Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Rules and Regulations 40937 

(ii) European Union Aviation Safety 

Agency (EASA) AD 2021–0026, dated 

January 20, 2021. 

(3) For EASA AD 2020–0211 and EASA AD 

2021–0026, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany; 

telephone +49 221 8999 000; email ADs@

easa.europa.eu; internet 

www.easa.europa.eu. You may find these 

EASA ADs on the EASA website at https:// 

ad.easa.europa.eu. 

(4) You may view this material at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. This material may be found 

in the AD docket on the internet at https:// 

www.regulations.gov by searching for and 

locating Docket No. FAA–2021–0303. 

(5) You may view this material that is 

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, email fedreg.legal@

nara.gov, or go to: https://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

Issued on June 10, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–16245 Filed 7–29–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0264; Project 

Identifier MCAI–2020–01416–T; Amendment 

39–21616; AD 2021–13–11] 

RIN 2120–AA64 

Airworthiness Directives; MHI RJ 

Aviation ULC (Type Certificate 

Previously Held by Bombardier, Inc.) 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

MHI RJ Aviation ULC Model CL–600– 

2D15 (Regional Jet Series 705) and CL– 

600–2D24 (Regional Jet Series 900) 

airplanes. This AD was prompted by a 

report that the lower aft outboard 

supporting structure of galley 2 does not 

meet certification requirements for all 

flight and/or emergency landing loads. 

This AD requires modifying the floor 

structure between certain fuselage 

stations. The FAA is issuing this AD to 

address the unsafe condition on these 

products. 

DATES: This AD is effective September 3, 

2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of September 3, 2021. 

ADDRESSES: For service information 

identified in this final rule, contact MHI 

RJ Aviation ULC, 12655 Henri-Fabre 

Blvd., Mirabel, Que ́bec J7N 1E1 Canada; 

Widebody Customer Response Center 

North America toll-free telephone +1– 

844–272–2720 or direct-dial telephone 

+1–514–855–8500; fax +1–514–855– 

8501; email thd.crj@mhirj.com; internet 

https://mhirj.com. You may view this 

service information at the FAA, 

Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available on the internet at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0264. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0264; 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 address for Docket 

Operations is U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Antariksh Shetty, Aerospace Engineer, 

Airframe and Propulsion Section, FAA, 

New York ACO Branch, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 

11590; telephone 516–228–7300; fax 

516–794–5531; email 9-avs-nyaco-cos@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued TCCA AD CF– 

2020–40, dated October 15, 2020 (also 

referred to as the Mandatory Continuing 

Airworthiness Information, or the 

MCAI), to correct an unsafe condition 

for certain MHI RJ Aviation ULC Model 

CL–600–2D15 (Regional Jet Series 705) 

and CL–600–2D24 (Regional Jet Series 

900) airplanes. You may examine the 

MCAI in the AD docket on the internet 

at https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0264. 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain MHI RJ Aviation ULC 

Model CL–600–2D15 (Regional Jet 

Series 705) and CL–600–2D24 (Regional 

Jet Series 900) airplanes. The NPRM 

published in the Federal Register on 

April 7, 2021 (86 FR 17998). The NPRM 

was prompted by a report that the lower 

aft outboard supporting structure of 

galley 2 does not meet certification 

requirements for all flight and/or 

emergency landing loads. The NPRM 

proposed to require modifying the floor 

structure between certain fuselage 

stations. The FAA is issuing this AD to 

address the insufficient structural safety 

margin of galley 2 in case of hard 

landing or severe turbulence. This 

condition, if not corrected, could result 

in injury to the occupants and could 

limit access to the exit door during 

emergencies if the galley is displaced or 

fails structurally. See the MCAI for 

additional background information. 

Comments 

The FAA gave the public the 

opportunity to participate in developing 

this final rule. The FAA has considered 

the comment received. The Air Line 

Pilots Association, International 

(ALPA), indicated its support for the 

NPRM. 

Conclusion 

The FAA reviewed the relevant data, 

considered the comment received, and 

determined that air safety and the 

public interest require adopting this 

final rule as proposed, except for minor 

editorial changes. The FAA has 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM for 

addressing the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Related Service Information Under 1 

CFR Part 51 

MHI RJ has issued MHI RJ Service 

Bulletin 670BA–53–060, Revision A, 

dated September 17, 2020. This service 

information describes procedures for 

modifying the floor structure between 

fuselage station (FS) 379.00 and FS 

394.00 at right buttock line (RBL) 37.75. 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section. 


