[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]
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