Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations 77991 

27 5 U.S.C. 553(b). 

28 5 U.S.C. 553(d). 

29 5 U.S.C. 603(a), 604(a). 

30See https://beta.regulations.gov/docket/CFPB2020-0019. 

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 

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

V. Paperwork Reduction Act 

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. 

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 

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 


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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. 

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 Parts cost Cost per 

product 

Cost on U.S. 

operators 

Revise the AFM .............................................. 1 work-hour × $85 per hour = $85 ................. $0 $85 $12,240 


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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations 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 

■ 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): 

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. 

(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: 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 

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. 


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77994 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations 

(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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2020–0658] 

Drawbridge Operation Regulation; 

Indian Creek, Miami Beach, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of temporary 

deviation from regulations; request for 

comments. 

SUMMARY: 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. 

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: 

I. Background, Purpose and Legal Basis 

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. 

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 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: 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. 


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