[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Rules and Regulations]
[Pages 86912-86914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29064]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9436; Directorate Identifier 2016-NM-197-AD; 
Amendment 39-18726; AD 2016-24-09]
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 and 787-9 airplanes. This AD requires 
repetitive cycling of either the airplane electrical power or the power 
to the three flight control modules (FCMs). This AD was prompted by a 
report indicating that all three FCMs might simultaneously reset if 
continuously powered on for 22 days. We are issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective December 2, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 2, 
2016.
    We must receive comments on this AD by January 17, 2017.

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 p.m., Monday through Friday, except Federal holidays.
    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; Internet https://www.myboeingfleet.com. You may 
view this 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. It is also 
available on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2016-9436.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9436; 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: Fnu Winarto, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone: 425-917-6659; fax: 425-917-6590; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We have received reports indicating that an FCM will reset if 
continuously powered on for 22 days. This condition, if not corrected, 
could result in simultaneous resets of all three FCMs, which could 
result in flight control surfaces not moving in response to flight crew 
inputs for a short time and consequent temporary loss of 
controllability. We are issuing this AD to correct the unsafe condition 
on these products.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin B787-81205-SB270040-00, 
Issue 001, dated November 25, 2016. The service information describes 
procedures for cycling the airplane electrical power and cycling power 
to the three FCMs. 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.

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 described previously. For information on the procedures and 
compliance times, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9436.

Interim Action

    We consider this AD interim action. Boeing and its suppliers are 
developing a terminating solution to address the identified unsafe 
condition. Once this terminating solution is developed, approved, and 
available, we might consider additional rulemaking.

FAA's Justification and 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 
simultaneous resets of all three FCMs could result in flight control 
surfaces not moving in response to flight crew inputs for a short time 
and consequent temporary loss of controllability. 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

[[Page 86913]]

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-2016-9436 and 
Directorate Identifier 2016-NM-197-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 99 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
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               Action                         Labor cost             Cost per product     Cost on U.S. operators
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Cycling of either the airplane       1 work-hour x $85 per hour   $85 per cycle.........  $8,415 per cycle.
 electrical power or power to the     = $85 per cycle.
 FCMs.
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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):

2016-24-09 The Boeing Company: Amendment 39-18726; Docket No. FAA-
2016-9436; Directorate Identifier 2016-NM-197-AD.

(a) Effective Date

    This AD is effective December 2, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 787-8 and 787-9 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Unsafe Condition

    This AD was prompted by a report indicating that all three 
flight control modules (FCMs) might simultaneously reset if 
continuously powered on for 22 days. We are issuing this AD to 
prevent simultaneous resets of all three FCMs, which could result in 
flight control surfaces not moving in response to flight crew inputs 
for a short time and consequent temporary loss of controllability.

(f) Compliance

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

(g) Reset of FCMs

    Within 7 days after the effective date of this AD, do the action 
specified in paragraph (g)(1) or (g)(2) of this AD. Repeat the 
action specified in paragraph (g)(1) or (g)(2) of this AD thereafter 
at intervals not to exceed 21 days.
    (1) Cycle the airplane electrical power, in accordance with 
``Option 1'' of the Accomplishment Instructions of Boeing Alert 
Service Bulletin B787-81205-SB270040-00, Issue 001, dated November 
25, 2016.
    (2) Cycle power to the left, center, and right FCMs, in 
accordance with ``Option 2'' of the Accomplishment Instructions of 
Boeing Alert Service Bulletin B787-81205-SB270040-00, Issue 001, 
dated November 25, 2016.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (g)(2) of this AD, if those actions were performed before 
the effective date of this AD using the service information 
specified in paragraph (h)(1), (h)(2), or (h)(3) of this AD.
    (1) Boeing Multi-Operator Message MOM-MOM-16-0711-01B, dated 
October 21, 2016.
    (2) Boeing Multi-Operator Message MOM-MOM-16-0711-01B(R1), dated 
November 17, 2016.
    (3) Boeing Multi-Operator Message MOM-MOM-16-0711-01B(R2), dated 
November 17, 2016.

(i) 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 paragraph (j)(1) of this AD. 
Information may

[[Page 86914]]

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, modification, or alteration 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. 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) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(i)(4)(i) and (i)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or sub-step is labeled ``RC Exempt,'' then 
the RC requirement is removed from that step or sub-step. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(j) Related Information

    (1) For more information about this AD, contact Fnu Winarto, 
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, 
Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., 
Renton, WA 98057-3356; phone: 425-917-6659; fax: 425-917-6590; 
email: [email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (k)(4) of this AD.

(k) 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-SB270040-00, Issue 
001, dated November 25, 2016.
    (ii) Reserved.
    (3) 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 https://www.myboeingfleet.com.
    (4) You may view this 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 November 28, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-29064 Filed 12-1-16; 8:45 am]
BILLING CODE 4910-13-P