Airworthiness Directives; The Boeing Company Airplanes, 77991-77994 [2020-26680]

Download as PDF Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations J. Other Comments on Specific Implementation Issues The Bureau received comments on a number of other subjects. These include comments on the structure of the Bureau’s internal deliberative process for considering advisory opinion requests; timelines for deciding advisory opinion requests; details of how the Bureau should communicate with requestors after the Bureau receives their requests, such as what the Bureau should say in the letters that it sends denying requests; general outreach that commenters recommend that the Bureau conduct with outside bodies or groups; recommendations regarding the types of requests the Bureau should prioritize; and details of how the Bureau should post advisory opinions on its website. The Bureau appreciates receiving commenters’ views on all aspects of the program. However, the Bureau has decided not to expand the scope of the Advisory Opinions Policy, which is intended to establish the general procedures of the program, to cover these specific implementation issue. Instead, the Bureau will consider these comments as it proceeds with implementation of the Advisory Opinions Policy. IV. Regulatory Requirements khammond on DSKJM1Z7X2PROD with RULES This Advisory Opinions Policy is a rule of agency organization, procedure, or practice, and it is therefore exempt from the notice-and-comment rulemaking requirements of the APA.27 For the same reason, it is not subject to the 30-day delayed effective date for substantive rules under the APA.28 Because no notice of proposed rulemaking is required, the Regulatory Flexibility Act does not require an initial or final regulatory flexibility analysis.29 The Bureau’s Advisory Opinions Proposal, published June 22, 2020, sought comment on these information collection requirements. While the Bureau received numerous comments on the Advisory Opinions Proposal, which are addressed above, the Bureau received no comments specifically regarding the burden estimates or the utility or appropriateness of these information collections. Additional details on comments received can be found in the Supporting Statement for the related 30-day notice published as required under the PRA.30 A complete description of the information collection requirements, including the burden estimate methods, is provided in the information collection request (ICR) that the Bureau submitted to OMB under the requirements of the PRA. The ICR submitted to OMB requesting approval under the PRA for the information collection requirements contained herein is available at OMB’s publicfacing docket at https:// www.reginfo.gov/public/. VI. Signing Authority The Director of the Bureau, Kathleen L. Kraninger, having reviewed and approved this document, is delegating the authority to electronically sign this document to Grace Feola, a Bureau Federal Register Liaison, for purposes of publication in the Federal Register. Dated: November 30, 2020. Grace Feola, Federal Register Liaison, Bureau of Consumer Financial Protection. [FR Doc. 2020–26661 Filed 12–2–20; 8:45 am] BILLING CODE 4810–AM–P DEPARTMENT OF TRANSPORTATION V. Paperwork Reduction Act Federal Aviation Administration The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.) requires that Federal agencies may not conduct or sponsor, and notwithstanding any other provision of law, a person is not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. The information collection requirements as contained in this final Policy and identified below have been approved by OMB and assigned the OMB control number 3170–0072. OMB’s approval will expire on November 30, 2023. 14 CFR Part 39 U.S.C. 553(b). U.S.C. 553(d). 29 5 U.S.C. 603(a), 604(a). [Docket No. FAA–2020–1031; Project Identifier AD–2020–00846–T; Amendment 39–21334; AD 2020–24–04] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: VerDate Sep<11>2014 15:55 Dec 02, 2020 The FAA is adopting a new airworthiness directive (AD) for all The SUMMARY: 30 See https://beta.regulations.gov/docket/CFPB2020-0019. Jkt 253001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 Boeing Company Model 787–8, 787–9, and 787–10 airplanes. This AD requires revising the existing airplane flight manual (AFM) to incorporate procedures for conducting an approach with a localizer-based navigation aid, monitoring localizer raw data, calling out any significant deviations, and performing an immediate go around if the airplane has not intercepted the final approach course as shown by the localizer deviation. This AD was prompted by reports that the autopilot flight director system (AFDS) failed to transition to the instrument landing system localizer (LOC) beam after the consistent localizer capture function in the flight control modules initiated a transition to capture LOC during approach. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective December 18, 2020. The FAA must receive comments on this AD by January 19, 2021. 