Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 32735 

1More 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-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.- 

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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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. 

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 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 

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 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. 

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-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 

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/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 


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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.