Airworthiness Directives; The Boeing Company Airplanes, 16237-16239 [2020-06092]
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Federal Register / Vol. 85, No. 56 / Monday, March 23, 2020 / Rules and Regulations
1828(n), 1828(o), 1831o, 1835, 3907, 3909,
4808; 5371; 5412; Pub. L. 102–233, 105 Stat.
1761, 1789, 1790 (12 U.S.C. 1831n note); Pub.
L. 102–242, 105 Stat. 2236, 2355, as amended
by Pub. L. 103–325, 108 Stat. 2160, 2233 (12
U.S.C. 1828 note); Pub. L. 102–242, 105 Stat.
2236, 2386, as amended by Pub. L. 102–550,
106 Stat. 3672, 4089 (12 U.S.C. 1828 note);
Pub. L. 111–203, 124 Stat. 1376, 1887 (15
U.S.C. 78o–7 note).
[Docket No. FAA–2020–0205; Product
Identifier 2020–NM–024–AD; Amendment
39–19883; AD 2020–06–14]
The FAA is adopting a new
airworthiness directive (AD) for all The
Boeing Company Model 787–8, 787–9,
and 787–10 airplanes. This AD requires
repetitive cycling of the airplane
electrical power. This AD was prompted
by a report that the stale-data
monitoring function of the common core
system (CCS) may be lost when
continuously powered on for 51 days.
This could lead to undetected or
unannunciated loss of common data
network (CDN) message age validation,
combined with a CDN switch failure.
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective April 7,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 7, 2020.
The FAA must receive comments on
this AD by May 7, 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.
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 Standards Branch,
2200 South 216th St., Des Moines, WA.
For information on the availability of
this material at the FAA, call 206–231–
3195. It is also available on the internet
at https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–0205.
RIN 2120–AA64
Examining the AD Docket
Subpart G—Transition Provisions
■
6. Add § 324.302 to read as follows:
§ 324.302 Exposures Related the Money
Market Mutual Fund Liquidity Facility.
Notwithstanding any other section of
this part, an FDIC-supervised institution
may exclude exposures acquired
pursuant to a non-recourse loan that is
provided as part of the Money Market
Mutual Fund Liquidity Facility,
announced by the Federal Reserve on
March 18, 2020, from total leverage
exposure, average total consolidated
assets, advanced approaches total riskweighted assets, and standardized total
risk-weighted assets, as applicable.
For the purpose of this provision, an
FDIC-supervised institution’s liability
under the facility must be reduced by
the purchase price of the assets acquired
with funds advanced from the facility.
Morris R. Morgan,
First Deputy Comptroller, Comptroller of the
Currency.
By order of the Board of Governors of the
Federal Reserve System.
Ann E. Misback,
Secretary of the Board.
Federal Deposit Insurance Corporation.
By order of the Board of Directors.
Dated at Washington, DC, on March 19,
2020.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2020–06156 Filed 3–19–20; 3:00 pm]
BILLING CODE 6210–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
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14 CFR Part 39
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
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SUMMARY:
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0205; 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,
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16237
the regulatory evaluation, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Joe
Salemeh, Aerospace Engineer, Systems
and Equipment Section, FAA, Seattle
ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3536; email: joe.salameh@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA has received a report
indicating that the stale-data monitoring
function of CCS may be lost when
continuously powered on for 51 days.
This could lead to undetected or
unannunciated loss of CDN message age
validation, combined with a CDN
switch failure. The CDN handles all the
flight-critical data (including airspeed,
altitude, attitude, and engine operation),
and several potentially catastrophic
failure scenarios can result from this
situation. Potential consequences
include:
• Display of misleading primary
attitude data for both pilots.
• Display of misleading altitude on
both pilots’ primary flight displays
(PFDs).
• Display of misleading airspeed data
on both pilots’ PFDs, without
annunciation of failure, coupled with
the loss of stall warning, or over-speed
warning.
• Display of misleading engine
operating indications on both engines.
The potential loss of the stale-data
monitoring function of the CCS when
continuously powered on for 51 days, if
not addressed, could result in erroneous
flight-critical data being routed and
displayed as valid data, which could
reduce the ability of the flightcrew to
maintain the safe flight and landing of
the airplane.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Alert
Service Bulletin B787–81205–
SB420045–00, Issue 002, dated February
14, 2020. The service information
describes procedures for repetitive
cycling of the airplane electrical power.
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
The FAA is issuing this AD because
the agency evaluated all the relevant
information and determined the unsafe
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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 identified as ‘‘RC’’ (required for
compliance) in the Accomplishment
Instructions of Boeing Alert Service
Bulletin B787–81205–SB420045–00,
Issue 002, dated February 14, 2020,
described previously, except for any
differences identified as exceptions in
the regulatory text of this AD.
For information on the procedures
and compliance times, see this service
information at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0205.
