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[Federal Register Volume 80, Number 188 (Tuesday, September 29, 2015)]
[Rules and Regulations]
[Pages 58357-58361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24145]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0773; Directorate Identifier 2014-NM-068-AD; 
Amendment 39-18271; AD 2015-19-09]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for all The 
Boeing Company Model 787-8 airplanes. This AD was prompted by reports 
of a potential latent failure of the fuel shutoff valve actuator 
circuitry, which was not identified during actuator development. This 
AD requires replacing certain engine and auxiliary power unit (APU) 
fuel shutoff valve actuators with new actuators, and also requires 
revising the maintenance or inspection program to include a new 
airworthiness limitation into the Airworthiness Limitations Section 
(ALS) of the Instructions for Continued Airworthiness (ICA). We are 
issuing this AD to detect and correct latent failures of the fuel 
shutoff valve to the engine and auxiliary power unit (APU), which could 
result in the inability to shut off fuel to the engine and APU and, in 
case of certain fires, an uncontrollable fire that could lead to 
structural failure.

DATES: This AD is effective November 3, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 3, 
2015.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the

[[Page 58358]]

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-2014-0773.

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-2014-
0773; 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 address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Rebel Nichols, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6509; fax: 425-917-6590; email: Rebel.Nichols@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all The Boeing Company 
Model 787-8 airplanes. The NPRM published in the Federal Register on 
November 17, 2014 (79 FR 68384). The NPRM was prompted by reports of a 
potential latent failure of the fuel shutoff valve actuator circuitry, 
which was not identified during actuator development. The NPRM proposed 
to require replacing certain engine and APU fuel shutoff valve 
actuators with new actuators, and also proposed revising the 
maintenance or inspection program to include a new airworthiness 
limitation into the ALS of the ICA. We are issuing this AD to detect 
and correct latent failures of the fuel shutoff valve to the engine and 
APU, which could result in the inability to shut off fuel to the engine 
and APU and, in case of certain fires, an uncontrollable fire that 
could lead to structural failure.

Record of Ex Parte Communication

    In preparation of AD actions such as NPRMs and immediately adopted 
rules, it is the practice of the FAA to obtain technical information 
and information on operational and economic impacts from design 
approval holders and aircraft operators. We discussed certain comments 
addressed in this final rule in a teleconference with Airlines for 
America (A4A) and other members of the aviation industry. All of the 
comments discussed during this teleconference that are relevant to this 
final rule are addressed in this final rule in response to comments 
submitted by other commenters. A discussion of this contact can be 
found in the rulemaking docket at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2014-0773.

Clarification of Certain Terminology

    Throughout the preamble of this final rule, commenters may have 
used the terms ``fuel shutoff valve'' and ``fuel spar valve'' 
interchangeably. Both terms refer to the same part. In our responses to 
comments, we have used the term ``fuel shutoff valve.'' The term ``fuel 
spar valve'' is more commonly used in airplane maintenance 
documentation and, therefore, we have used that term in figure 1 to 
paragraph (g) of this AD.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (79 
FR 68384, November 17, 2014) and the FAA's response to each comment.

Request To Withdraw the NPRM (79 FR 68384, November 17, 2014)

