Airworthiness Directives; The Boeing Company Airplanes, 86912-86914 [2016-29064]
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86912
Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Rules and Regulations
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
The Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for Gulfstream Model
GVII–G500 airplanes:
If the design of the flight-control
system has multiple modes of operation,
a means must be provided to indicate to
the flightcrew any mode that
significantly changes or degrades the
normal handling or operational
characteristics of the airplane.
Issued in Renton, Washington, on
November 16, 2016.
Phil Forde,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–28725 Filed 12–1–16; 8:45 am]
BILLING CODE 4910–13–P
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]
Examining the AD Docket
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
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:
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:49 Dec 01, 2016
Jkt 241001
• Federal eRulemaking Portal: Go to
https://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 https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
9436.
You may examine the AD docket on
the Internet at https://
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:
fnu.winarto@faa.gov.
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
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
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 https://
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
E:\FR\FM\02DER1.SGM
02DER1
Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Rules and Regulations
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 https://
www.regulations.gov, including any
86913
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
Labor cost
Cost per product
Cycling of either the airplane electrical power
or power to the FCMs.
1 work-hour × $85 per hour = $85 per cycle ..
$85 per cycle ..............
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.
jstallworth on DSK7TPTVN1PROD with RULES
Action
List of Subjects in 14 CFR Part 39
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.
VerDate Sep<11>2014
14:49 Dec 01, 2016
Jkt 241001
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
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 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
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
Cost on U.S.
operators
$8,415 per cycle.
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
E:\FR\FM\02DER1.SGM
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Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Rules and Regulations
be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov.
(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.
jstallworth on DSK7TPTVN1PROD with RULES
(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: fnu.winarto@faa.gov.
(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,
VerDate Sep<11>2014
14:49 Dec 01, 2016
Jkt 241001
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: https://
www.archives.gov/federal-register/cfr/ibrlocations.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
FEDERAL TRADE COMMISSION
16 CFR Part 306
Automotive Fuel Ratings, Certification
and Posting
Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
ACTION: Grant of partial exemption from
the Commission’s automotive fuel
ratings, certification, and posting rule.
AGENCY:
The Commission grants the
petition of gasoline dispenser
manufacturer Gilbarco, Inc. (‘‘Gilbarco’’)
requesting permission for ethanol flex
fuel retailers to post ethanol flex fuel
rating labels that differ from size and
shape specifications in the
Commission’s Rule for Automotive Fuel
Ratings, Certification and Posting
(‘‘Rule’’). The Commission grants the
partial exemption without a notice and
comment period because ‘‘for good
cause’’ the Commission finds that notice
and comment is unnecessary in this
case. The Commission previously
granted similar requests from Gilbarco
and other dispenser manufacturers
without notice and comment
procedures.
SUMMARY:
This partial exemption is
effective December 2, 2016.
DATES:
for automotive gasoline.1 Pursuant to
section 1501 of the Energy Policy Act of
1992, 106 Stat. 2776, the Commission
then amended the Rule in 1993 to
require a rating disclosure for liquid
alternative fuels, including gasolineethanol blends above 10 percent ethanol
(‘‘Ethanol Flex Fuels’’).2 On January 14,
2016, the Commission established a new
Ethanol Flex Fuel rating and label,
effective July 14, 2016.3
Section 306.10 of the Rule requires
that retailers post on automotive fuel
dispensers a fuel rating label for each
kind of automotive fuel sold from the
dispenser. Retailers must post labels
conspicuously on the dispenser in
consumers’ full view and as near as
reasonably practical to the fuel price.
Section 306.12 of the Rule details
label color scheme, shape, size, textual
content, and font type and point size.
Ethanol Flex Fuel labels must be orange,
rectangular, and 3 inches (7.62 cm) wide
x 2 1⁄2 inches (6.35 cm) long. In
addition, the percentage of ethanol
content must be printed in orange font
within a 1 inch (2.54 cm) deep black
band across the top of the label. Below
the band, the label must state ‘‘Use Only
in Flex Fuel Vehicles/May Harm Other
Engines.’’
II. Gilbarco’s Prior Petitions
In 1988 and 1995, the Commission
granted Gilbarco partial exemptions to
allow retailers to post octane labels
smaller than required by the Rule. As
here, Gilbarco requested the exemption
to allow retailers to display the labels on
the buttons consumers press to select a
particular automotive fuel on multiblend fuel dispensers (‘‘button labels’’).4
In those instances, the Commission
exempted button labels that measured 3
inches (7.62 cm) wide x 2.3 inches (5.84
cm) long and 2.74 inches (6.96 cm) wide
x 1.80 inches (4.57 cm) long.
Furthermore, the font point size differed
from Rule’s requirements, and the
exempted labels added the word
‘‘Press.’’
I. The Fuel Rating Rule
III. Gilbarco’s Current Petition
Gibarco now requests an exemption
for smaller label dimensions for Ethanol
Flex Fuel button labels and to include
the word ‘‘Press’’ in the label’s black
band. In addition, Gilbarco requests
permission to post dome-shaped button
labels in lieu of rectangular labels for
certain dispenser designs. The proposed
rectangular labels are 2.38 inches (6.05
The Rule provides procedures for
determining, certifying, and posting,
through fuel dispenser labels, a rating
for automotive fuels intended for
consumer sale. As originally published,
the Rule required only an octane rating
1 See Octane Posting and Certification Rule, 44 FR
19160 (Mar. 30, 1979).
2 58 FR 41356, 41372 (Aug. 3, 1993).
3 81 FR 2054 (Jan. 14, 2016).
4 See 60 FR 57584 (Nov. 16, 1995); 53 FR 29277
(Aug. 3, 1988).
R.
Michael Waller, (202) 326–2902,
Attorney, Division of Enforcement,
Bureau of Consumer Protection, Federal
Trade Commission, 600 Pennsylvania
Avenue NW., Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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E:\FR\FM\02DER1.SGM
02DER1
Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 https://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 https://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:
fnu.winarto@faa.gov.
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 https://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 https://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
----------------------------------------------------------------------------------------------------------------
Action Labor cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
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: 9-ANM-Seattle-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 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: fnu.winarto@faa.gov.
(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: https://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]
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