81_FR_87144 81 FR 86912 - Airworthiness Directives; The Boeing Company Airplanes

81 FR 86912 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 232 (December 2, 2016)

Page Range86912-86914
FR Document2016-29064

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.

Federal Register, Volume 81 Issue 232 (Friday, December 2, 2016)
[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Rules and Regulations]
[Pages 86912-86914]
From the Federal Register Online  [www.thefederalregister.org]
[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 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
----------------------------------------------------------------------------------------------------------------
               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: [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



                                                86912             Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Rules and Regulations

                                                  Authority: 49 U.S.C. 106(g), 40113, 44701,              • Federal eRulemaking Portal: Go to                 controllability. We are issuing this AD
                                                44702, 44704.                                           http://www.regulations.gov. Follow the                to correct the unsafe condition on these
                                                The Special Conditions                                  instructions for submitting comments.                 products.
                                                                                                          • Fax: 202–493–2251.
                                                  Accordingly, pursuant to the                                                                                Related Service Information Under 1
                                                                                                          • Mail: U.S. Department of
                                                authority delegated to me by the                                                                              CFR Part 51
                                                                                                        Transportation, Docket Operations, M–
                                                Administrator, the following special                    30, West Building Ground Floor, Room                     We reviewed Boeing Alert Service
                                                conditions are issued as part of the type               W12–140, 1200 New Jersey Avenue SE.,                  Bulletin B787–81205–SB270040–00,
                                                certification basis for Gulfstream Model                Washington, DC 20590.                                 Issue 001, dated November 25, 2016.
                                                GVII–G500 airplanes:                                      • Hand Delivery: Deliver to Mail                    The service information describes
                                                  If the design of the flight-control                   address above between 9 a.m. and 5                    procedures for cycling the airplane
                                                system has multiple modes of operation,                 p.m., Monday through Friday, except                   electrical power and cycling power to
                                                a means must be provided to indicate to                 Federal holidays.                                     the three FCMs. This service
                                                the flightcrew any mode that                              For service information identified in               information is reasonably available
                                                significantly changes or degrades the                   this final rule, contact Boeing                       because the interested parties have
                                                normal handling or operational                          Commercial Airplanes, Attention:                      access to it through their normal course
                                                characteristics of the airplane.                        Contractual & Data Services (C&DS),                   of business or by the means identified
                                                  Issued in Renton, Washington, on                      2600 Westminster Blvd., MC 110–SK57,                  in the ADDRESSES section.
                                                November 16, 2016.                                      Seal Beach, CA 90740–5600; telephone                  FAA’s Determination
                                                Phil Forde,                                             562–797–1717; Internet https://
                                                Acting Manager, Transport Airplane                      www.myboeingfleet.com. You may view                     We are issuing this AD because we
                                                Directorate, Aircraft Certification Service.            this referenced service information at                evaluated all the relevant information
                                                [FR Doc. 2016–28725 Filed 12–1–16; 8:45 am]             the FAA, Transport Airplane                           and determined the unsafe condition
                                                                                                        Directorate, 1601 Lind Avenue SW.,                    described previously is likely to exist or
                                                BILLING CODE 4910–13–P
                                                                                                        Renton, WA. For information on the                    develop in other products of the same
                                                                                                        availability of this material at the FAA,             type design.
                                                DEPARTMENT OF TRANSPORTATION                            call 425–227–1221. It is also available               AD Requirements
                                                                                                        on the Internet at http://
                                                Federal Aviation Administration                         www.regulations.gov by searching for                    This AD requires accomplishing the
                                                                                                        and locating Docket No. FAA–2016–                     actions specified in the service
                                                14 CFR Part 39                                          9436.                                                 information described previously. For
                                                                                                                                                              information on the procedures and
                                                [Docket No. FAA–2016–9436; Directorate                  Examining the AD Docket                               compliance times, see this service
                                                Identifier 2016–NM–197–AD; Amendment
                                                                                                          You may examine the AD docket on                    information at http://
                                                39–18726; AD 2016–24–09]
                                                                                                        the Internet at http://                               www.regulations.gov by searching for
                                                RIN 2120–AA64                                                                                                 and locating Docket No. FAA–2016–
                                                                                                        www.regulations.gov by searching for
                                                                                                        and locating Docket No. FAA–2016–                     9436.
                                                Airworthiness Directives; The Boeing
                                                Company Airplanes                                       9436; or in person at the Docket                      Interim Action
                                                                                                        Management Facility between 9 a.m.
                                                AGENCY:  Federal Aviation                               and 5 p.m., Monday through Friday,                       We consider this AD interim action.
                                                Administration (FAA), DOT.                              except Federal holidays. The AD docket                Boeing and its suppliers are developing
                                                                                                        contains this AD, the regulatory                      a terminating solution to address the
                                                ACTION: Final rule; request for
                                                                                                        evaluation, any comments received, and                identified unsafe condition. Once this
                                                comments.                                                                                                     terminating solution is developed,
                                                                                                        other information. The street address for
                                                SUMMARY: We are adopting a new                          the Docket Office (phone: 800–647–                    approved, and available, we might
                                                airworthiness directive (AD) for all The                5527) is in the ADDRESSES section.                    consider additional rulemaking.
                                                Boeing Company Model 787–8 and 787–                     Comments will be available in the AD                  FAA’s Justification and Determination
                                                9 airplanes. This AD requires repetitive                docket shortly after receipt.                         of the Effective Date
                                                cycling of either the airplane electrical               FOR FURTHER INFORMATION CONTACT: Fnu                    An unsafe condition exists that
                                                power or the power to the three flight                  Winarto, Aerospace Engineer, Systems                  requires the immediate adoption of this
                                                control modules (FCMs). This AD was                     and Equipment Branch, ANM–130S,                       AD. The FAA has found that the risk to
                                                prompted by a report indicating that all                FAA, Seattle Aircraft Certification                   the flying public justifies waiving notice
                                                three FCMs might simultaneously reset                   Office (ACO), 1601 Lind Avenue SW.,                   and comment prior to adoption of this
                                                if continuously powered on for 22 days.                 Renton, WA 98057–3356; phone: 425–                    rule because simultaneous resets of all
                                                We are issuing this AD to address the                   917–6659; fax: 425–917–6590; email:                   three FCMs could result in flight control
                                                unsafe condition on these products.                     fnu.winarto@faa.gov.                                  surfaces not moving in response to flight
                                                DATES: This AD is effective December 2,                 SUPPLEMENTARY INFORMATION:                            crew inputs for a short time and
                                                2016.                                                                                                         consequent temporary loss of
                                                   The Director of the Federal Register                 Discussion
                                                                                                                                                              controllability. Therefore, we find that
                                                approved the incorporation by reference                    We have received reports indicating                notice and opportunity for prior public
                                                of a certain publication listed in this AD              that an FCM will reset if continuously                comment are impracticable and that
jstallworth on DSK7TPTVN1PROD with RULES