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 service information at the FAA, Airworthiness Products Section, Operational Safety 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–2020–1031. Examining the AD Docket 27 5 28 5 77991 You may examine the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2020– 1031; or in person at Docket Operations E:\FR\FM\03DER1.SGM 03DER1 77992 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, 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: Frank Carreras, Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206–231–3539; email: frank.carreras@faa.gov. SUPPLEMENTARY INFORMATION: Discussion The FAA has received reports indicating that the AFDS failed to transition to the instrument landing system LOC beam after the consistent localizer capture function in the flight control modules initiated a transition to capture LOC during approach. This condition, if not addressed, could result in localizer overshoot leading to glideslope descent on the wrong heading. Combined with a lack of flight deck effects for a consistent localizer capture mode failure, this condition could result in a 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 AFM to incorporate procedures for conducting an approach with a localizer-based navigation aid, monitoring localizer raw data, calling out any significant deviations, and performing an immediate go around if the airplane has not intercepted the final approach course as shown by the localizer deviation. khammond on DSKJM1Z7X2PROD with RULES Interim Action The FAA considers this AD interim action. The manufacturer is currently developing a modification that will address the unsafe condition identified in this AD. Once this modification is developed, approved, and available, the FAA might consider additional rulemaking. FAA’s Justification and Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because the failure of the AFDS to transition to the instrument LOC beam, after the consistent localizer capture function in the flight control modules initiated a transition to capture LOC during approach, could result in localizer overshoot leading to glideslope descent on the wrong heading. Combined with a lack of flight deck effects for a consistent localizer capture mode failure, this condition could result in a controlled flight into terrain. In addition, the compliance time for the required action is shorter than the time necessary for the public to comment and for publication of the final rule. Therefore, the FAA finds good cause that notice and opportunity for prior public comment are impracticable. In addition, for the reasons stated above, the FAA finds that good cause exists for making this amendment effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. However, the FAA invites you to send any written comments, data, or views about this AD. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should submit only one copy of the comments. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2020–1031; Project Identifier AD– 2020–00846–T’’ at the beginning of your 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, as well as a report summarizing each substantive public contact with FAA personnel concerning this AD. The FAA will consider all comments received by the closing date for comments. The FAA may amend this AD because of those comments. 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 Frank Carreras, Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206– 231–3539; email: frank.carreras@ 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 144 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS Action Labor cost Revise the AFM .............................................. 1 work-hour × $85 per hour = $85 ................. VerDate Sep<11>2014 15:55 Dec 02, 2020 Jkt 253001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Cost per product Parts cost E:\FR\FM\03DER1.SGM $0 03DER1 $85 Cost on U.S. operators $12,240 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations 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 khammond on DSKJM1Z7X2PROD with RULES (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 responsible Flight Standards 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 15:55 Dec 02, 2020 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. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ 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: VerDate Sep<11>2014 (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, and (2) Will not affect intrastate aviation in Alaska. Jkt 253001 2020–24–04 The Boeing Company: Amendment 39–21334 ; Docket No. FAA–2020–1031; Project Identifier AD– 2020–00846–T. (a) Effective Date This AD is effective December 18, 2020. (b) Affected ADs None. 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 responsible Flight Standards 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 (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 22, Auto flight. (e) Unsafe Condition This AD was prompted by reports indicating that the autopilot flight director system (AFDS) failed to transition to the instrument landing system localizer (LOC) beam after the consistent localizer capture function in the flight control modules initiated a transition to capture LOC during approach. The FAA is issuing this AD to address the AFDS failing to transition, which could result in localizer overshoot leading to glideslope descent on the wrong heading. Combined with a lack of flight deck effects for a consistent localizer capture mode failure, this condition could result in a controlled flight into terrain. