[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.

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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:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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: 
<a href="/cdn-cgi/l/email-protection#711703101f1a5f1210030314031002311710105f161e07"><span class="__cf_email__" data-cfemail="b3d5c1d2ddd89dd0d2c1c1d6c1d2c0f3d5d2d29dd4dcc5">[email protected]</span></a>.

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: <a href="/cdn-cgi/l/email-protection#90f6e2f1fefbbef3f1e2e2f5e2f1e3d0f6f1f1bef7ffe6"><span class="__cf_email__" data-cfemail="086e7a696663266b697a7a6d7a697b486e6969266f677e">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#764f5b37383b5b25131702021a135b3735395b373b39355b24130703130502053610171758111900"><span class="__cf_email__" data-cfemail="3f06127e7172126c5a5e4b4b535a127e7c70127e72707c126d5a4e4a5a4c4b4c7f595e5e11585049">[email protected]</span></a>.
    (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: <a href="/cdn-cgi/l/email-protection#0c6a7e6d6267226f6d7e7e697e6d7f4c6a6d6d226b637a"><span class="__cf_email__" data-cfemail="b2d4c0d3dcd99cd1d3c0c0d7c0d3c1f2d4d3d39cd5ddc4">[email protected]</span></a>.

[[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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