Airworthiness Directives; The Boeing Company Airplanes, 8717-8722 [2020-03195]
Download as PDF
8717
Rules and Regulations
Federal Register
Vol. 85, No. 32
Tuesday, February 18, 2020
Federal Aviation Administration
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
14 CFR Part 39
Examining the AD Docket
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF TRANSPORTATION
[Docket No. FAA–2020–0098; Product
Identifier 2020–NM–011–AD; Amendment
39–19844; AD 2020–03–20]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
The Boeing Company Model MD–11,
MD–11F, and 717–200 airplanes, all
Model 737–8 and 737–9 airplanes, all
Model 737–600, –700, –700C, –800,
–900, and –900ER series airplanes,
certain Model 747–400 and 747–400F
series airplanes, certain Model 757 and
767 airplanes, and all Model 777
airplanes. This AD requires revising the
existing airplane flight manual (AFM) to
include a limitation to prohibit
operations that require less than 0.3
required navigational performance
(RNP) within a specified area for
airplanes having a certain multi-mode
receiver (MMR) with certain software
installed. This AD was prompted by
reports of the loss of global positioning
system (GPS) data or degraded GPS
positional accuracy while using a
certain MMR. The FAA is issuing this
AD to address the unsafe condition on
these products.
DATES: This AD is effective February 18,
2020.
The FAA must receive comments on
this AD by April 3, 2020.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
lotter on DSKBCFDHB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:30 Feb 14, 2020
Jkt 250001
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0098; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
the regulatory evaluation, any
comments received, and other
information. The street address for
Docket Operations (phone: 800–647–
5527) is listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
David Sumner, Aerospace Engineer,
Systems and Equipment Section, FAA,
Seattle ACO Branch, 2200 South 216th
St., Des Moines, WA 98198; phone and
fax: 206–231–3538; email:
david.sumner@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
In December 2019, the FAA received
reports of the loss of GPS data or
degraded GPS positional accuracy while
using a certain MMR with certain
software installed. An investigation
determined that within a certain region
of the world, operational software
(OPS), number COL4D–0087–0002,
COL4E–0087–0001, COL48–0087–0700,
or COL49–0087–0701, if installed on
Collins GLU–2100 MMR, part number
(P/N) 822–2532–100, could result in a
GPS positional error. The affected area
occurs in a funnel shaped region of the
world that mainly extends +/¥ 20
degrees on either side of 180 degrees
West Longitude, and encompasses the
Northern Hemisphere to 10 degrees
Latitude in the Southern Hemisphere.
When an airplane is within this affected
region, the software should map the
computed ionospheric pierce point (IPP)
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
to the correct hemisphere, but the
software is not doing that. The
consequences of the GPS error are:
• An annunciated loss of GPS output,
where the Global Navigation Satellite
System (GNSS) bus becomes inactive
anywhere from a few seconds to up to
40 minutes.
• Un-annunciated reduced positional
accuracy in the affected region when the
Satellite-Based Augmentation System
(SBAS) ionosphere corrections are
improperly applied. The positional error
will be bounded to 0.3 nautical miles,
but may not be bounded by the
horizontal protection level (HPL) that is
output by the GNSS.
This improper mapping within the
OPS, if not addressed, could, during a
high-precision approach with a GPS
error, result in controlled flight into
terrain.
FAA’s Determination
The FAA is issuing this AD because
the agency 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 revising the existing
airplane flight manual to include a
limitation to prohibit operations that
require less than 0.3 RNP within a
specified area for airplanes having a
certain MMR with certain software
installed.
Interim Action
The FAA considers this AD interim
action. Collins is currently developing a
software update that will further
address the unsafe condition identified
in this AD. Once this software update is
developed, approved, and available, the
FAA might consider additional
rulemaking.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense
with notice and comment procedures
for rules when the agency, for ‘‘good
cause,’’ finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under this
section, an agency, upon finding good
cause, may issue a final rule without
seeking comment prior to the
E:\FR\FM\18FER1.SGM
18FER1
8718
Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations
rulemaking. Similarly, Section 553(d) of
the APA authorizes agencies to make
rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies foregoing notice
and comment prior to adoption of this
rule because, as described in the
Discussion section of this AD, the loss
of GPS data, or degraded GPS positional
accuracy, during a high-precision
approach with a GPS positional error,
could result in controlled flight into
terrain. Given the significance of the
risk presented by this unsafe condition,
it must be immediately addressed.