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Revise the Airplane Flight Manual (AFM) Within 14 days after the effective date of this AD, revise the limitations section of the existing AFM and applicable corresponding operational procedures to incorporate the procedures specified in figure 1 to paragraph (g) of this AD. Revising the existing AFM to include the changes specified in paragraph (g) of this AD may be done by inserting a copy of figure 1 to paragraph (g) of this AD into the existing AFM. 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 Frank Carreras, Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206– 231–3539; email: frank.carreras@faa.gov. E:\FR\FM\03DER1.SGM 03DER1 ER03DE20.000</GPH> Authority for This Rulemaking 77993 77994 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations (j) Material Incorporated by Reference None. I. Background, Purpose and Legal Basis Issued on November 13, 2020. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2020–26680 Filed 12–1–20; 11:15 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2020–0658] Drawbridge Operation Regulation; Indian Creek, Miami Beach, FL Coast Guard, DHS. Notification of temporary deviation from regulations; request for comments. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the 63rd Street Bridge across Indian Creek, mile 4.0, at Miami Beach, Florida. A request was made to place the drawbridge on a weekend operating schedule to alleviate vehicle congestion due to on demand bridge openings. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. The Coast Guard is seeking comments from the public regarding these proposed changes. DATES: This deviation is effective from 12:01 a.m. on December 14, 2020, through 11:59 p.m. on June 11, 2021. Comments and relate material must reach the Coast Guard on or before February 11, 2021. ADDRESSES: You may submit comments identified by docket number USCG– 2020–0658 using Federal eRulemaking Portal at https://www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. SUMMARY: khammond on DSKJM1Z7X2PROD with RULES FOR FURTHER INFORMATION CONTACT: If you have questions on this test deviation, call or email LT Samuel Rodriguez-Gonzalez, U.S. Coast Guard, Sector Miami Waterways Management Division; telephone 305–535–4307, email Samuel.Rodriguez-Gonzalez@ uscg.mil. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 15:55 Dec 02, 2020 Jkt 253001 The 63rd Street Bridge across Indian Creek, mile 4.0, at Miami Beach, Florida is a double-leaf bascule bridge with an 11 foot vertical clearance at mean high water in the closed position. The normal operating schedule for the bridge is set forth in 33 CFR 117.293. Navigation on the waterway is commercial and recreational. A private citizen requested the Coast Guard consider placing the drawbridge on a weekend operating schedule to alleviate vehicle congestion due to on demand bridge openings. The Coast Guard contacted the bridge owner, Florida Department of Transportation (FDOT), and requested a copy of the bridge logs for the month of August 2020. After reviewing the logs, the Coast Guard determined placing the bridge on a schedule during the weekend may alleviate vehicle congestion while maintaining the reasonable needs of navigation. This test deviation provides for scheduled opening times on Saturdays and Sundays. There will be no change to the published weekday operating schedule. Under this test deviation, from 7 a.m. to 7 p.m., the draw shall open on the hour and half-hour; except Federal Holidays and all other times, the draw shall operate on demand. From 7:10 a.m. to 9:55 a.m. and 4:05 p.m. to 6:59 p.m., Monday through Friday, except Federal Holidays, the draw need not open for the passage of vessels. In February of each year during the period seven days prior to the City of Miami Beach Yacht and Brokerage Show and the four days following the show, from 10 a.m. to 4 p.m., the bridge need not open except for 10 minutes at the top of the hour. At all other times the bridge shall operate on its normal schedule. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. II. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and submissions in response to this document, see DHS’s eRulemaking System of Records notice (85 FR 14226, March 11, 2020). Documents mentioned in this notification as being available in this docket and all public comments, will be in our online docket at https:// www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. Dated: November 23, 2020. Randall D. Overton, Director, Bridge Administration, Seventh Coast Guard District. [FR Doc. 2020–26415 Filed 12–2–20; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2020–0641] RIN 1625–AA08 Safety Zone; Lower Mississippi River, Natchez, MS Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for all navigable waters of the Lower Mississippi River between Mile Marker (MM) 364.5 and MM 365.5. This action is necessary to provide for the safety of persons, vessels, and the marine environment during a fireworks display. SUMMARY: E:\FR\FM\03DER1.SGM 03DER1

