equal to or greater than the 

dimensions specified in figure 1 to paragraph 

(h)(4) of this AD before further flight after 

completion of the inspection. 

(7) The Effectivity of Boeing Alert 

Requirements Bulletin 777–57A0122 RB, 

dated October 8, 2021, does not include 

Boeing Model 777F series airplanes having 

line numbers 1713, 1717, 1720, and 1724 

through 1742 inclusive. However, for those 

airplanes, this AD requires accomplishment 

of the applicable actions specified in the 

Boeing Alert Requirements Bulletin for 

Group 6. 

(i) Actions for Previously Modified 

Airplanes 

For airplanes on which the applicable 

actions of Boeing Alert Requirements 

Bulletin 777–57A0122 RB, dated October 8, 

2021, have been accomplished before the 

effective date of this AD: Within 30 days after 

the effective date of this AD, review the 

maintenance records to determine the 

procedures used to apply cap seals during 

accomplishment of the actions in Boeing 

Alert Requirements Bulletin 777–57A0122 

RB, dated October 8, 2021. 

(1) If all of the conditions specified in 

paragraphs (i)(1)(i) through (iii) of this AD are 

met, no further work is required by paragraph 

(i) of this AD. 

(i) If the underwing longeron was removed 

for any reason during accomplishment of the 

actions in Boeing Alert Requirements 

Bulletin 777–57A0122 RB, dated October 8, 

2021, a cap seal was applied to the 

underwing longeron fasteners, fastener 

threads, and fastener collars at the locations 

identified in Figures 81 and 144 of Boeing 

Alert Requirements Bulletin 777–57A0122 

RB, dated October 8, 2021, during 

installation. 

(ii) All cap seals were applied using 

procedures with thickness dimensions 

greater than or equal to those given in figure 

1 to paragraph (h)(4) of this AD. 

(iii) All cap seals that were removed to 

accomplish any inspection in accordance 

with Boeing Alert Requirements Bulletin 

777–57A0122 RB, dated October 8, 2021, 

were replaced with cap seals of BMS 5–45 

sealant of thickness dimensions greater than 

or equal to those given in figure 1 to 

paragraph (h)(4) of this AD. 

(2) If any cap seal was applied using 

procedures with thickness dimensions less 

than those given in figure 1 to paragraph 

(h)(4) of this AD, or if the maintenance 

records do not definitively specify the 

procedures used: At the applicable time 

specified in paragraph (i)(2)(i) or (ii) of this 

AD, replace the cap seal in accordance with 

the Accomplishment Instructions of Boeing 

Alert Requirements Bulletin 777–57A0122 

RB, dated October 8, 2021, using a cap 

sealing procedure with thickness greater than 

or equal to the dimensions given in figure 1 

to paragraph (h)(4) of this AD. 

(i) For airplanes equipped with a 

flammability reduction means approved by 

the FAA as compliant with the fuel tank 

flammability reduction (FTFR) requirements 

of 14 CFR 25.981(b) or 26.33(c)(1), or an 

ignition mitigation means approved by the 

FAA as compliant with the FTFR 

requirements of 14 CFR 25.981(c) or 

26.33(c)(2): Within 180 days after the 

effective date of this AD, 

(ii) For airplanes not described in 

paragraph (i)(2)(i) of this AD: Within 90 days 

after the effective date of this AD. 

(3) For any cap seal that was not applied, 

or for any cap seal that was removed for 

inspections and not replaced, or if the 

maintenance records do not definitively 

specify the procedures used: At the 

applicable time specified in paragraph 

(i)(3)(i) or (ii) of this AD, apply a cap seal of 

BMS 5–45 sealant using an accepted method 

with thickness greater than or equal to the 

dimensions given in figure 1 to paragraph 

(h)(4) of this AD. 

Note 2 to paragraph (i)(3): Guidance for 

applying a cap seal can be found in the 

Boeing Model 777 Aircraft Maintenance 

Manual section 28–11–00. 

(i) For airplanes equipped with a 

flammability reduction means approved by 

the FAA as compliant with the fuel tank 

flammability reduction (FTFR) requirements 

of 14 CFR 25.981(b) or 26.33(c)(1), or an 

ignition mitigation means approved by the 

FAA as compliant with the FTFR 

requirements of 14 CFR 25.981(c) or 

26.33(c)(2): Within 180 days after the 

effective date of this AD. 

(ii) For airplanes not described in 

paragraph (i)(3)(i) of this AD: Within 90 days 

after the effective date of this AD. 

(j) 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 (k) 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. 

(4) AMOCs approved for AD 2022–18–11 

are approved as AMOCs for the 

corresponding provisions of Boeing Alert 

Requirements Bulletin 777–57A0122 RB, 

dated October 8, 2021, that are required by 

paragraph (g) of this AD. 

(k) Related Information 

For more information about this AD, 

contact Kevin Nguyen, Aviation Safety 

Engineer, FAA, 2200 South 216th St., Des 

Moines, WA 98198; phone: 206–231–3555; 

email: Kevin.Nguyen@faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(3) The following service information was 

approved for IBR on October 31, 2022 (87 FR 

58259, dated September 26, 2022). 

(i) Boeing Alert Requirements Bulletin 

777–57A0122 RB, dated October 8, 2021. 

(ii) [Reserved] 

(4) 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; internet 

myboeingfleet.com. 

(5) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

St., Des Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(6) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on August 28, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–18835 Filed 8–28–23; 4:15 pm] 

BILLING CODE 4910–13–P 


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