Accordingly, notice and opportunity
for prior public comment are
impracticable and contrary to the public
interest pursuant to 5 U.S.C.
553(b)(3)(B). In addition, for the reasons
stated above, the FAA finds that good
cause exists pursuant to 5 U.S.C. 553(d)
for making this amendment effective in
less than 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety and
was not preceded by notice and an
opportunity for public comment.
However, the FAA invites you to send
any written data, views, or arguments
about this final rule. Send your
comments to an address listed under the
ADDRESSES section. Include the docket
number FAA–2020–0098 and Product
Identifier 2020–NM–011–AD at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
this final rule. The FAA will consider
all comments received by the closing
date and may amend this final rule
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact the agency receives about this
final rule.
Confidential Business Information
Confidential Business Information
(CBI) is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this AD contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this AD,
it is important that you clearly designate
the submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
will treat such marked submissions as
confidential under the FOIA, and they
will not be placed in the public docket
of this AD. Submissions containing CBI
should be sent to David Sumner,
Aerospace Engineer, Systems and
Equipment Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3538; email: david.sumner@
faa.gov. Any commentary that the FAA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not
apply when an agency finds good cause
pursuant to 5 U.S.C. 553 to adopt a rule
without prior notice and comment.
Because the FAA has determined that it
has good cause to adopt this rule
without notice and comment, RFA
analysis is not required.
Costs of Compliance
Although the FAA estimates the
number of airplanes identified in the
applicability of this AD as 3,200
airplanes of U.S. registry, the AFM
revision specified in this AD is required
only for the airplanes having a
configuration identified in paragraph (g)
of this AD. The FAA estimates that 409
airplanes of U.S. registry are affected by
the AFM revision specified in paragraph
(g) of this AD.
The FAA estimates the following
costs to comply with this AD:
lotter on DSKBCFDHB2PROD with RULES
ESTIMATED COSTS
Action
Labor cost
AFM revision ...................................................
1 work-hour × $85 per hour = $85 .................
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.
The FAA is 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
VerDate Sep<11>2014
16:30 Feb 14, 2020
Jkt 250001
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,
and
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Cost per
product
Parts cost
$0
Cost on U.S.
operators
$85
$34,765
(2) Will not affect intrastate aviation
in Alaska.
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
E:\FR\FM\18FER1.SGM
18FER1
Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2020–03–20 The Boeing Company:
Amendment 39–19844; Docket No.
FAA–2020–0098; Product Identifier
2020–NM–011–AD.
(a) Effective Date
(5) Model 747–400 and 747–400F series
airplanes modified by STC ST01892WI.
(6) Model 757–200, –200PF, –200CB, and
–300 series airplanes modified by STC
ST04436AT.
(7) Model 767–200, –300, –300F, –400ER,
and –2C series airplanes modified by STC
ST04436AT or ST01883WI.
(8) All Model 777–200, –200LR, –300, and
–300ER series airplanes.
(9) All Model 777F series airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 34, Navigation.
This AD is effective February 18, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
airplanes, certificated in any category, as
identified in paragraphs (c)(1) through (9) of
this AD.
(1) Model MD–11 and MD–11F airplanes
modified by supplemental type certificate
(STC) ST01895WI.
(2) Model 717–200 airplanes modified by
STC ST04416AT.
(3) All Model 737–8 and 737–9 airplanes.
(4) All Model 737–600, –700, –700C, –800,
–900, and –900ER series airplanes.
(e) Unsafe Condition
This AD was prompted by reports of the
loss of global positioning system (GPS) data
or degraded GPS positional accuracy while
using a certain multi-mode receiver (MMR).