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40938 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Rules and Regulations 

Costs of Compliance 

The FAA estimates that this AD 

affects 1 airplane of U.S. registry. The 

FAA estimates the following costs to 

comply with this AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

20 work-hours × $85 per hour = $1,700 ..................................................................................... $5,081 $6,781 $6,781 

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, 

(2) Will not affect intrastate aviation 

in Alaska, and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

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: 

2021–13–11 MHI RJ Aviation ULC (Type 

Certificate Previously Held by 

Bombardier, Inc.): Amendment 39– 

21616; Docket No. FAA–2021–0264; 

Project Identifier MCAI–2020–01416–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective September 3, 2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to MHI RJ Aviation ULC 

(type certificate previously held by 

Bombardier, Inc.) Model CL–600–2D15 

(Regional Jet Series 705) and CL–600–2D24 

(Regional Jet Series 900) airplanes, 

certificated in any category, having serial 

numbers 15057, 15063 through 15065 

inclusive, 15071, 15074, 15079, 15087, 

15090, 15106, 15111, 15113, 15115, and 

15117. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53, Fuselage. 

(e) Unsafe Condition 

This AD was prompted by a report that the 

lower aft outboard supporting structure of 

galley 2 does not meet certification 

requirements for all flight and/or emergency 

landing loads. The FAA is issuing this AD to 

address the insufficient structural safety 

margin of galley 2 in case of hard landing or 

severe turbulence. This condition, if not 

corrected, could result in injury to the 

occupants and could limit access to the exit 

door during emergencies if the galley is 

displaced or fails structurally. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Within 36 months after the effective date 

of this AD: Modify the floor structure 

between fuselage station (FS) 379.00 and FS 

394.00 at right buttock line (RBL) 37.75 in 

accordance with paragraph 2.B. of the 

Accomplishment Instructions of MHI RJ 

Service Bulletin 670BA–53–060, Revision A, 

dated September 17, 2020. 

(h) Credit for Previous Actions 

This paragraph provides credit for actions 

required by paragraph (g) of this AD, if those 

actions were performed before the effective 

date of this AD using MHI RJ Service Bulletin 

670BA–53–060, dated August 6, 2020. 

(i) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York 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 ATTN: Program Manager, 

Continuing Operational Safety, FAA, New 

York ACO Branch, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; telephone 

516–228–7300; fax 516–794–5531. Before 

using any approved AMOC, notify your 

appropriate principal inspector, or lacking a 

principal inspector, the manager of the 

responsible Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, New York ACO Branch, 

FAA; or Transport Canada Civil Aviation 

(TCCA); or MHI RJ Aviation ULC’s TCCA 

Design Approval Organization (DAO). If 

approved by the DAO, the approval must 

include the DAO-authorized signature. 

(j) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) TCCA AD 

CF–2020–40, dated October 15, 2020, for 

related information. This MCAI may be 

found in the AD docket on the internet at 

https://www.regulations.gov by searching for 

and locating Docket No. FAA–2021–0264. 

(2) For more information about this AD, 

contact Antariksh Shetty, Aerospace 

Engineer, Airframe and Propulsion Section, 

FAA, New York ACO Branch, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 11590; 

telephone 516–228–7300; fax 516–794–5531; 

email 9-avs-nyaco-cos@faa.gov. 

(3) Service information identified in this 

AD that is not incorporated by reference is 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Rules and Regulations 40939 

1See 29 U.S.C. 206(a). 2See 29 U.S.C. 207(a). 3See 29 U.S.C. 211(c). 4 29 U.S.C. 203(d). 

5 29 U.S.C. 203(e)(1). 

6See 29 U.S.C. 203(e)(2)–(5). 7 29 U.S.C. 203(g). 

8See Interpretative Bulletin No. 13, ‘‘Hours 

Worked: Determination of Hours for Which 

Employees are Entitled to Compensation Under the 

Fair Labor Standards Act of 1938,’’ ¶¶ 16–17. In 

October 1939 and October 1940, WHD revised other 

portions of the Bulletin that are not pertinent here. 

9See id. 

10 Id. ¶ 17. 

11 Id. 

12See 23 FR 5905 (Aug. 5, 1958). 

13 29 CFR 791.2(a) (1958). 

available at the addresses specified in 

paragraphs (k)(3) and (4) of this AD. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) MHI RJ Service Bulletin 670BA–53–060, 

Revision A, dated September 17, 2020. 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact MHI RJ Aviation ULC, 12655 

Henri-Fabre Blvd., Mirabel, Que ́bec J7N 1E1 

Canada; Widebody Customer Response 

Center North America toll-free telephone 

+1–844–272–2720 or direct-dial telephone 

+1–514–855–8500; fax +1–514–855–8501; 

email thd.crj@mhirj.com; internet https://

mhirj.com. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

St., Des Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email fedreg.legal@nara.gov, or go to: https:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on June 10, 2021. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–16238 Filed 7–29–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Wage and Hour Division 

29 CFR Part 791 

RIN 1235–AA37 

Rescission of Joint Employer Status 

Under the Fair Labor Standards Act 

Rule 

AGENCY: Wage and Hour Division 

(WHD), Department of Labor (DOL). 

