[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Rules and Regulations]
[Pages 24673-24676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09990]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0333; Directorate Identifier 2013-NM-080-AD; 
Amendment 39-17436; AD 2013-08-12]
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 superseding an existing airworthiness directive (AD) 
for The Boeing Company Model 787-8 airplanes. That AD currently 
requires modification of the battery system, or other actions. This AD 
requires installing main and auxiliary power unit (APU) battery 
enclosures and environmental control system (ECS) ducts; and replacing 
the main battery, APU battery, and their respective battery chargers. 
This AD also requires revising the maintenance program to include an 
airworthiness limitation. This AD also revises the applicability by 
removing airplanes on which these changes have been incorporated in 
production prior to delivery. 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. We are issuing this AD to minimize the occurrence of battery 
cell failures and propagation of such failures to other cells and to 
contain any flammable electrolytes, heat, and smoke released

[[Page 24674]]

during a battery thermal event in order to prevent damage to critical 
systems and structures and the potential for fire in the electronics 
equipment bays.

DATES: This AD is effective April 26, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of April 26, 
2013.
    We must receive any comments on this AD by June 10, 2013.

ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing 
Commercial Airplanes, Attention: Data & Services Management, P.O. Box 
3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, 
extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. 
You may review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at the 
FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
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 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, FAA, ANM-130S, 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 February 1, 2013, we issued AD 2013-02-51, Amendment 39-17366 
(78 FR 12231, February 22, 2013), for all The Boeing Company Model 787-
8 airplanes. That AD requires modification of the battery system, or 
other actions. That AD resulted from recent incidents involving lithium 
ion battery failures that resulted in release of flammable 
electrolytes, heat damage, and smoke on two Model 787-8 airplanes. We 
issued that AD to prevent damage to critical systems and structures and 
the potential for fire in the electrical compartment.

Actions Since AD 2013-02-51, Amendment 39-17366 (78 FR 12231, February 
22, 2013), Was Issued

    Since we issued AD 2013-02-51, Amendment 39-17366 (78 FR 12231, 
February 22, 2013), the National Transportation Safety Board (NTSB) 
released an Interim Factual Report, NTSB Case Number DCA13IA037, on 
March 7, 2013, presenting its initial findings concerning a battery 
failure on a Model 787-8 airplane operated by Japan Airlines. That 
report can be found at: http://www.ntsb.gov/investigations/2013/boeing_787/interim_report_B787_3-7-13.pdf.
    That report documents thermal and mechanical damage to the battery 
and the battery control units, and a lack of containment of the battery 
electrolytes, heat, and smoke from the battery case. The cause(s) of 
this battery failure incident has not yet been determined by the NTSB. 
Likewise, the cause(s) of the battery failure incident on a Model 787-8 
airplane operated by All Nippon Airways has not yet been determined by 
the Japan Transport Safety Board (JTSB), which is the accident 
investigative authority for Japan.
    The FAA has reviewed the NTSB's interim factual report, as well as 
information provided by the JTSB, Boeing, All Nippon Airways, and Japan 
Airlines. The main and APU batteries are identical, but perform 
different functions on the airplane. The main battery installed on 
Model 787-8 airplanes is used to provide power while the engines are 
off during ground maintenance operations (e.g., power-up, refueling, 
braking, and navigation lights during towing) and backup electrical 
power while airborne. The APU battery is required to start and operate 
the APU. The APU may be used on the ground, or in flight to generate 
backup electrical power. Each of the two engines drives two variable 
frequency starter generators (VFSGs) for a total of four VFSGs 
providing power to the airplane. Therefore, while in flight, the two 
generators driven by the APU provide the 5th and 6th layer of power 
generation for the airplane.
    On March 12, 2013, the FAA approved a Boeing plan to mitigate the 
unsafe condition identified by AD 2013-02-51, Amendment 39-17366 (78 FR 
12231, February 22, 2013). The plan resulted from a detailed review by 
Boeing and the FAA that considered all potential causal factors of the 
two recent battery incidents. The plan provides three layers of 
protection to improve the reliability of the battery and to prevent any 
hazardous effects on the airplane from a battery failure. Those layers 
are (1) measures to minimize the probability of a single battery cell 
failure, (2) measures to minimize the probability of any single battery 
cell failure from propagating to other cells in the battery, and (3) 
measures to preclude hazardous airplane-level safety effects of any 
battery failure that might occur. Details of these measures, which are 
mandated by this AD, are as follows:
     Minimize the Probability of a Single Battery Cell 
Failure--Each main and APU battery consists of a set of individual 
cells within a battery case. Each battery cell will be encapsulated to 
isolate the cell electrically. Locking nuts with specific torque values 
will be used on every cell terminal to prevent overheating of the 
terminal due to a loose electrical connection. Drainage within the 
battery case will be improved to remove any condensation within the 
battery. The battery monitoring and charging unit will be changed to 
reduce the operational voltage range to lessen electrical stress on the 
battery cell, and to enhance over-discharge protection. Boeing has also 
made mandatory changes to the battery manufacturing and acceptance 
testing processes to improve the overall quality of the battery.
     Minimize the Probability of Multiple Cell Failure 
Propagation--Additional insulation will be provided between each 
battery cell and between each cell and the battery case to thermally 
and electrically isolate the individual battery cells. High temperature 
sleeving will also be added to the battery internal wiring harness to 
protect against short circuits. In addition, cell venting will be added 
to the battery case to allow any cell gasses, including electrolytes, 
to escape into the battery enclosure to minimize heat build-up within 
the battery case.
     Preclude Hazardous Airplane-Level Safety Effects of a 
Battery Failure That Might Occur--As stated previously, each main and 
APU battery consists of a set of individual cells within a battery