The FAA is issuing this AD to address the
loss of GPS data and degraded GPS positional
accuracy, which, during a high-precision
approach with this GPS error, could result in
controlled flight into terrain.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
8719
(g) Airplane Flight Manual (AFM) Revision
For airplanes equipped with Collins GLU–
2100 MMR, part number (P/N) 822–2532–
100, having any applicable GLU–2100
operational software (OPS) identified in
figure 1 to paragraph (g) of this AD installed:
At the applicable time specified in
paragraphs (g)(1) and (2) of this AD, revise
the limitations or certificate limitations
section, as applicable, of the existing AFM to
include the information specified in figure 2
to paragraph (g) of this AD and revise the
procedures or normal procedures section, as
applicable, of the existing AFM to include
the information specified in figure 3 to
paragraph (g) of this AD. This may be done
by inserting a copy of figures 2 and 3 to
paragraph (g) of this AD into the existing
AFM.
(1) For Model 737–8 and 737–9 airplanes:
Before further flight.
(2) For all airplanes except Model 737–8
and 737–9 airplanes: Within 7 days after the
effective date of this AD.
BILLING CODE 4910–13–P
VerDate Sep<11>2014
Airplanes
OPS Software Number
Model 777-200, 777-200LR, 777-300,
777-300ER, and 777F series airplanes
Model 737-600, 737-700, 737-700C,
737-800, 737-900, and 737-900ER series
airplanes; and Model 737-8, and 737-9
airplanes
All airplanes
Model MD-11, MD-1 lF, and 717-200
airplanes; and Model 737-600, 737-700,
737-700C, 737-800, 737-900, 737-900ER,
747-400F, 747-400, 757-200, 757-200PF,
757-200CB, 757-300, 767-200, 767-300,
767-300F, 767-400ER, 767-2C, 777-200,
777-200LR, 777-300, 777-300ER, and
777F series airplanes
COL4 D-0087-0002
16:30 Feb 14, 2020
Jkt 250001
PO 00000
Frm 00003
Fmt 4700
COL4E-0087-0001
COL48-0087-0700
COL49-0087-0701
Sfmt 4725
E:\FR\FM\18FER1.SGM
18FER1
ER18FE20.054
lotter on DSKBCFDHB2PROD with RULES
Figure 1 to paragraph (g) -Affected OPS software
8720
Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations
Figure 2 to paragraph (g) -AFM - Limitations or Certificate Limitations
Electronics-Global Landing Unit (GLU)
(Required by AD 2020-03-20)
Operations that require less than 0.3 RNP (For example, 0.1, 0.11, 0.15, etc.) in the region
identified below are prohibited with GLU-2100 OPS software number COL4D-0087-0002,
COL4E-0087-0001, COL48-0087-0700, or COL49-0087-0701 installed.
Exception: Anchorage (PANC) approach procedures that allow less than RNP 0.3 are
authorized provided the instructions outlined in the Electronics - Global Landing Unit
Section of Normal Procedures Chapter are followed.
Note: Currently, Fairbanks (PAFA) and Anchorage (PANC) are the only airports in the
region with an RNP approach that requires better than 0.3 nmi performance.
VerDate Sep<11>2014
Latitude Range (degrees)
Longitude Range (degrees)
80Nto 70N
40Eto 40 W
70Nto 69N
134.5 E to 134.38 W
69Nto 68 N
134.5 E to 137.28 W
68 Nto 67N
134.5 E to 139.50 W
67Nto 66N
134.5 E to 141.58 W
66Nto 65 N
134.5 E to 144.23 W
65Nto 64 N
134.5 E to 145.48 W
64 Nto 63 N
134.5 E to 146.44 W
63 Nto 62 N
134.5 E to 148.33 W
62 Nto 61 N
134.5 E to 149.50 W
61 Nto 60N
134.5 E to 150.35 W
60Nto 59N
134.5 E to 151.00 W
59Nto 58 N
134.5 E to 151.40 W
58 Nto 57N
134.5 E to 152.62 W
57Nto 56N
134.5 E to 153.42 W
56Nto 30N
154 E to 154 W
30Nto 5N
163 E to 163 W
5Nto10S
166 E to 166 W
10 S to 15 S
170Eto 170W
16:30 Feb 14, 2020
Jkt 250001
PO 00000
Frm 00004
Fmt 4700
Sfmt 4725
E:\FR\FM\18FER1.SGM
18FER1
ER18FE20.055
lotter on DSKBCFDHB2PROD with RULES
Region bounded by the following coordinates:
Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations
8721
Figure 2 to paragraph (g) -AFM - Limitations or Certificate Limitations continued
lallude(~)
~~
8
0
;
0
~
0
g
g
s
g
~
g
,--------,---:.;,,t--.,,,,._,r;#""_-r-_--,---.--.---------.---------,--..,~"''"'-·•
~
...g:
--- -~---~
~-~:..