    All Nippon Airways (ANA) stated that the NPRM (79 FR 68384, 
November 17, 2014) proposed a revision of the maintenance program or 
inspection program that added an inspection every 10 days. ANA 
explained that it believes this action is not necessary. ANA stated 
that it has used fuel shutoff valve actuators having part number (P/N) 
53-0037 on its airplanes since their delivery, and that these fuel 
shutoff valve actuators have accumulated 1,607,870 flight hours. ANA 
stated that it has removed a total of 9 fuel shutoff valve actuators; 
however, it has never experienced a stuck micro-switch issue, and has 
experienced only a motor issue. ANA also stated that it has performed a 
one-time operational check on 10 airplanes with no findings.
    We infer that the commenter requests that we withdraw the NPRM (79 
FR 68384, November 17, 2014). We disagree with the commenter's request. 
We have determined that an unsafe condition exists that warrants an 
interim action until the modified actuator that will address the 
identified unsafe condition is installed. Boeing did not formally 
comment on whether it considers this issue to be an unsafe condition. 
We have determined that, without the required interim action, a 
significant number of flights with a fuel shutoff valve actuator that 
is failed latently in the open valve position will occur during the 
affected fleet life. With a failed fuel shutoff valve, if certain fire 
conditions were to occur, or if extreme engine or APU damage were to 
occur, or if an engine separation event were to occur during flight, 
the crew procedures for such an event would not stop the fuel flow to 
the engine strut and nacelle or APU. The continued flow of fuel could 
cause an uncontrolled fire or lead to a fuel exhaustion event.
    The FAA regulations require all transport airplanes to be fail safe 
with respect to engine fire events, and the risk due to severe engine 
damage events be minimized. Therefore, we require, for each flight, 
sufficiently operative fire safety systems so that fires can be 
detected and contained, and fuel to the engine strut and nacelle or APU 
can be shut off in the event of an engine or APU fire or severe damage.
    The FAA airworthiness standards require remotely controlled 
powerplant valves to provide indications that the valves are in the 
commanded position. These indications allow the prompt detection and 
correction of valve failures. We do not allow dispatch with a known 
inoperative fuel shutoff valve. Therefore, we are proceeding with the 
final rule, not because of the higher-than-typical failure rate of the 
particular valve actuator involved, but instead because the fuel 
shutoff valve actuator can fail in a manner that also defeats the 
required valve position indication feature. That failure can lead to a 
large number of flights occurring on an airplane with a fuel shutoff 
valve actuator failed in the open position without the operator being 
aware of the failure. Airworthiness limitations containing required 
inspections are intended to limit the number of flights following 
latent failure of the fuel shutoff valve. Issuance of an AD is the 
appropriate method to correct the unsafe condition. We have not changed 
this final rule in this regard.

Request To Extend the Test Interval for the Engine and APU Fuel Shutoff 
Valve Actuators

    ANA requested that we extend the test interval for the engine and 
APU fuel shutoff valve actuators from 10 days to 400 flight cycles. ANA 
stated it does not understand the reason why we proposed a test 
interval of 10 days, which ANA thinks is too short. ANA stated that, 
according to its removal data, the

[[Page 58359]]

earliest actuator removal is at 467 flight hours and 442 flight cycles. 
ANA explained that the fuel shutoff valve operates only once (open-
close) per one cycle; therefore, ANA proposed a test interval of 400 
flight cycles, which would be below 442 flight cycles.
    We disagree with the commenter's request to extend the test 
interval. An increase in the test interval from 10 days to 400 flight 
cycles would result in at least ten times as many flights at risk of an 
uncontrollable engine fire. Requiring the test at a 10-day interval has 
been deemed practical and is similar to inspections on other models 
that require maintenance action to test the actuator function. We have 
not changed this AD in this regard.

Request To Revise Parts Installation Prohibition Paragraph

    ANA requested that we remove the restriction on installing a motor-
operated valve actuator having P/N 53-0037 on crossfeed valve and 
defuel/isolation valve positions. ANA stated that actuator failure in 
these two positions does not lead to a structural failure or 
uncontrollable fire condition that is referenced in the unsafe 
condition.
    We agree with the commenter's request. The vulnerability of the 
crossfeed system is not as significant as that of the engine/APU fuel 
feed system. We have revised paragraph (j) of this AD to limit the 
prohibition on installing a motor-operated valve actuator having P/N 
53-0037 to the engine fuel shutoff valve and APU fuel shutoff valve.

Request To Revise Service Information Identification

    Boeing requested that we correct a reference to unrelated service 
information specified in figure 1 to paragraph (g) of this AD.
    We disagree with the commenter's request because the NPRM (79 FR 
68384, November 17, 2014) identified the correct service information, 
i.e., Boeing Service Bulletin B787-81205-SB280015-00, Issue 002, dated 
June 19, 2014. We have not changed this AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously, and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 68384, November 17, 2014) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 68384, November 17, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Service Bulletin B787-81205-SB280015-00, Issue 
002, dated June 19, 2014. The service information describes procedures 
for replacing the engine and APU fuel shutoff valve actuators. 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 of this AD.