                                                as of December 2, 2016.                                 powered on for 22 days. This condition,               good cause exists for making this
                                                   We must receive comments on this                     if not corrected, could result in                     amendment effective in less than 30
                                                AD by January 17, 2017.                                 simultaneous resets of all three FCMs,                days.
                                                ADDRESSES: You may send comments,                       which could result in flight control
                                                using the procedures found in 14 CFR                    surfaces not moving in response to flight             Comments Invited
                                                11.43 and 11.45, by any of the following                crew inputs for a short time and                        This AD is a final rule that involves
                                                methods:                                                consequent temporary loss of                          requirements affecting flight safety and


                                           VerDate Sep<11>2014   14:49 Dec 01, 2016   Jkt 241001   PO 00000   Frm 00008   Fmt 4700   Sfmt 4700   E:\FR\FM\02DER1.SGM   02DER1


                                                                  Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Rules and Regulations                                                  86913

                                                was not preceded by notice and an                       specifically invite comments on the                   personal information you provide. We
                                                opportunity for public comment.                         overall regulatory, economic,                         will also post a report summarizing each
                                                However, we invite you to send any                      environmental, and energy aspects of                  substantive verbal contact we receive
                                                written data, views, or arguments about                 this AD. We will consider all comments                about this AD.
                                                this AD. Send your comments to an                       received by the closing date and may
                                                                                                                                                              Costs of Compliance
                                                address listed under the ADDRESSES                      amend this AD because of those
                                                section. Include the docket number                      comments.                                               We estimate that this AD affects 99
                                                FAA–2016–9436 and Directorate                             We will post all comments we                        airplanes of U.S. registry. We estimate
                                                Identifier 2016–NM–197–AD at the                        receive, without change, to http://                   the following costs to comply with this
                                                beginning of your comments. We                          www.regulations.gov, including any                    AD:

                                                                                                                     ESTIMATED COSTS
                                                                                                                                                                                                Cost on U.S.
                                                                      Action                                               Labor cost                           Cost per product                 operators

                                                Cycling of either the airplane electrical power        1 work-hour × $85 per hour = $85 per cycle ..         $85 per cycle ..............   $8,415 per cycle.
                                                  or power to the FCMs.



                                                Authority for This Rulemaking                           List of Subjects in 14 CFR Part 39                    and consequent temporary loss of
                                                                                                                                                              controllability.
                                                   Title 49 of the United States Code                     Air transportation, Aircraft, Aviation
                                                specifies the FAA’s authority to issue                  safety, Incorporation by reference,                   (f) Compliance
                                                rules on aviation safety. Subtitle I,                   Safety.                                                  Comply with this AD within the
                                                section 106, describes the authority of                                                                       compliance times specified, unless already
                                                the FAA Administrator. ‘‘Subtitle VII:                  Adoption of the Amendment                             done.
                                                Aviation Programs’’ describes in more                     Accordingly, under the authority                    (g) Reset of FCMs
                                                detail the scope of the Agency’s                        delegated to me by the Administrator,                    Within 7 days after the effective date of
                                                authority.                                              the FAA amends 14 CFR part 39 as                      this AD, do the action specified in paragraph
                                                   We are issuing this rulemaking under                 follows:                                              (g)(1) or (g)(2) of this AD. Repeat the action
                                                the authority described in Subtitle VII,                                                                      specified in paragraph (g)(1) or (g)(2) of this
                                                Part A, Subpart III, Section 44701:                     PART 39—AIRWORTHINESS                                 AD thereafter at intervals not to exceed 21
