[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Rules and Regulations]
[Pages 12231-12233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04004]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0091; Directorate Identifier 2013-NM-016-AD; 
Amendment 39-17366; AD 2013-02-51]
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: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model 787-8 airplanes. This emergency AD was sent 
previously to all known U.S. owners and operators of these airplanes. 
This AD requires modification of the battery system, or other actions. 
This AD was prompted by recent incidents involving lithium ion battery 
failures that resulted in release of flammable electrolytes, heat 
damage, and smoke. We are issuing this AD to correct damage to critical 
systems and structures, and the potential for fire in the electrical 
compartment.

DATES: This AD is effective February 22, 2013 to all persons except 
those persons to whom it was made immediately effective by Emergency AD 
2013-02-51, issued on January 16, 2013, which contained the 
requirements of this amendment.
    We must receive comments on this AD by April 8, 2013.

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 http://www.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

[[Page 12232]]

p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations Office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Robert Duffer, Manager, Systems and 
Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-
6493; fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    On January 16, 2013, we issued Emergency AD 2013-02-51, which 
requires modification of the battery system, or other actions. This 
emergency AD was sent previously to all known U.S. owners and operators 
of these airplanes. This action was prompted by recent incidents 
involving lithium ion battery failures that resulted in release of 
flammable electrolytes, heat damage, and smoke on two Model 787-8 
airplanes. The cause of these failures is currently under 
investigation. These conditions, if not corrected, could result in 
damage to critical systems and structures, and the potential for fire 
in the electrical compartment.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires modification of the battery system, or other 
actions, in accordance with a method approved by the Manager, Seattle 
Aircraft Certification Office (ACO), FAA.

Interim Action

    We consider this AD interim action. As the investigation 
progresses, we might determine that additional action is necessary.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because of 
recent incidents involving lithium ion battery failures that resulted 
in release of flammable electrolytes, heat damage, and smoke on two 
Model 787-8 airplanes. These conditions, if not corrected, could result 
in damage to critical systems and structures, and the potential for 
fire in the electrical compartment. Therefore, we find that notice and 
opportunity for prior public comment are impracticable and that good 
cause exists for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, we invite you to send any written data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include the docket number FAA-2013-0091; and 
Directorate Identifier 2013-NM-016-AD at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. We will 
consider all comments received by the closing date and may amend this 
AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 6 airplanes of U.S. registry.
    Currently, we have received no definitive data that would enable us 
to provide cost estimates for the actions required by this AD. As 
indicated earlier in this preamble, we specifically invite the 
submission of comments and other data regarding the costs of 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.
    We are 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) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

Adoption of 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 (AD):

2013-02-51 The Boeing Company: Amendment 39-17366; Docket No. FAA-
2013-0091; Directorate Identifier 2013-NM-016-AD.

[[Page 12233]]

(a) Effective Date

    This AD is effective February 22, 2013 to all persons except 
those persons to whom it was made immediately effective by Emergency 
AD 2013-02-51, issued on January 16, 2013, which contained the 
requirements of this amendment.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 787-8 airplanes, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 24, Electrical power.

(e) Unsafe Condition

    This AD was prompted by recent incidents involving lithium ion 
battery failures that resulted in release of flammable electrolytes, 
heat damage, and smoke on two Model 787-8 airplanes. The cause of 
these failures is currently under investigation. We are issuing this 
AD to prevent damage to critical systems and structures, and the 
potential for fire in the electrical compartment.

(f) Compliance

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

(g) Modification or Other Action

    Before further flight, modify the battery system, or take other 
actions, in accordance with a method approved by the Manager, 
Seattle Aircraft Certification Office (ACO), FAA.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO, 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 local Flight Standards District Office, as 
appropriate. If sending information directly to the manager of the 
ACO, send it to the attention of the person identified in the 
Related Information section 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 local flight standards district office/certificate holding 
district office.

(i) Related Information

    For more information about this AD, contact: Robert Duffer, 
Manager, Systems and Equipment Branch, ANM-130S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; phone: 425-917-6493; fax: 425-917-6590; 
email: [email protected].

(j) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on February 1, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-04004 Filed 2-21-13; 8:45 am]
BILLING CODE 4910-13-P