Airworthiness Directives; The Boeing Company Airplanes
| Citation | 86 FR 32735 |
| Record Number | 2021-13458 |
| Published date | 23 June 2021 |
| Section | Rules and Regulations |
| Court | Federal Aviation Administration |
32735
Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations
1
More detailed information on CMRs can be
found in FAA Advisory Circular (AC) 25–19A,
‘‘Certification Maintenance Requirements,’’
available at rgl.faa.gov.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0013; Project
Identifier AD–2021–00087–T; Amendment
39–21540; AD 2021–10–07]
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 737–8 and
737–9 (737 MAX) airplanes. This AD
was prompted by the determination that
additional Certification Maintenance
Requirements (CMRs) are necessary.
This AD requires a revision of the
existing maintenance or inspection
program to incorporate three additional
CMRs. The FAA is issuing this AD to
address the unsafe condition on these
products.
DATES
: This AD is effective July 8, 2021.
The FAA must receive comments on
this AD by August 9, 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.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0013; 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, any comments received, and
other information. The street address for
the Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT
: Ken
Fairhurst, Manager, Systems and
Equipment Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3500; email: 9-FAA-SACO-AD-
Inquiry@faa.gov.
SUPPLEMENTARY INFORMATION
:
Background
Modern transport category airplanes
can remain in service for decades. To
ensure that an airplane’s critical systems
and back-up systems continue to meet
FAA requirements, such as those in 14
CFR 25.1309, manufacturers may
develop and rely on required actions
that include CMRs. CMRs are
limitations documented in the
airplane’s instructions for continued
airworthiness (ICA) that require
operators to periodically check systems
or replace certain equipment in order to
ensure the continued availability and
functionality of those systems over
time.
1
Air carriers have existing
programs to schedule CMRs and comply
with their requirements.
The FAA’s recent review of the 737
MAX flight control system resulted in
the determination that three additional
CMR items are necessary to ensure the
continued functioning of certain
systems throughout the life of the
airplane. The manufacturer proposed,
and the FAA reviewed and approved,
these three new CMRs (i.e., 22–CMR–01,
22–CMR–02, and 27–CMR–09), which
are described in Boeing Certification
Maintenance Requirements Document
D626A011–9–03, dated July 2020, and
available in the docket for this AD.
Prior to return to service, initial
inspections of these systems were
completed when necessary on affected
airplanes; this ensured the safety of the
737 MAX return to service. Due to most
of the fleet being well below flight-hour
thresholds that would require
inspection, and Boeing’s coordination
with operators of affected airplanes to
do initial inspections prior to return to
service, the FAA determined this AD to
incorporate the new CMR items could
be issued subsequent to return to
service. Consistent with that approach,
Boeing released a Multi-Operator
Message. This approach protects both
the safety of the return to service and
the long term safety of the fleet.
For newly produced airplanes, Boeing
has incorporated the three additional
CMRs into the ICA for every airplane
delivered on or after November 20, 2020
(the effective date of AD 2020–24–02 (85
FR 74560, November 20, 2020) (AD
2020–24–02)). These CMRs have also
already been incorporated into the
maintenance programs for all U.S.-
registered 737 MAX airplanes that had
been delivered before the effective date
of AD 2020–24–02 and are included in
the applicability of AD 2020–24–02.
The manufacturer has also
communicated guidance to incorporate
these CMRs into the maintenance
programs of all affected 737 MAX
operators, via Boeing Multi Operator
Message MOM–MOM–20–0891–01B,
dated December 22, 2020.
Since these CMRs are part of the ICA
for all 737 MAX airplanes delivered on
or after November 20, 2020 (the effective
date of AD 2020–24–02), this AD is
applicable only to airplanes with an
original airworthiness certificate or
original export certificate of
airworthiness issued prior to that date.
These CMRs are necessary because a
potential latent failure of a flight control
system function, as tested by one of
these three CMRs, if combined with
unusual flight maneuvers or with
another flight control system failure,
could result in reduced controllability
of the airplane.
After these CMRs have been
incorporated into the operator’s
maintenance and inspection program,
they may be treated as other CMRs on
the airplane (i.e., operators may propose
any change, escalation, or cancellation
of these CMRs by following the
processes described in AC 25–19A, and
no AMOC would be required).
FAA’s Determination
The FAA is issuing this AD because
the agency has 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 a revision of the
existing maintenance or inspection
program, as applicable, to incorporate
additional CMR item information.
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. 551 et seq.) 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 providing notice and
seeking comment prior to issuance.
Further, section 553(d) of the APA
authorizes agencies to make rules
effective in less than thirty days, upon
a finding of good cause.
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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations
As discussed previously, all U.S.-
registered airplanes are already in
compliance with the requirements of
this AD. Accordingly, notice and
opportunity for prior public comment
are unnecessary, pursuant to 5 U.S.C.
553(b)(3). In addition, for the foregoing
reason, 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
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under
ADDRESSES
.
Include Docket No. FAA–2021–0013
and Project Identifier AD–2021–00087–
T at the beginning of your comments.
The most helpful comments reference a
specific portion of the final rule, explain
the reason for any recommended
change, and include supporting data.
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
agency will also post a report
summarizing each substantive verbal
contact received about this final rule.
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 Ken Fairhurst,
Manager, Systems and Equipment
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3500; email: 9-
FAA-SACO-AD-Inquiry@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
The requirements of the Regulatory
Flexibility Act (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 that 72
airplanes of U.S. registry are included in
the applicability of this AD, all of these
airplanes are already in compliance
with the requirements of this AD.
Nevertheless, the FAA provides the
following cost estimate.