ACTION: Final rule; rescission. 

SUMMARY: This action finalizes the 

Department’s proposal to rescind the 

final rule titled ‘‘Joint Employer Status 

Under the Fair Labor Standards Act,’’ 

which published on January 16, 2020, 

and took effect on March 16, 2020. This 

rescission removes the regulations 

established by that rule. 

DATES: This final rule is effective on 

September 28, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Amy DeBisschop, Division of 

Regulations, Legislation, and 

Interpretation, Wage and Hour Division, 

U.S. Department of Labor, Room S– 

3502, 200 Constitution Avenue NW, 

Washington, DC 20210; telephone: (202) 

693–0406 (this is not a toll-free 

number). Copies of this final rule may 

be obtained in alternative formats (Large 

Print, Braille, Audio Tape or Disc), upon 

request, by calling (202) 693–0675 (this 

is not a toll-free number). TTY/TDD 

callers may dial toll-free 1–877–889– 

5627 to obtain information or request 

materials in alternative formats. 

Questions of interpretation and/or 

enforcement of the agency’s regulations 

may be directed to the nearest WHD 

district office. Locate the nearest office 

by calling WHD’s toll-free help line at 

(866) 4US–WAGE ((866) 487–9243) 

between 8 a.m. and 5 p.m. in your local 

time zone, or logging onto WHD’s 

website for a nationwide listing of WHD 

district and area offices at http://

www.dol.gov/whd/america2.htm. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Fair Labor Standards Act (FLSA 

or Act) requires all covered employers 

to pay nonexempt employees at least the 

Federal minimum wage for every hour 

worked in a non-overtime workweek.1

In an overtime workweek, for all hours 

worked in excess of 40 in a workweek, 

covered employers must pay a 

nonexempt employee at least one and 

one-half times the employee’s regular 

rate.2 The FLSA also requires covered 

employers to make, keep, and preserve 

certain records regarding employees.3

The FLSA does not define ‘‘joint 

employer’’ or ‘‘joint employment.’’ 

However, section 3(d) of the Act defines 

‘‘employer’’ to ‘‘include[ ] any person 

acting directly or indirectly in the 

interest of an employer in relation to an 

employee.’’ 4 Section 3(e) generally 

defines ‘‘employee’’ to mean ‘‘any 

individual employed by an employer’’ 5

and identifies certain specific groups of 

workers who are not ‘‘employees’’ for 

purposes of the Act.6 Section 3(g) 

defines ‘‘employ’’ to ‘‘include[ ] to suffer 

or permit to work.’’ 7

A. Prior Guidance Regarding FLSA Joint 

Employment 

In 1939, a year after the FLSA’s 

enactment, the Department’s Wage and 

Hour Division (WHD) issued 

Interpretative Bulletin No. 13, 

addressing, among other topics, whether 

two or more companies may be jointly 

and severally liable for a single 

employee’s hours worked under the 

FLSA.8 WHD recognized in the Bulletin 

that there is joint employment liability 

under the FLSA and provided examples 

of situations where two companies 

would or would not be joint employers 

of an employee.9 For situations where 

an employee works hours for one 

company and works separate hours for 

another company in the same 

workweek, WHD focused on whether 

the two companies ‘‘are acting entirely 

independently of each other with 

respect to the employment of the 

particular employee’’ (in which case 

they would not be joint employers) or, 

‘‘on the other hand, the employment by 

[the one company] is not completely 

disassociated from the employment by 

[the other company]’’ (in which case 

they would be joint employers and the 

hours worked for both would be 

aggregated for purposes of the Act).10

WHD stated in the Bulletin that it ‘‘will 

scrutinize all cases involving more than 

one employment and, at least in the 

following situations, an employer will 

be considered as acting in the interest of 

another employer in relation to an 

employee: If the employers make an 

arrangement for the interchange of 

employees or if one company controls, 

is controlled by, or is under common 

control with, directly or indirectly, the 

other company.’’ 11

In 1958, the Department published a 

rule introducing 29 CFR part 791, titled 

‘‘Joint Employment Relationship under 

Fair Labor Standards Act of 1938.’’ 12

Section 791.2(a) reiterated that there is 

joint employment liability under the Act 

and stated that the determination 

‘‘depends upon all the facts in the 

particular case.’’ 13 It further stated that 

two or more employers that ‘‘are acting 

entirely independently of each other 

and are completely disassociated’’ with 

respect to the employee’s employment 

are not joint employers, but joint 

employment exists if ‘‘employment by 

one employer is not completely 

disassociated from employment by the 


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