                                                ‘‘General requirements.’’ Under that                    DIRECTIVES                                            days.
                                                section, Congress charges the FAA with                                                                           (1) Cycle the airplane electrical power, in
                                                promoting safe flight of civil aircraft in              ■ 1. The authority citation for part 39               accordance with ‘‘Option 1’’ of the
                                                                                                                                                              Accomplishment Instructions of Boeing Alert
                                                air commerce by prescribing regulations                 continues to read as follows:                         Service Bulletin B787–81205–SB270040–00,
                                                for practices, methods, and procedures                      Authority: 49 U.S.C. 106(g), 40113, 44701.        Issue 001, dated November 25, 2016.
                                                the Administrator finds necessary for                                                                            (2) Cycle power to the left, center, and right
                                                safety in air commerce. This regulation                 § 39.13   [Amended]                                   FCMs, in accordance with ‘‘Option 2’’ of the
                                                is within the scope of that authority                                                                         Accomplishment Instructions of Boeing Alert
                                                                                                        ■ 2. The FAA amends § 39.13 by adding
                                                because it addresses an unsafe condition                                                                      Service Bulletin B787–81205–SB270040–00,
                                                                                                        the following new airworthiness                       Issue 001, dated November 25, 2016.
                                                that is likely to exist or develop on
                                                                                                        directive (AD):
                                                products identified in this rulemaking                                                                        (h) Credit for Previous Actions
                                                action.                                                 2016–24–09 The Boeing Company:
                                                                                                            Amendment 39–18726; Docket No.                      This paragraph provides credit for the
                                                Regulatory Findings                                         FAA–2016–9436; Directorate Identifier             actions specified in paragraph (g)(2) of this
                                                                                                            2016–NM–197–AD.                                   AD, if those actions were performed before
                                                  This AD will not have federalism                                                                            the effective date of this AD using the service
                                                implications under Executive Order                      (a) Effective Date                                    information specified in paragraph (h)(1),
                                                13132. This AD will not have a                            This AD is effective December 2, 2016.              (h)(2), or (h)(3) of this AD.
                                                substantial direct effect on the States, on                                                                     (1) Boeing Multi-Operator Message MOM–
                                                the relationship between the national                   (b) Affected ADs                                      MOM–16–0711–01B, dated October 21, 2016.
                                                government and the States, or on the                      None.                                                 (2) Boeing Multi-Operator Message MOM–
                                                                                                                                                              MOM–16–0711–01B(R1), dated November
                                                distribution of power and                               (c) Applicability                                     17, 2016.
                                                responsibilities among the various                                                                              (3) Boeing Multi-Operator Message MOM–
                                                                                                           This AD applies to all The Boeing
                                                levels of government.                                   Company Model 787–8 and 787–9 airplanes,              MOM–16–0711–01B(R2), dated November
                                                  For the reasons discussed above, I                    certificated in any category.                         17, 2016.
                                                certify that this AD:
                                                  (1) Is not a ‘‘significant regulatory                 (d) Subject                                           (i) Alternative Methods of Compliance
                                                action’’ under Executive Order 12866,                     Air Transport Association (ATA) of                  (AMOCs)
                                                  (2) Is not a ‘‘significant rule’’ under               America Code 27, Flight Controls.                        (1) The Manager, Seattle Aircraft
                                                DOT Regulatory Policies and Procedures                                                                        Certification Office (ACO), FAA, has the
                                                                                                        (e) Unsafe Condition                                  authority to approve AMOCs for this AD, if
                                                (44 FR 11034, February 26, 1979),
jstallworth on DSK7TPTVN1PROD with RULES




