[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Rules and Regulations]
[Pages 8717-8722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03195]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / 
Rules and Regulations  

[[Page 8717]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0098; Product Identifier 2020-NM-011-AD; Amendment 
39-19844; AD 2020-03-20]
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 
certain The Boeing Company Model MD-11, MD-11F, and 717-200 airplanes, 
all Model 737-8 and 737-9 airplanes, all Model 737-600, -700, -700C, -
800, -900, and -900ER series airplanes, certain Model 747-400 and 747-
400F series airplanes, certain Model 757 and 767 airplanes, and all 
Model 777 airplanes. This AD requires revising the existing airplane 
flight manual (AFM) to include a limitation to prohibit operations that 
require less than 0.3 required navigational performance (RNP) within a 
specified area for airplanes having a certain multi-mode receiver (MMR) 
with certain software installed. This AD was prompted by reports of the 
loss of global positioning system (GPS) data or degraded GPS positional 
accuracy while using a certain MMR. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective February 18, 2020.
    The FAA must receive comments on this AD by April 3, 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.

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-
0098; 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 (phone: 
800-647-5527) is listed above. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: David Sumner, Aerospace Engineer, 
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3538; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    In December 2019, the FAA received reports of the loss of GPS data 
or degraded GPS positional accuracy while using a certain MMR with 
certain software installed. An investigation determined that within a 
certain region of the world, operational software (OPS), number COL4D-
0087-0002, COL4E-0087-0001, COL48-0087-0700, or COL49-0087-0701, if 
installed on Collins GLU-2100 MMR, part number (P/N) 822-2532-100, 
could result in a GPS positional error. The affected area occurs in a 
funnel shaped region of the world that mainly extends +/- 20 degrees on 
either side of 180 degrees West Longitude, and encompasses the Northern 
Hemisphere to 10 degrees Latitude in the Southern Hemisphere. When an 
airplane is within this affected region, the software should map the 
computed ionospheric pierce point (IPP) to the correct hemisphere, but 
the software is not doing that. The consequences of the GPS error are:
     An annunciated loss of GPS output, where the Global 
Navigation Satellite System (GNSS) bus becomes inactive anywhere from a 
few seconds to up to 40 minutes.
     Un-annunciated reduced positional accuracy in the affected 
region when the Satellite-Based Augmentation System (SBAS) ionosphere 
corrections are improperly applied. The positional error will be 
bounded to 0.3 nautical miles, but may not be bounded by the horizontal 
protection level (HPL) that is output by the GNSS.
    This improper mapping within the OPS, if not addressed, could, 
during a high-precision approach with a GPS error, result in 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 airplane flight manual to 
include a limitation to prohibit operations that require less than 0.3 
RNP within a specified area for airplanes having a certain MMR with 
certain software installed.

Interim Action

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

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

[[Page 8718]]

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 loss of 
GPS data, or degraded GPS positional accuracy, during a high-precision 
approach with a GPS positional error, could result in controlled flight 
into terrain. Given the significance of the risk presented by this 
unsafe condition, it 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-
0098 and Product Identifier 2020-NM-011-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 (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, 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 David Sumner, Aerospace Engineer, Systems and Equipment 
Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 
98198; phone and fax: 206-231-3538; email: [email protected]. Any 
commentary that the FAA receives which 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

    Although the FAA estimates the number of airplanes identified in 
the applicability of this AD as 3,200 airplanes of U.S. registry, the 
AFM revision specified in this AD is required only for the airplanes 
having a configuration identified in paragraph (g) of this AD. The FAA 
estimates that 409 airplanes of U.S. registry are affected by the AFM 
revision specified in paragraph (g) of this AD.
    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
----------------------------------------------------------------------------------------------------------------
AFM revision..........................  1 work-hour x $85 per                 $0             $85         $34,765
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

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.

[[Page 8719]]

Sec.  39.13  [Amended]

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

2020-03-20 The Boeing Company: Amendment 39-19844; Docket No. FAA-
2020-0098; Product Identifier 2020-NM-011-AD.

(a) Effective Date

    This AD is effective February 18, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company airplanes, certificated in 
any category, as identified in paragraphs (c)(1) through (9) of this 
AD.
    (1) Model MD-11 and MD-11F airplanes modified by supplemental 
type certificate (STC) ST01895WI.
    (2) Model 717-200 airplanes modified by STC ST04416AT.
    (3) All Model 737-8 and 737-9 airplanes.
    (4) All Model 737-600, -700, -700C, -800, -900, and -900ER 
series airplanes.
    (5) Model 747-400 and 747-400F series airplanes modified by STC 
ST01892WI.
    (6) Model 757-200, -200PF, -200CB, and -300 series airplanes 
modified by STC ST04436AT.
    (7) Model 767-200, -300, -300F, -400ER, and -2C series airplanes 
modified by STC ST04436AT or ST01883WI.
    (8) All Model 777-200, -200LR, -300, and -300ER series 
airplanes.
    (9) All Model 777F series airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by reports of the loss of global 
positioning system (GPS) data or degraded GPS positional accuracy 
while using a certain multi-mode receiver (MMR). The FAA is issuing 
this AD to address the loss of GPS data and degraded GPS positional 
accuracy, which, during a high-precision approach with this GPS 
error, could result in controlled flight into terrain.

(f) Compliance

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

(g) Airplane Flight Manual (AFM) Revision

    For airplanes equipped with Collins GLU-2100 MMR, part number 
(P/N) 822-2532-100, having any applicable GLU-2100 operational 
software (OPS) identified in figure 1 to paragraph (g) of this AD 
installed: At the applicable time specified in paragraphs (g)(1) and 
(2) of this AD, revise the limitations or certificate limitations 
section, as applicable, of the existing AFM to include the 
information specified in figure 2 to paragraph (g) of this AD and 
revise the procedures or normal procedures section, as applicable, 
of the existing AFM to include the information specified in figure 3 
to paragraph (g) of this AD. This may be done by inserting a copy of 
figures 2 and 3 to paragraph (g) of this AD into the existing AFM.
    (1) For Model 737-8 and 737-9 airplanes: Before further flight.
    (2) For all airplanes except Model 737-8 and 737-9 airplanes: 
Within 7 days after the effective date of this AD.
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(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 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 (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 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.

(i) Related Information

    For more information about this AD, contact David Sumner, 
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO 
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 
206-231-3538; email: [email protected].

(j) Material Incorporated by Reference

    None.

    Issued on February 12, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-03195 Filed 2-13-20; 11:15 am]
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