Agencies

[Federal Register Volume 85, Number 233 (Thursday, December 3, 2020)]
[Rules and Regulations]
[Pages 77991-77994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26680]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1031; Project Identifier AD-2020-00846-T; 
Amendment 39-21334; AD 2020-24-04]
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 revising the existing airplane flight manual (AFM) to 
incorporate procedures for conducting an approach with a localizer-
based navigation aid, monitoring localizer raw data, calling out any 
significant deviations, and performing an immediate go around if the 
airplane has not intercepted the final approach course as shown by the 
localizer deviation. This AD was prompted by reports that the autopilot 
flight director system (AFDS) failed to transition to the instrument 
landing system localizer (LOC) beam after the consistent localizer 
capture function in the flight control modules initiated a transition 
to capture LOC during approach. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective December 18, 2020.
    The FAA must receive comments on this AD by January 19, 2021.

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 service information at the FAA, Airworthiness Products 
Section, Operational Safety 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-
1031.

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-
1031; or in person at Docket Operations

[[Page 77992]]

between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this final rule, 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: Frank Carreras, Aerospace Engineer, 
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3539; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA has received reports indicating that the AFDS failed to 
transition to the instrument landing system LOC beam after the 
consistent localizer capture function in the flight control modules 
initiated a transition to capture LOC during approach. This condition, 
if not addressed, could result in localizer overshoot leading to 
glideslope descent on the wrong heading. Combined with a lack of flight 
deck effects for a consistent localizer capture mode failure, this 
condition could result in a 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 AFM to incorporate 
procedures for conducting an approach with a localizer-based navigation 
aid, monitoring localizer raw data, calling out any significant 
deviations, and performing an immediate go around if the airplane has 
not intercepted the final approach course as shown by the localizer 
deviation.

Interim Action

    The FAA considers this AD interim action. The manufacturer is 
currently developing a modification that will address the unsafe 
condition identified in this AD. Once this modification is developed, 
approved, and available, the FAA might consider additional rulemaking.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because the failure of the AFDS to transition to the instrument LOC 
beam, after the consistent localizer capture function in the flight 
control modules initiated a transition to capture LOC during approach, 
could result in localizer overshoot leading to glideslope descent on 
the wrong heading. Combined with a lack of flight deck effects for a 
consistent localizer capture mode failure, this condition could result 
in a controlled flight into terrain. In addition, the compliance time 
for the required action is shorter than the time necessary for the 
public to comment and for publication of the final rule. Therefore, the 
FAA finds good cause that notice and opportunity for prior public 
comment are impracticable. In addition, for the reasons stated above, 
the FAA finds that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, the FAA invites you to send any written comments, 
data, or views about this AD. The most helpful comments reference a 
specific portion of the proposal, explain the reason for any 
recommended change, and include supporting data. To ensure the docket 
does not contain duplicate comments, commenters should submit only one 
copy of the comments. Send your comments to an address listed under the 
ADDRESSES section. Include ``Docket No. FAA-2020-1031; Project 
Identifier AD-2020-00846-T'' at the beginning of your 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, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this AD. The FAA will consider all comments 
received by the closing date for comments. The FAA may amend this AD 
because of those comments.

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 Frank 
Carreras, Aerospace Engineer, Systems and Equipment Section, FAA, 
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone 
and fax: 206-231-3539; 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 144 airplanes of U.S. 
registry. 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
----------------------------------------------------------------------------------------------------------------
Revise the AFM........................  1 work-hour x $85 per                 $0             $85         $12,240
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------


[[Page 77993]]

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.


Sec.  39.13  [Amended]

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

2020-24-04 The Boeing Company: Amendment 39-21334 ; Docket No. FAA-
2020-1031; Project Identifier AD-2020-00846-T.

(a) Effective Date

    This AD is effective December 18, 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 22, Auto flight.

(e) Unsafe Condition

    This AD was prompted by reports indicating that the autopilot 
flight director system (AFDS) failed to transition to the instrument 
landing system localizer (LOC) beam after the consistent localizer 
capture function in the flight control modules initiated a 
transition to capture LOC during approach. The FAA is issuing this 
AD to address the AFDS failing to transition, which could result in 
localizer overshoot leading to glideslope descent on the wrong 
heading. Combined with a lack of flight deck effects for a 
consistent localizer capture mode failure, this condition could 
result in a controlled flight into terrain.

(f) Compliance

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

(g) Revise the Airplane Flight Manual (AFM)

    Within 14 days after the effective date of this AD, revise the 
limitations section of the existing AFM and applicable corresponding 
operational procedures to incorporate the procedures specified in 
figure 1 to paragraph (g) of this AD. Revising the existing AFM to 
include the changes specified in paragraph (g) of this AD may be 
done by inserting a copy of figure 1 to paragraph (g) of this AD 
into the existing AFM.
[GRAPHIC] [TIFF OMITTED] TR03DE20.000

(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 responsible Flight Standards 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 responsible Flight Standards 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 Frank Carreras, 
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 
206-231-3539; email: [email protected].

[[Page 77994]]

(j) Material Incorporated by Reference

    None.

    Issued on November 13, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-26680 Filed 12-1-20; 11:15 am]
BILLING CODE 4910-13-P


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