Interim Action
The FAA considers this AD interim
action. If final action is later identified,
the FAA might consider further
rulemaking then.
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
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 stale-
data monitoring function of the CCS
may be lost when continuously powered
on for 51 days. This could lead to
undetected or unannunciated loss of
CDN message age validation, combined
with a CDN switch failure. This
condition, if not addressed, could result
in erroneous flight-critical data being
routed and displayed as valid data,
which could reduce the ability of the
flightcrew to maintain the safe flight
and landing of the airplane. Given the
significance of the risk presented by this
unsafe condition, the unsafe condition
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–2020–0205 and Product
Identifier 2020–NM–024–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 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 Joe Salemeh,
Aerospace Engineer, Systems and
Equipment Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3536; email: joe.salameh@faa.gov.
Any commentary that the FAA receives
that 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
The FAA estimates that this AD
affects 196 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS
Action
Labor cost
Parts cost
Cost per product
Power cycling ....................
1 work-hour × $85 per hour = $85 per
cycle.
$0
$85 per cycle ....................
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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:
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16:09 Mar 20, 2020
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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
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Cost on U.S. operators
$16,660 per cycle.
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
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Federal Register / Vol. 85, No. 56 / Monday, March 23, 2020 / Rules and Regulations
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:
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2020–06–14 The Boeing Company:
Amendment 39–19883; Docket No.
FAA–2020–0205; Product Identifier
2020–NM–024–AD.
(a) Effective Date
This AD is effective April 7, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing
Company Model 787–8, 787–9, and 787–10
airplanes, certificated in any category.
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(d) Subject
Air Transport Association (ATA) of
America Code 42, Integrated Modular
Avionics.
(e) Unsafe Condition
This AD was prompted by a report that the
stale-data monitoring function of the
common core system (CCS) may be lost when
continuously powered on for 51 days. This
could lead to undetected or unannunciated
VerDate Sep<11>2014
16:09 Mar 20, 2020
Jkt 250001
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Except as specified by paragraph (h) of this
AD: At the applicable times specified in
paragraph 5., ‘‘Compliance,’’ of Boeing Alert
Service Bulletin B787–81205–SB420045–00,
Issue 002, dated February 14, 2020, do all
applicable actions identified as ‘‘RC’’
(required for compliance) in, and in
accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin
B787–81205–SB420045–00, Issue 002, dated
February 14, 2020.
(h) Exception to Service Information
Specifications
Where Boeing Alert Service Bulletin B787–
81205–SB420045–00, Issue 002, dated
February 14, 2020, uses the phrase ‘‘the Issue
2 date of this service bulletin,’’ this AD
requires using ‘‘the effective date of this AD.’’
(i) Credit for Previous Actions
This paragraph provides credit for the
actions specified in paragraph (g) of this AD,
if those actions were performed before the
effective date of this AD using Boeing Alert
Service Bulletin B787–81205–SB420045–00,
Issue 001, dated January 28, 2020.
PART 39—AIRWORTHINESS
DIRECTIVES
§ 39.13
loss of common data network (CDN) message
age validation, combined with a CDN switch
failure. The FAA is issuing this AD to
address this condition, which could result in
erroneous flight-critical data being routed
and displayed as valid data, and could
reduce the ability of the flightcrew to
maintain the safe flight and landing of the
airplane.
(j) 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 (k)(1) of
this AD. Information may be emailed to: 9ANM-Seattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing 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.
(4) For service information that contains
steps that are labeled as RC, the provisions
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16239
of paragraphs (j)(4)(i) and (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 substep is
labeled ‘‘RC Exempt,’’ then the RC
requirement is removed from that step or
substep. 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.
(k) Related Information
(1) For more information about this AD,
contact Joe Salemeh, Aerospace Engineer,
Systems and Equipment Section, FAA,
Seattle ACO Branch, 2200 South 216th St.,
Des Moines, WA 98198; phone and fax: 206–
231–3536; email: joe.salameh@faa.gov.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (l)(3) and (4) of this AD.
(l) 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–SB420045–00, Issue 002, dated
February 14, 2020.
(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 Standards Branch,
2200 South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
(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,
email fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on March 17, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–06092 Filed 3–18–20; 4:15 pm]
BILLING CODE 4910–13–P
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Agencies
[Federal Register Volume 85, Number 56 (Monday, March 23, 2020)]
[Rules and Regulations]
[Pages 16237-16239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06092]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0205; Product Identifier 2020-NM-024-AD; Amendment
39-19883; AD 2020-06-14]
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 all
The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. This AD
requires repetitive cycling of the airplane electrical power. This AD
was prompted by a report that the stale-data monitoring function of the
common core system (CCS) may be lost when continuously powered on for
51 days. This could lead to undetected or unannunciated loss of common
data network (CDN) message age validation, combined with a CDN switch
failure. The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective April 7, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 7,
2020.