                                                  (3) Will not affect intrastate aviation                  This AD was prompted by a report                   requested using the procedures found in 14
                                                                                                        indicating that all three flight control              CFR 39.19. In accordance with 14 CFR 39.19,
                                                in Alaska, and                                          modules (FCMs) might simultaneously reset             send your request to your principal inspector
                                                  (4) Will not have a significant                       if continuously powered on for 22 days. We            or local Flight Standards District Office, as
                                                economic impact, positive or negative,                  are issuing this AD to prevent simultaneous           appropriate. If sending information directly
                                                on a substantial number of small entities               resets of all three FCMs, which could result          to the manager of the ACO, send it to the
                                                under the criteria of the Regulatory                    in flight control surfaces not moving in              attention of the person identified in
                                                Flexibility Act.                                        response to flight crew inputs for a short time       paragraph (j)(1) of this AD. Information may



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                                                86914             Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Rules and Regulations

                                                be emailed to: 9-ANM-Seattle-ACO-AMOC-                  1601 Lind Avenue SW., Renton, WA. For                 for automotive gasoline.1 Pursuant to
                                                Requests@faa.gov.                                       information on the availability of this               section 1501 of the Energy Policy Act of
                                                   (2) Before using any approved AMOC,                  material at the FAA, call 425–227–1221.               1992, 106 Stat. 2776, the Commission
                                                notify your appropriate principal inspector,              (5) You may view this service information           then amended the Rule in 1993 to
                                                or lacking a principal inspector, the manager           that is incorporated by reference at the
                                                of the local flight standards district office/          National Archives and Records
                                                                                                                                                              require a rating disclosure for liquid
                                                certificate holding district office.                    Administration (NARA). For information on             alternative fuels, including gasoline-
                                                   (3) An AMOC that provides an acceptable              the availability of this material at NARA, call       ethanol blends above 10 percent ethanol
                                                level of safety may be used for any repair,             202–741–6030, or go to: http://                       (‘‘Ethanol Flex Fuels’’).2 On January 14,
                                                modification, or alteration required by this            www.archives.gov/federal-register/cfr/ibr-            2016, the Commission established a new
                                                AD if it is approved by the Boeing                      locations.html.                                       Ethanol Flex Fuel rating and label,
                                                Commercial Airplanes Organization                                                                             effective July 14, 2016.3
                                                Designation Authorization (ODA) that has                  Issued in Renton, Washington, on
                                                                                                        November 28, 2016.                                       Section 306.10 of the Rule requires
                                                been authorized by the Manager, Seattle
                                                ACO, to make those findings. To be                      Michael Kaszycki,                                     that retailers post on automotive fuel
                                                approved, the repair method, modification                                                                     dispensers a fuel rating label for each
                                                                                                        Acting Manager, Transport Airplane
                                                deviation, or alteration deviation must meet            Directorate, Aircraft Certification Service.
                                                                                                                                                              kind of automotive fuel sold from the
                                                the certification basis of the airplane, and the                                                              dispenser. Retailers must post labels
                                                                                                        [FR Doc. 2016–29064 Filed 12–1–16; 8:45 am]
                                                approval must specifically refer to this AD.                                                                  conspicuously on the dispenser in
                                                   (4) For service information that contains            BILLING CODE 4910–13–P
                                                                                                                                                              consumers’ full view and as near as
                                                steps that are labeled as Required for                                                                        reasonably practical to the fuel price.
                                                Compliance (RC), the provisions of                                                                               Section 306.12 of the Rule details
                                                paragraphs (i)(4)(i) and (i)(4)(ii) of this AD          FEDERAL TRADE COMMISSION                              label color scheme, shape, size, textual
                                                apply.
                                                                                                                                                              content, and font type and point size.
                                                   (i) The steps labeled as RC, including               16 CFR Part 306
                                                substeps under an RC step and any figures                                                                     Ethanol Flex Fuel labels must be orange,
                                                identified in an RC step, must be done to                                                                     rectangular, and 3 inches (7.62 cm) wide
                                                                                                        Automotive Fuel Ratings, Certification
                                                comply with the AD. If a step or sub-step is                                                                  x 2 1⁄2 inches (6.35 cm) long. In
                                                                                                        and Posting