[[Page 24675]]

case. The case containing the cells will be secured within a stainless 
steel, sealed enclosure. This enclosure will be connected to a titanium 
ECS duct that vents to the outside of the airplane. Should a battery 
failure occur, and generate significant heat, pressure, and gasses, a 
metallic frangible disc (also referred to as a vent burst disc) at the 
interface of the enclosure and vent duct will open and allow the heat, 
pressure, and gasses to safely vent overboard through the ECS duct. 
This will prevent the introduction of any heat, pressure, or gasses in 
the electronics equipment bays or any occupied area of the airplane.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin B787-81205-SB500003-00, 
Issue 001, dated April 19, 2013; and Section D, ``Airworthiness 
Limitations--Life Limits,'' of the Boeing 787 Airworthiness Limitations 
(AWLs) Document D011Z009-03-01, dated April 2013. For information on 
the procedures and compliance times, see this service information at 
http://www.regulations.gov by searching for Docket No. FAA-2013-0333.

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 accomplishing the actions specified in the service 
information identified previously.

Change to Applicability of AD 2013-02-51, Amendment 39-17366 (78 FR 
12231, February 22, 2013)

    This AD applies to The Boeing Company Model 787-8 airplanes, as 
identified in Boeing Alert Service Bulletin B787-81205-SB500003-00, 
Issue 001, dated April 19, 2013, instead of ``all'' airplanes, as 
specified in AD 2013-02-51, Amendment 39-17366 (78 FR 12231, February 
22, 2013). The actions required by this AD address the identified 
unsafe condition for in-service airplanes. For all future delivered 
airplanes, the replacement batteries, their respective chargers, and 
enclosure and duct installations will be incorporated at the factory 
prior to delivery.

FAA's Justification and Determination of the Effective Date

    AD 2013-02-51, Amendment 39-17366 (78 FR 12231, February 22, 2013), 
effectively grounded the Model 787-8 fleet and prevented delivery of 
new Model 787-8 airplanes because there was no design solution 
available. While necessary in the short term to address the unsafe 
condition, this caused a significant economic burden on domestic and 
international operators of Boeing Model 787-8 airplanes. The purpose of 
this AD is to allow the aircraft to return to service as soon as 
possible by mandating a modification that will address the unsafe 
condition. Therefore, we find that notice and opportunity for prior 
public comment are impracticable and would defeat the Agency's 
regulatory objective, 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 we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. 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-2013-0333 and Directorate Identifier 2013-NM-080-
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.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Installation and replacement..........  112 work-hours x $85 per        $455,158        $464,678      $2,788,068
                                         hour = $9,520.
Revise maintenance program............  1 work-hour x $85 per               None              85             510
                                         hour = $85.
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    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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,

[[Page 24676]]

    (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 part 39 of the Federal Aviation 
Regulations (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 removing airworthiness directive (AD) 
2013-02-51, Amendment 39-17366 (78 FR 12231, February 22, 2013), and 
adding the following new AD:

2013-08-12 The Boeing Company: Amendment 39-17436; Docket No. FAA-
2013-0333; Directorate Identifier 2013-NM-080-AD.

(a) Effective Date

    This AD is effective April 26, 2013.

(b) Affected ADs

    This AD supersedes AD 2013-02-51, Amendment 39-17366 (78 FR 
12231, February 22, 2013).

(c) Applicability

    This AD applies to The Boeing Company Model 787-8 airplanes, 
certificated in any category; as identified in Boeing Alert Service 
Bulletin B787-81205-SB500003-00, Issue 001, dated April 19, 2013.

(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. We are issuing 
this AD to minimize the occurrence of battery cell failures and 
propagation of such failures to other cells and to contain any 
flammable electrolytes, heat, and smoke released during a battery 
thermal event in order to prevent damage to critical systems and 
structures and the potential for fire in the electronics equipment 
bays.

(f) Compliance

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

(g) Installation/Replacement

    Before further flight: Install main battery and auxiliary power 
unit (APU) battery enclosures and environmental control system (ECS) 
ducts; and replace the main battery, APU battery, and their 
respective battery chargers; in accordance with the Accomplishment 
Instructions of Boeing Alert Service Bulletin B787-81205-SB500003-
00, Issue 001, dated April 19, 2013.

(h) Maintenance Program Revision

    Before further flight: Revise the maintenance program to 
incorporate Item No. 1b. in Section D, ``Airworthiness Limitations--
Life Limits,'' of the Boeing 787 Airworthiness Limitations (AWLs) 
Document D011Z009-03-01, dated April 2013. This new item is the 
Systems Life-Limited Parts requirement for replacement of the main 
and APU battery enclosure vent burst discs.

(i) No Alternative Actions and Intervals

    After accomplishing the revision required by paragraph (h) of 
this AD, no changes may be made to Item No. 1b. in Section D, 
``Airworthiness Limitations--Life Limits,'' of the Boeing Model 787 
Airworthiness Limitations (AWLs) Document D011Z009-03-01, dated 
April 2013, unless approved as an alternative method of compliance 
(AMOC) in accordance with the procedures specified in paragraph (j) 
of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (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.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Seattle ACO, to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.

(k) Related Information

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

(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 the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin B787-81205-SB500003-00, Issue 
001, dated April 19, 2013.
    (ii) Boeing 787 Airworthiness Limitations (AWLs) Document 
D011Z009-03-01, dated April 2013.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; phone: 
206-544-5000, extension 1; fax: 206-766-5680; Internet: https://www.myboeingfleet.com.
    (4) You may review copies of the referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on April 22, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-09990 Filed 4-25-13; 8:45 am]
BILLING CODE 4910-13-P