The FAA must receive comments on this AD by May 7, 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.
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
Standards Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call 206-231-3195. It
is also available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0205.
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-
0205; 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 is listed
above. Comments will be available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Joe Salemeh, Aerospace Engineer,
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198; phone and fax: 206-231-3536; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The FAA has received a report indicating that the stale-data
monitoring function of CCS may be lost when continuously powered on for
51 days. This could lead to undetected or unannunciated loss of CDN
message age validation, combined with a CDN switch failure. The CDN
handles all the flight-critical data (including airspeed, altitude,
attitude, and engine operation), and several potentially catastrophic
failure scenarios can result from this situation. Potential
consequences include:
Display of misleading primary attitude data for both
pilots.
Display of misleading altitude on both pilots' primary
flight displays (PFDs).
Display of misleading airspeed data on both pilots' PFDs,
without annunciation of failure, coupled with the loss of stall
warning, or over-speed warning.
Display of misleading engine operating indications on both
engines.
The potential loss of the stale-data monitoring function of the CCS
when continuously powered on for 51 days, if not addressed, could
result in erroneous flight-critical data being routed and displayed as
valid data, which could reduce the ability of the flightcrew to
maintain the safe flight and landing of the airplane.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Service Bulletin B787-81205-SB420045-
00, Issue 002, dated February 14, 2020. The service information
describes procedures for repetitive cycling of the airplane electrical
power. 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
The FAA is issuing this AD because the agency evaluated all the
relevant information and determined the unsafe
[[Page 16238]]
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 identified as ``RC''
(required for compliance) in the Accomplishment Instructions of Boeing
Alert Service Bulletin B787-81205-SB420045-00, Issue 002, dated
February 14, 2020, described previously, except for any differences
identified as exceptions in the regulatory text of this AD.
For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-0205.
Interim Action
The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.
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
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 stale-
data monitoring function of the CCS may be lost when continuously
powered on for 51 days. This could lead to undetected or unannunciated
loss of CDN message age validation, combined with a CDN switch failure.
This condition, if not addressed, could result in erroneous flight-
critical data being routed and displayed as valid data, which could
reduce the ability of the flightcrew to maintain the safe flight and
landing of the airplane. Given the significance of the risk presented
by this unsafe condition, the unsafe condition 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-
0205 and Product Identifier 2020-NM-024-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 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 Joe Salemeh, Aerospace Engineer, Systems and Equipment Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3536; email: [email protected]. Any commentary
that the FAA receives that 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
The FAA estimates that this AD affects 196 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Power cycling................... 1 work-hour x $85 $0 $85 per cycle...... $16,660 per cycle.
per hour = $85 per
cycle.
----------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.
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
[[Page 16239]]
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.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2020-06-14 The Boeing Company: Amendment 39-19883; Docket No. FAA-
2020-0205; Product Identifier 2020-NM-024-AD.
(a) Effective Date
This AD is effective April 7, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing Company Model 787-8, 787-9,
and 787-10 airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 42, Integrated
Modular Avionics.
(e) Unsafe Condition
This AD was prompted by a report that the stale-data monitoring
function of the common core system (CCS) may be lost when
continuously powered on for 51 days. This could lead to undetected
or unannunciated loss of common data network (CDN) message age
validation, combined with a CDN switch failure. The FAA is issuing
this AD to address this condition, which could result in erroneous
flight-critical data being routed and displayed as valid data, and
could reduce the ability of the flightcrew to maintain the safe
flight and landing of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified by paragraph (h) of this AD: At the
applicable times specified in paragraph 5., ``Compliance,'' of
Boeing Alert Service Bulletin B787-81205-SB420045-00, Issue 002,
dated February 14, 2020, do all applicable actions identified as
``RC'' (required for compliance) in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Service Bulletin B787-
81205-SB420045-00, Issue 002, dated February 14, 2020.
(h) Exception to Service Information Specifications
Where Boeing Alert Service Bulletin B787-81205-SB420045-00,
Issue 002, dated February 14, 2020, uses the phrase ``the Issue 2
date of this service bulletin,'' this AD requires using ``the
effective date of this AD.''
(i) Credit for Previous Actions
This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin B787-
81205-SB420045-00, Issue 001, dated January 28, 2020.
(j) 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 (k)(1) 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.
(4) For service information that contains steps that are labeled
as RC, the provisions of paragraphs (j)(4)(i) and (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 substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. 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.
(k) Related Information
(1) For more information about this AD, contact Joe Salemeh,
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax:
206-231-3536; email: [email protected].
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(3) and (4) of this AD.
(l) 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-SB420045-00, Issue
002, dated February 14, 2020.
(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
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
(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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on March 17, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-06092 Filed 3-18-20; 4:15 pm]
BILLING CODE 4910-13-P