                                                labeled ‘‘RC Exempt,’’ then the RC                                                                            addition, the percentage of ethanol
                                                requirement is removed from that step or                AGENCY: Federal Trade Commission                      content must be printed in orange font
                                                sub-step. An AMOC is required for any                   (‘‘FTC’’ or ‘‘Commission’’).                          within a 1 inch (2.54 cm) deep black
                                                deviations to RC steps, including substeps                                                                    band across the top of the label. Below
                                                and identified figures.                                 ACTION: Grant of partial exemption from
                                                                                                        the Commission’s automotive fuel                      the band, the label must state ‘‘Use Only
                                                   (ii) Steps not labeled as RC may be
                                                deviated from using accepted methods in                 ratings, certification, and posting rule.             in Flex Fuel Vehicles/May Harm Other
                                                accordance with the operator’s maintenance                                                                    Engines.’’
                                                or inspection program without obtaining                 SUMMARY: The Commission grants the
                                                                                                                                                              II. Gilbarco’s Prior Petitions
                                                approval of an AMOC, provided the RC steps,             petition of gasoline dispenser
                                                including substeps and identified figures, can          manufacturer Gilbarco, Inc. (‘‘Gilbarco’’)               In 1988 and 1995, the Commission
                                                still be done as specified, and the airplane            requesting permission for ethanol flex                granted Gilbarco partial exemptions to
                                                can be put back in an airworthy condition.              fuel retailers to post ethanol flex fuel              allow retailers to post octane labels
                                                (j) Related Information                                 rating labels that differ from size and               smaller than required by the Rule. As
                                                                                                        shape specifications in the                           here, Gilbarco requested the exemption
                                                   (1) For more information about this AD,                                                                    to allow retailers to display the labels on
                                                contact Fnu Winarto, Aerospace Engineer,                Commission’s Rule for Automotive Fuel
                                                Systems and Equipment Branch, ANM–130S,                 Ratings, Certification and Posting                    the buttons consumers press to select a
                                                FAA, Seattle Aircraft Certification Office              (‘‘Rule’’). The Commission grants the                 particular automotive fuel on multi-
                                                (ACO), 1601 Lind Avenue SW., Renton, WA                 partial exemption without a notice and                blend fuel dispensers (‘‘button labels’’).4
                                                98057–3356; phone: 425–917–6659; fax: 425–              comment period because ‘‘for good                     In those instances, the Commission
                                                917–6590; email: fnu.winarto@faa.gov.                   cause’’ the Commission finds that notice              exempted button labels that measured 3
                                                   (2) Service information identified in this                                                                 inches (7.62 cm) wide x 2.3 inches (5.84
                                                                                                        and comment is unnecessary in this
                                                AD that is not incorporated by reference is                                                                   cm) long and 2.74 inches (6.96 cm) wide
                                                available at the addresses specified in                 case. The Commission previously
                                                                                                        granted similar requests from Gilbarco                x 1.80 inches (4.57 cm) long.
                                                paragraphs (k)(3) and (k)(4) of this AD.                                                                      Furthermore, the font point size differed
                                                                                                        and other dispenser manufacturers
                                                (k) Material Incorporated by Reference                  without notice and comment                            from Rule’s requirements, and the
                                                   (1) The Director of the Federal Register             procedures.                                           exempted labels added the word
                                                approved the incorporation by reference                                                                       ‘‘Press.’’
                                                (IBR) of the service information listed in this         DATES: This partial exemption is
                                                paragraph under 5 U.S.C. 552(a) and 1 CFR               effective December 2, 2016.                           III. Gilbarco’s Current Petition
                                                part 51.                                                FOR FURTHER INFORMATION CONTACT: R.                      Gibarco now requests an exemption
                                                   (2) You must use this service information            Michael Waller, (202) 326–2902,                       for smaller label dimensions for Ethanol
                                                as applicable to do the actions required by             Attorney, Division of Enforcement,                    Flex Fuel button labels and to include
                                                this AD, unless the AD specifies otherwise.                                                                   the word ‘‘Press’’ in the label’s black
                                                   (i) Boeing Alert Service Bulletin B787–
                                                                                                        Bureau of Consumer Protection, Federal
                                                                                                        Trade Commission, 600 Pennsylvania                    band. In addition, Gilbarco requests
                                                81205–SB270040–00, Issue 001, dated
                                                November 25, 2016.                                      Avenue NW., Washington, DC 20580.                     permission to post dome-shaped button
                                                   (ii) Reserved.                                       SUPPLEMENTARY INFORMATION:                            labels in lieu of rectangular labels for
                                                   (3) For service information identified in                                                                  certain dispenser designs. The proposed
jstallworth on DSK7TPTVN1PROD with RULES