""'
j:
....
s
....
I
~
0
....
QIJ
0
.
:.0 -
,,
i§•
(i
.:.
-u
0
...'
....:..
~
0
0
!..
g
!
a
a
...
8
,~,,,_,
l
•t•••n
8
i
VerDate Sep<11>2014
16:30 Feb 14, 2020
Jkt 250001
PO 00000
Frm 00005
Fmt 4700
Sfmt 4725
E:\FR\FM\18FER1.SGM
18FER1
ER18FE20.056
lotter on DSKBCFDHB2PROD with RULES
~
8722
Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations
Figure 3 to paragraph (g) -AFM - Procedures or Normal Procedures
Electronics-Global Landing Unit (GLU)
(Required by AD 2020-03-20)
To conduct an approach procedure with GLU-2100 OPS software number COL4D-0087-0002,
COL4E-0087-0001, COL48-0087-0700, or COL49-0087-0701, installed at Anchorage (PANC)
with less than 0.3 RNP, accomplish the following prior to dispatch in accordance with AC
90-l0lA:
Perform a RNP GPS prediction to ensure the predicted availability of GPS Horizontal
Integrity Limit (HIL) is less than MAX HIL for the planned operation time frame at
Anchorage (PANC).
MAX HIL = 1.8 (RNP - 0.0726 nm) for LNAV with A/P engaged
MAX HIL = 1.8 (RNP - 0.0926 nm) for LNAV with FID
(h) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle ACO Branch,
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
certification office, send it to the attention of
the person identified in paragraph (i) of this
AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Seattle ACO Branch, FAA, 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.
lotter on DSKBCFDHB2PROD with RULES
(i) Related Information
For more information about this AD,
contact David Sumner, Aerospace Engineer,
Systems and Equipment Section, FAA,
Seattle ACO Branch, 2200 South 216th St.,
Des Moines, WA 98198; phone and fax: 206–
231–3538; email: david.sumner@faa.gov.
(j) Material Incorporated by Reference
None.
VerDate Sep<11>2014
16:30 Feb 14, 2020
Jkt 250001
Issued on February 12, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–03195 Filed 2–13–20; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 744 and 762
[Docket No. 200211–0051]
RIN 0694–AH97
Temporary General License: Extension
of Validity
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
The U.S. Government has
decided to extend through April 1,
2020, the temporary general license to
Huawei Technologies Co., Ltd. (Huawei)
and one hundred and fourteen of its
non-U.S. affiliates on the Entity List. In
order to implement this decision, this
final rule revises the temporary general
license to remove the expiration date of
February 16, 2020, and substitute the
date of April 1, 2020.
DATES: This rule is effective February
13, 2020, through April 1, 2020, except
for amendatory instructions 1 and 3,
which are effective February 13, 2020.
FOR FURTHER INFORMATION CONTACT:
Director, Office of Exporter Services,
Bureau of Industry and Security,
Department of Commerce, Phone: (949)
SUMMARY:
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
660–0144 or (408) 998–8806 or email
your inquiry to: ECDOEXS@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
As published on May 22, 2019 (84 FR
23468) and extended and amended
through a final rule published on
August 21, 2019 (84 FR 43487), this
temporary general license authorizes
certain activities, including those
necessary for the continued operations
of existing networks and equipment as
well as the support of existing mobile
services, including cybersecurity
research critical to maintaining the
integrity and reliability of existing and
fully operational networks and
equipment. Exporters, reexporters, and
transferors are required to maintain
certifications and other records, to be
made available when requested by BIS,
regarding their use of the temporary
general license. The expiration date was
again updated through February 16,
2020 (84 FR 64018, Nov. 20, 2019).
