Airworthiness Directives; The Boeing Company Airplanes, 32735-32737 [2021-13458]

Download as PDF Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 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 Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: 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. SUMMARY: 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. DATES: jbell on DSKJLSW7X2PROD with RULES 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– VerDate Sep<11>2014 15:58 Jun 22, 2021 Jkt 253001 231–3500; email: 9-FAA-SACO-ADInquiry@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.1 More detailed information on CMRs can be found in FAA Advisory Circular (AC) 25–19A, ‘‘Certification Maintenance Requirements,’’ available at rgl.faa.gov. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 32735 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. E:\FR\FM\23JNR1.SGM 23JNR1 32736 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. jbell on DSKJLSW7X2PROD with RULES 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: 9FAA-SACO-AD-Inquiry@faa.gov. Any commentary that the FAA receives that is not specifically designated as CBI will VerDate Sep<11>2014 15:58 Jun 22, 2021 Jkt 253001 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 workhours 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 workhour). 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 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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. E:\FR\FM\23JNR1.SGM 23JNR1 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 32737 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. Figure 1 to paragraph (g) - CMR items Related MRBR item number Task CMR interval APL ENG 22-CMR-01 22-020-00 (MPD number) OPC 6,000 FH ALL ALL Operationally check (BITE check) the digital flight control system (DFCS) speed trim/stab trim discretes and aileron/elevator actuator availability. 22-CMR-02 22-030-00 (MPD number) OPC 41,000 FH ALL ALL Operationally check the stabilizer trim enable ground path and autopilot arm cutout switch S272 Pole 2. 27-CMR-09 27-117-00 (MPD number) OPC 12,000 FH ALL ALL Operationally check the primary and secondary aisle stand stabilizer trim cutout switches. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 922 [Docket No. 210608–0125] (h) Alternative Methods of Compliance (AMOCs) RIN 0648–BG01 (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-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. (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 jbell on DSKJLSW7X2PROD with RULES 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 15:58 Jun 22, 2021 Jkt 253001 Task description Wisconsin Shipwreck Coast National Marine Sanctuary Designation; Final Regulations Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Final rule. AGENCY: 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. SUMMARY: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 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/daysin-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 DATES: E:\FR\FM\23JNR1.SGM 23JNR1 ER23JN21.020</GPH> 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. VerDate Sep<11>2014 Applicability CMR item number

Agencies

[Federal Register Volume 86, Number 118 (Wednesday, June 23, 2021)]
[Rules and Regulations]
[Pages 32735-32737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13458]



[[Page 32735]]

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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: [email protected].

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.
---------------------------------------------------------------------------

    \1\ More detailed information on CMRs can be found in FAA 
Advisory Circular (AC) 25-19A, ``Certification Maintenance 
Requirements,'' available at rgl.faa.gov.
---------------------------------------------------------------------------

    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.

[[Page 32736]]

    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: [email protected]. 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 x $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

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:

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.

[[Page 32737]]

(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.
[GRAPHIC] [TIFF OMITTED] TR23JN21.020

    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: [email protected].
    (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: [email protected].

(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
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