[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]


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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.

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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 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: 
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

[[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: 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
----------------------------------------------------------------------------------------------------------------
                                                                                                 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.
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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: 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: 9-ANM-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 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/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