As published on May 22, 2019 (84 FR
22961), and as revised and clarified by
a final rule published on August 21,
2019 (84 FR 43493), any exports,
reexports, or in-country transfers of
items subject to the EAR to any of the
listed Huawei entities as of the effective
date they were added to the Entity List
continue to require a license, with the
exception of transactions explicitly
authorized by the temporary general
license and eligible for export, reexport,
or transfer (in-country) prior to May 16,
2019 without a license or under a
license exception. License applications
will continue to be reviewed under a
presumption of denial, as stated in the
Entity List entries for the listed Huawei
E:\FR\FM\18FER1.SGM
18FER1
ER18FE20.057
BILLING CODE 4910–13–C
Agencies
[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Rules and Regulations]
[Pages 8717-8722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03195]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 /
Rules and Regulations
[[Page 8717]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0098; Product Identifier 2020-NM-011-AD; Amendment
39-19844; AD 2020-03-20]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model MD-11, MD-11F, and 717-200 airplanes,
all Model 737-8 and 737-9 airplanes, all Model 737-600, -700, -700C, -
800, -900, and -900ER series airplanes, certain Model 747-400 and 747-
400F series airplanes, certain Model 757 and 767 airplanes, and all
Model 777 airplanes. This AD requires revising the existing airplane
flight manual (AFM) to include a limitation to prohibit operations that
require less than 0.3 required navigational performance (RNP) within a
specified area for airplanes having a certain multi-mode receiver (MMR)
with certain software installed. This AD was prompted by reports of the
loss of global positioning system (GPS) data or degraded GPS positional
accuracy while using a certain MMR. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective February 18, 2020.
The FAA must receive comments on this AD by April 3, 2020.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0098; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The street address for Docket Operations (phone:
800-647-5527) is listed above. Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: David Sumner, Aerospace Engineer,
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198; phone and fax: 206-231-3538; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
In December 2019, the FAA received reports of the loss of GPS data
or degraded GPS positional accuracy while using a certain MMR with
certain software installed. An investigation determined that within a
certain region of the world, operational software (OPS), number COL4D-
0087-0002, COL4E-0087-0001, COL48-0087-0700, or COL49-0087-0701, if
installed on Collins GLU-2100 MMR, part number (P/N) 822-2532-100,
could result in a GPS positional error. The affected area occurs in a
funnel shaped region of the world that mainly extends +/- 20 degrees on
either side of 180 degrees West Longitude, and encompasses the Northern
Hemisphere to 10 degrees Latitude in the Southern Hemisphere. When an
airplane is within this affected region, the software should map the
computed ionospheric pierce point (IPP) to the correct hemisphere, but
the software is not doing that. The consequences of the GPS error are:
An annunciated loss of GPS output, where the Global
Navigation Satellite System (GNSS) bus becomes inactive anywhere from a
few seconds to up to 40 minutes.
Un-annunciated reduced positional accuracy in the affected
region when the Satellite-Based Augmentation System (SBAS) ionosphere
corrections are improperly applied. The positional error will be
bounded to 0.3 nautical miles, but may not be bounded by the horizontal
protection level (HPL) that is output by the GNSS.
This improper mapping within the OPS, if not addressed, could,
during a high-precision approach with a GPS error, result in controlled
flight into terrain.
FAA's Determination
The FAA is issuing this AD because the agency 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 revising the existing airplane flight manual to
include a limitation to prohibit operations that require less than 0.3
RNP within a specified area for airplanes having a certain MMR with
certain software installed.
Interim Action
The FAA considers this AD interim action. Collins is currently
developing a software update that will further address the unsafe
condition identified in this AD. Once this software update is
developed, approved, and available, the FAA might consider additional
rulemaking.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without seeking comment prior to the
[[Page 8718]]
rulemaking. Similarly, Section 553(d) of the APA authorizes agencies to
make rules effective in less than thirty days, upon a finding of good
cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because, as described in the Discussion section of this AD, the loss of
GPS data, or degraded GPS positional accuracy, during a high-precision
approach with a GPS positional error, could result in controlled flight
into terrain. Given the significance of the risk presented by this
unsafe condition, it must be immediately addressed.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B). In addition, for the reasons stated above, the FAA finds
that good cause exists pursuant to 5 U.S.C. 553(d) for making this
amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, the FAA invites you to send any written data, views,
or arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2020-
0098 and Product Identifier 2020-NM-011-AD at the beginning of your
comments. The FAA specifically invites comments on the overall
regulatory, economic, environmental, and energy aspects of this final
rule. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the agency receives about this final rule.
Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this AD contain commercial or financial information that is customarily
treated as private, that you actually treat as private, and that is
relevant or responsive to this AD, it is important that you clearly
designate the submitted comments as CBI. Please mark each page of your
submission containing CBI as ``PROPIN.'' The FAA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this AD. Submissions containing CBI should be
sent to David Sumner, Aerospace Engineer, Systems and Equipment
Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA
98198; phone and fax: 206-231-3538; email: [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
Although the FAA estimates the number of airplanes identified in
the applicability of this AD as 3,200 airplanes of U.S. registry, the
AFM revision specified in this AD is required only for the airplanes
having a configuration identified in paragraph (g) of this AD. The FAA
estimates that 409 airplanes of U.S. registry are affected by the AFM
revision specified in paragraph (g) of this AD.
The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
AFM revision.......................... 1 work-hour x $85 per $0 $85 $34,765
hour = $85.
----------------------------------------------------------------------------------------------------------------
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.
The FAA is 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, and
(2) Will not affect intrastate aviation in Alaska.
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 8719]]
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2020-03-20 The Boeing Company: Amendment 39-19844; Docket No. FAA-
2020-0098; Product Identifier 2020-NM-011-AD.
(a) Effective Date
This AD is effective February 18, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company airplanes, certificated in
any category, as identified in paragraphs (c)(1) through (9) of this
AD.
(1) Model MD-11 and MD-11F airplanes modified by supplemental
type certificate (STC) ST01895WI.
(2) Model 717-200 airplanes modified by STC ST04416AT.
(3) All Model 737-8 and 737-9 airplanes.
(4) All Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes.
(5) Model 747-400 and 747-400F series airplanes modified by STC
ST01892WI.
(6) Model 757-200, -200PF, -200CB, and -300 series airplanes
modified by STC ST04436AT.
(7) Model 767-200, -300, -300F, -400ER, and -2C series airplanes
modified by STC ST04436AT or ST01883WI.
(8) All Model 777-200, -200LR, -300, and -300ER series
airplanes.
(9) All Model 777F series airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Unsafe Condition
This AD was prompted by reports of the loss of global
positioning system (GPS) data or degraded GPS positional accuracy
while using a certain multi-mode receiver (MMR). The FAA is issuing
this AD to address the loss of GPS data and degraded GPS positional
accuracy, which, during a high-precision approach with this GPS
error, could result in controlled flight into terrain.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Airplane Flight Manual (AFM) Revision
For airplanes equipped with Collins GLU-2100 MMR, part number
(P/N) 822-2532-100, having any applicable GLU-2100 operational
software (OPS) identified in figure 1 to paragraph (g) of this AD
installed: At the applicable time specified in paragraphs (g)(1) and
(2) of this AD, revise the limitations or certificate limitations
section, as applicable, of the existing AFM to include the
information specified in figure 2 to paragraph (g) of this AD and
revise the procedures or normal procedures section, as applicable,
of the existing AFM to include the information specified in figure 3
to paragraph (g) of this AD. This may be done by inserting a copy of
figures 2 and 3 to paragraph (g) of this AD into the existing AFM.
(1) For Model 737-8 and 737-9 airplanes: Before further flight.
(2) For all airplanes except Model 737-8 and 737-9 airplanes:
Within 7 days after the effective date of this AD.
BILLING CODE 4910-13-P
[GRAPHIC] [TIFF OMITTED] TR18FE20.054
[[Page 8720]]
[GRAPHIC] [TIFF OMITTED] TR18FE20.055
[[Page 8721]]
[GRAPHIC] [TIFF OMITTED] TR18FE20.056
[[Page 8722]]
[GRAPHIC] [TIFF OMITTED] TR18FE20.057
BILLING CODE 4910-13-C
(h) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle ACO Branch, 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 certification office, send it to the attention of the
person identified in paragraph (i) of this AD. Information may be
emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(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 Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, 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.
(i) Related Information
For more information about this AD, contact David Sumner,
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax:
206-231-3538; email: [email protected].
(j) Material Incorporated by Reference
None.
Issued on February 12, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-03195 Filed 2-13-20; 11:15 am]
BILLING CODE 4910-13-P