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 work-
hours per operator, although the agency
recognizes that this number may vary
from operator to operator. Since
operators incorporate maintenance or
inspection program changes for their
affected fleets, the FAA has determined
that a per-operator estimate is more
accurate than a per-airplane estimate.
Therefore, the FAA estimates the
average total cost per operator to be
$7,650 (90 work-hours × $85 per work-
hour).
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:
2021–10–07 The Boeing Company:
Amendment 39–21540; Docket No.
FAA–2021–0013; Project Identifier AD–
2021–00407–T.
(a) Effective Date
This airworthiness directive (AD) is
effective July 8, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 737–8 and 737–9 airplanes,
certificated in any category, with an original
airworthiness certificate or original export
certificate of airworthiness issued before
November 20, 2020.
(d) Subject
Air Transport Association (ATA) of
America Code Codes 22, Autoflight; and 27,
Flight controls.
(e) Unsafe Condition
This AD was prompted by a determination
that additional Certification Maintenance
Requirements (CMRs) are necessary. The
FAA is issuing this AD to ensure the
availability of certain flight control system
functions through maintenance tests to verify
that the functions have not failed; a potential
latent failure of a flight control system
function, as tested by these three CMR items,
if combined with unusual flight maneuvers
or with another flight control system failure,
could result in reduced controllability of the
airplane.
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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Maintenance or Inspection Program
Revision
Within 30 days after the effective date of
this AD, revise the existing maintenance or
inspection program, as applicable, to
incorporate the CMR item information
identified in figure 1 to paragraph (g) of this
AD. For airplanes that have exceeded the
CMR interval, in total flight hours (FHs), for
a required CMR item, the associated task
must be done before further flight after
revision of the maintenance or inspection
program.
Note 1 to paragraph (g): The CMR tasks
and intervals specified in figure 1 to
paragraph (g) of this AD correspond to the
items identified in Boeing Certification
Maintenance Requirements Document
D626A011–9–03, dated July 2020. The
information in both sources is identical.
(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 Related Information.
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 responsible Flight Standards Office.
(i) Related Information
For more information about this AD,
contact Ken Fairhurst, Manager, Systems and
Equipment Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines,
WA 98198; phone and fax: 206–231–3500;
email: 9-FAA-SACO-AD-Inquiry@faa.gov.
(j) Material Incorporated by Reference
None.
Issued on June 9, 2021.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–13458 Filed 6–21–21; 4:15 pm]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 922
[Docket No. 210608–0125]
RIN 0648–BG01
Wisconsin Shipwreck Coast National
Marine Sanctuary Designation; Final
Regulations
AGENCY
: Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION
: Final rule.
SUMMARY
: The National Oceanic and
Atmospheric Administration (NOAA)
issues final regulations to implement
the designation of the Wisconsin
Shipwreck Coast National Marine
Sanctuary (WSCNMS). The
approximately 962 square-mile area
encompasses a portion of the waters and
submerged lands of Lake Michigan
adjacent to Ozaukee, Sheboygan,
Manitowoc, and Kewaunee Counties.
The area includes a nationally
significant collection of underwater
cultural resources, including 36 known
shipwrecks and about 59 suspected
shipwrecks. Well preserved by Lake
Michigan’s cold, fresh water, the
shipwrecks in the WSCNMS possess
exceptional historical, archaeological
and recreational value. NOAA and the
State of Wisconsin will co-manage
WSCNMS.
DATES
: Effective Date: Pursuant to
section 304(b) of the National Marine
Sanctuaries Act (NMSA) (16 U.S.C.
1434(b)), the designation and
regulations shall take effect and become
final after the close of a review period
of forty-five days of continuous session
of Congress, beginning on the date on
which this federal rulemaking is
published, unless the Governor of the
State of Wisconsin certifies to the
Secretary of Commerce during that same
review period that the designation or
any of its terms is unacceptable, in
which case the designation or any
unacceptable term shall not take effect.
The public can track days on
Congressional session at the following
website: https://www.congress.gov/days-
in-session. NOAA will publish an
announcement of the effective date of
the final regulations in the Federal
Register.
NOAA is staying the effective date of
§ 922.213(a)(2), which prohibits
grappling into or anchoring on
shipwreck sites, until October 1, 2023.
The purpose of this stay is detailed in
Section II of this final rule.
ADDRESSES
: Copies of the final
environmental impact statement and
final management plan (FEIS/FMP)
described in this rule and the record of
decision (ROD) are available upon
request to Wisconsin Shipwreck Coast
National Marine Sanctuary, One
University Drive, Sheboygan, WI 53081,
Attn: Russ Green, Regional Coordinator.
The FEIS/FMP and Record of Decision
may be viewed and downloaded at
https://sanctuaries.noaa.gov/wisconsin/.
FOR FURTHER INFORMATION CONTACT
: Russ
Green, Regional Coordinator, Office of
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Figure 1 to paragraph (g) -CMR items
CMR item Related MRBR Task CMR Applicability Task description
number item number interval APL ENG
Operationally check (BITE check) the digital
22-CMR-01 22-020-00 OPC 6,000
FH
ALL ALL flight control system (DFCS) speed trim/stab
(MPD number) trim discretes and aileron/elevator actuator
availability.
22-030-00 Operationally check the stabilizer trim enable
22-CMR-02 (MPD number) OPC 41,000
FH
ALL ALL ground path and autopilot arm cutout switch -
S272 Pole
2.
27-117-00 Operationally check the primary and
27-CMR-09 (MPD number) OPC 12,000
FH
ALL ALL secondary aisle stand stabilizer trim cutout
switches.
