Rule2021-13458
Airworthiness Directives; The Boeing Company Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 23, 2021
Effective
July 8, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 118 (Wednesday, June 23, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#2811056e6969057b696b6705696c056146595d415a51684e4949064f475e"><span class="__cf_email__" data-cfemail="241d09626565097765676b096560096d4a55514d565d644245450a434b52">[email protected]</span></a>.
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.
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\1\ More detailed information on CMRs can be found in FAA
Advisory Circular (AC) 25-19A, ``Certification Maintenance
Requirements,'' available at <a href="http://rgl.faa.gov">rgl.faa.gov</a>.
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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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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: <a href="/cdn-cgi/l/email-protection#efd6c2a9aeaec2bcaeaca0c2aeabc2a6819e9a869d96af898e8ec1888099"><span class="__cf_email__" data-cfemail="61584c2720204c3220222e4c20254c280f1014081318210700004f060e17">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#546d79151a1979073135202038317915171b7915191b17790631252131272027143235357a333b22"><span class="__cf_email__" data-cfemail="0a33274b444727596f6b7e7e666f274b4945274b47454927586f7b7f6f797e794a6c6b6b246d657c">[email protected]</span></a>.
(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: <a href="/cdn-cgi/l/email-protection#2910046f6868047a686a6604686d046047585c405b50694f4848074e465f"><span class="__cf_email__" data-cfemail="1a23375c5b5b37495b5955375b5e3753746b6f7368635a7c7b7b347d756c">[email protected]</span></a>.
(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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