Costs of Compliance

    We estimate that this AD affects 6 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on  U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Maintenance program revision.......  1 work-hour x $85 per hour               $0             $85            $510
                                      = $85.
Engine and APU fuel shutoff valve    10 work-hours x $85 per                   0             850           5,100
 actuator replacement.                hour = $850.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all available costs in our 
cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (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.

[[Page 58360]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2015-19-09 The Boeing Company: Amendment 39-18271; Docket No. FAA-
2014-0773; Directorate Identifier 2014-NM-068-AD.

(a) Effective Date

    This AD is effective November 3, 2015.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by reports of a potential latent failure of 
the fuel shutoff valve actuator circuitry, which was not identified 
during actuator development. We are issuing this AD to detect and 
correct latent failures of the fuel shutoff valve to the engine and 
auxiliary power unit (APU), which could result in the inability to 
shut off fuel to the engine and APU and, in case of certain fires, 
an uncontrollable fire that could lead to structural failure.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 30 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to add 
Airworthiness Limitation (AWL) Number 28-AWL-ACT, ``Engine and APU 
Fuel Shutoff Valve (Fuel Spar Valve) Actuator Test,'' by 
incorporating the information specified in figure 1 to paragraph (g) 
of this AD into the Airworthiness Limitations Section of the 
Instructions for Continued Airworthiness. This may be accomplished 
by inserting a copy of Airworthiness Limitation Number 28-AWL-ACT, 
``Engine and APU Fuel Shutoff Valve (Fuel Spar Valve) Actuator 
Test,'' into the maintenance or inspection program, as applicable. 
For the airplanes identified in the applicability note of 
Airworthiness Limitation Number 28-AWL-ACT, ``Engine and APU Fuel 
Shutoff Valve (Fuel Spar Valve) Actuator Test,'' the initial 
compliance time for accomplishing the actions specified in figure 1 
to paragraph (g) of this AD is within 10 days after accomplishment 
of the maintenance or inspection program revision, as applicable, 
required by this paragraph. When the engine and APU fuel shutoff 
valve actuators have been replaced as required by paragraph (i) of 
this AD, the Airworthiness Limitation Number 28-AWL-ACT, ``Engine 
and APU Fuel Shutoff Valve (Fuel Spar Valve) Actuator Test,'' 
required by this paragraph may be removed from the maintenance or 
inspection program, as applicable.