                                                this AD, contact Boeing Commercial                      I. The Fuel Rating Rule                               rectangular labels are 2.38 inches (6.05
                                                Airplanes, Attention: Contractual & Data                  The Rule provides procedures for
                                                Services (C&DS), 2600 Westminster Blvd.,                                                                        1 See Octane Posting and Certification Rule, 44 FR

                                                MC 110–SK57, Seal Beach, CA 90740–5600;
                                                                                                        determining, certifying, and posting,
                                                                                                                                                              19160 (Mar. 30, 1979).
                                                telephone 562–797–1717; Internet https://               through fuel dispenser labels, a rating                 2 58 FR 41356, 41372 (Aug. 3, 1993).

                                                www.myboeingfleet.com.                                  for automotive fuels intended for                       3 81 FR 2054 (Jan. 14, 2016).

                                                   (4) You may view this service information            consumer sale. As originally published,                 4 See 60 FR 57584 (Nov. 16, 1995); 53 FR 29277

                                                at the FAA, Transport Airplane Directorate,             the Rule required only an octane rating               (Aug. 3, 1988).



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Document Created: 2018-02-14 09:02:13
Document Modified: 2018-02-14 09:02:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; request for comments.
DatesThis AD is effective December 2, 2016.
ContactFnu 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]
FR Citation81 FR 86912 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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