     Figure 1 to Paragraph (g) of This AD: Engine and APU Fuel Shutoff Valve (Fuel Spar Valve) Actuator Test
----------------------------------------------------------------------------------------------------------------
          AWL No.                Task            Interval            Applicability            Description
----------------------------------------------------------------------------------------------------------------
28-AWL-ACT................  ALI..........  10 DAYS.............  ALL.................  Engine and APU Fuel
                                                                                        Shutoff Valve (Fuel Spar
                                                                                        Valve) Actuator Test
                                           INTERVAL NOTE: Not    APPLICABILITY NOTE:   Concern: The fuel spar
                                            required on days      This AWL applies to   valve actuator design
                                            when the airplane     airplanes with        can result in airplanes
                                            is not operated.      Eaton Aerospace       operating with a failed
                                            The test must be      Ltd. fuel spar        fuel spar valve actuator
                                            done before further   valve actuators       that is not reported. A
                                            flight if it has      having part number    latently failed fuel
                                            been 10 or more       53-0037 installed     spar valve actuator
                                            calendar days since   at the engine or      would prevent fuel
                                            the last inspection.  APU fuel shutoff      shutoff to an engine or
                                                                  valve location.       APU. In the event of
                                                                                        certain engine or APU
                                                                                        fires, the potential
                                                                                        exists for an engine or
                                                                                        APU fire to be
                                                                                        uncontrollable.
                                                                                       Perform the following
                                                                                        tests in accordance with
                                                                                        Boeing Service Bulletin
                                                                                        B787-81205-SB280015-00,
                                                                                        Issue 002, dated June
                                                                                        19, 2014.
                                                                                       1. Do PART 1: ENGINE FUEL
                                                                                        SPAR VALVE ACTUATOR TEST
                                                                                        as described in Boeing
                                                                                        Service Bulletin B787-
                                                                                        81205-SB280015-00, Issue
                                                                                        002, dated June 19,
                                                                                        2014.
                                                                                          a. If the left engine
                                                                                           fuel spar valve
                                                                                           actuator has part
                                                                                           number 53-0037,
                                                                                           perform the left
                                                                                           engine fuel spar
                                                                                           valve actuator test.
                                                                                          b. If the right engine
                                                                                           fuel spar valve
                                                                                           actuator has part
                                                                                           number 53-0037,
                                                                                           perform the right
                                                                                           engine fuel spar
                                                                                           valve actuator test.
                                                                                          c. If either test
                                                                                           fails, repair faults
                                                                                           as required (refer to
                                                                                           Boeing Airplane
                                                                                           Maintenance Manual 28-
                                                                                           22-02).
                                                                                       2. Do PART 2: APU FUEL
                                                                                        SPAR VALVE ACTUATOR TEST
                                                                                        as described in Boeing
                                                                                        Service Bulletin B787-
                                                                                        81205-SB280015-00, Issue
                                                                                        002, dated June 19,
                                                                                        2014.
                                                                                          a. If the APU fuel
                                                                                           spar valve actuator
                                                                                           has part number 53-
                                                                                           0037, perform the APU
                                                                                           fuel spar valve
                                                                                           actuator test.
                                                                                          b. If the test fails,
                                                                                           before further flight
                                                                                           requiring APU
                                                                                           availability, repair
                                                                                           faults as required
                                                                                           (refer to Boeing
                                                                                           Airplane Maintenance
                                                                                           Manual 28-25-03).
                                                                                       NOTE: Dispatch may be
                                                                                        permitted per MMEL 28-25-
                                                                                        03 if the APU is not
                                                                                        required for flight.
----------------------------------------------------------------------------------------------------------------

[[Page 58361]]

(h) No Alternative Actions and Intervals

    Except as specified in paragraph (i) of this AD: After 
accomplishment of the maintenance or inspection program revision 
required by paragraph (g) of this AD, no alternative actions (e.g., 
inspections) or intervals may be used unless the actions or 
intervals are approved as an alternative method of compliance (AMOC) 
in accordance with the procedures specified in paragraph (k) of this 
AD.

(i) Replacement

    Within 36 months after the effective date of this AD, replace 
the engine and APU fuel shutoff valve actuators having part number 
(P/N) 53-0037 with P/N 53-0049, in accordance with Part 5 or Part 6, 
as applicable, of the Accomplishment Instructions of Boeing Service 
Bulletin B787-81205-SB280015-00, Issue 002, dated June 19, 2014. 
When all the engine and APU fuel shutoff valve actuators have been 
replaced as required by this paragraph, Airworthiness Limitation 
Number 28-AWL-ACT, ``Engine and APU Spar Valve Actuator Test,'' 
required by paragraph (g) of this AD may be removed from the 
maintenance or inspection program, as applicable.

(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install on 
any airplane a motor-operated valve actuator having P/N 53-0037 in 
the engine or APU fuel shutoff valve location.

(k) 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 (l) of this AD. 
Information may 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) For service information that contains steps that are labeled 
as Required for Compliance (RC), the provisions of paragraphs 
(k)(3)(i) and (k)(3)(ii) 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. 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.

(l) Related Information

    For more information about this AD, contact Rebel Nichols, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 
98057-3356; phone: 425-917-6509; fax: 425-917-6590; email: 
Rebel.Nichols@faa.gov.

(m) 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 Service Bulletin B787-81205-SB280015-00, Issue 002, 
dated June 19, 2014.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; 
telephone 206-544-5000, extension 1; fax 206-766-5680; 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 September 15, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-24145 Filed 9-28-15; 8:45 am]
 BILLING CODE 4910-13-P
```