43404 Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations 

1The MMEL items can be found in the applicable 

FAA-approved MMEL, which can be found on the 

Flight Standards Information Management System 

(FSIMS) website, https://fsims.faa.gov/ 

PICResults.aspx?mode=Publication&

doctype=MMELByModel. 

note. Section 110.1(b) also issued under 22 

U.S.C. 2403; 22 U.S.C. 2778a; 50 App. U.S.C. 

2401 et seq. 

§ 110.2 [Amended] 

■ 50. In § 110.2, in the definition for 

Special nuclear material, add a comma 

after ‘‘uranium-233’’. 

§ 110.8 [Amended] 

■ 51. In § 110.8(h), remove ‘‘MWe’’ and 

add in its place ‘‘MW’’. 

§ 110.20 [Amended] 

■ 52. In § 110.20(e), remove ‘‘U.S. 

Customs Service’s’’ and add in its place 

‘‘U.S. Customs and Border Protection’s’’. 

§ 110.50 [Amended] 

■ 53. In § 110.50(c)(3) introductory text, 

remove the word ‘‘stationary’’ and add 

in its place the word ‘‘stationery’’. 

Dated: July 30, 2021. 

Angella M. Love Blair, 

Acting Chief, Regulatory Analysis and 

Rulemaking Support Branch, Division of 

Rulemaking, Environmental, and Financial 

Support, Office of Nuclear Material Safety 

and Safeguards. 

[FR Doc. 2021–16662 Filed 8–6–21; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0614; Project 

Identifier AD–2021–00831–T; Amendment 

39–21677; AD 2021–16–15] 

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 all The 

Boeing Company Model 737–8, 737–9, 

and 737–8200 (737 MAX) airplanes; and 

certain Model 737–800 and 737–900ER 

series airplanes. This AD was prompted 

by the determination that the aft cargo 

compartment fire suppression capability 

is reduced if the airplane is dispatched 

or released with failed electronic flow 

control of air conditioning packs, as is 

currently allowed by these airplane 

models’ master minimum equipment 

lists (MMELs). This AD prohibits the 

carriage of cargo in the aft cargo 

compartment when the airplane is 

dispatched or released with failed 

electronic flow control of air 

conditioning packs. The FAA is issuing 

this AD to address the unsafe condition 

on these products. 

DATES: This AD is effective August 9, 

2021. 

The FAA must receive comments on 

this AD by September 23, 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–2021–0614; 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 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: Sam 

Nalbandian, Aerospace Engineer, Cabin 

Safety and Environmental Systems 

Section, FAA, Seattle ACO Branch, 2200 

South 216th St., Des Moines, WA 98198; 

phone and fax: 206–231–3993; email: 

Samuel.K.Nalbandian@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA was notified by Boeing in 

March 2021 of a potential concern that 

the aft cargo compartment fire 

suppression capability is reduced on 

affected airplanes if the airplane is 

dispatched or released with failed 

electronic flow control of air 

conditioning packs, as is currently 

allowed by the existing FAA-approved 

MMEL of the affected airplane models. 

This MMEL allowance can result in the 

inability to contain a fire in the aft cargo 

compartment due to increased air 

leakage that degrades the fire 

suppression performance. A failed 

electronic flow control of air 

conditioning packs would significantly 

increase the pack airflow and cargo 

compartment air leakage. In April 2021, 

Boeing advised the FAA that such 

increased leakage could result in 

insufficient concentration of Halon fire 

suppressant in the aft cargo 

compartment, which can result in the 

inability to contain a fire for the time 

necessary to divert to a suitable airport. 

The FAA is issuing this AD to address 

failed electronic flow control of air 

conditioning packs, which can result in 

an uncontained aft cargo compartment 

fire due to insufficient cargo fire 

suppression capability. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

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 prohibits dispatch or release 

of an airplane with cargo in the aft cargo 

compartment with failed electronic flow 

control of air conditioning packs. The 

AD specifically allows non-combustible 

and/or non-flammable empty cargo 

handling equipment, ballast, and/or flyaway kits in the aft cargo compartment. 

MMEL Revisions 

This AD refers to items in ATA 

System No. 21, Air Conditioning, of 

Boeing 737 (B–737–100/200/300/400/ 

500/600/700/800/900/900ER) MMEL, 

Revision 61, dated July 8, 2020; and 

Boeing 737 MAX (B–737–8/–8200/–9) 

MMEL, Revision 3, dated April 12, 

2021; 1 those items may also be included 

in an operator’s FAA-approved 

minimum equipment list (MEL). This 

AD prohibits dispatch or release of the 

airplane under conditions currently 

allowed by those items in the MMEL. 

The FAA plans to revise the MMELs to 

modify those items; operators would 

then be required to also revise their 

applicable existing FAA-approved MEL 

accordingly. 

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 


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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations 43405 

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. 

An unsafe condition exists that 

requires the immediate adoption of this 

AD without providing an opportunity 

for public comments prior to adoption. 

The FAA has found that the risk to the 

flying public justifies forgoing notice 

and comment prior to adoption of this 

rule because failed electronic flow 

control of air conditioning packs can 

result in an uncontained aft cargo 

compartment fire due to insufficient 

cargo fire suppression capability. 

Accordingly, notice and opportunity for 

prior public comment are impracticable 

and contrary to the public interest 

pursuant to 5 U.S.C. 553(b)(3)(B). 

In addition, 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, for the same reasons 

the FAA found good cause to forgo 

notice and comment. 

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–2021–0614 

and Project Identifier AD–2021–00831– 

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 Sam Nalbandian, 

Aerospace Engineer, Cabin Safety and 

Environmental Systems Section, FAA, 

Seattle ACO Branch, 2200 South 216th 

St., Des Moines, WA 98198; phone and 

fax: 206–231–3993; email: 

Samuel.K.Nalbandian@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 

The FAA estimates that this AD 

affects 663 airplanes of U.S. registry. 

The FAA has determined that revising 

the operator’s existing FAA-approved 

MEL, if accomplished in association 

with compliance for the requirements of 

this AD, would take an average of 90 

work-hours per operator, although the 

agency recognizes that this number may 

vary from operator to operator. Since 

operators typically incorporate MEL 

changes for their affected fleets, the 

FAA has determined that a per-operator 

estimate is more accurate than a perairplane estimate. Therefore, the FAA 

estimates the average total cost per 

operator to be $7,650 (90 work-hours × 

$85 per work-hour). 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

and 

(2) Will not affect intrastate aviation 

in Alaska. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2021–16–15 The Boeing Company: 

Amendment 39–21677; Docket No. 

FAA–2021–0614; Project Identifier AD– 

2021–00831–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective August 9, 2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

airplanes, certificated in any category, as 

identified in paragraphs (c)(1) through (3) of 

this AD. 

(1) All Model 737–8, 737–9, and 737–8200 

airplanes. 

(2) Model 737–800 series airplanes, line 

numbers 5684 and 5759 and subsequent. 

(3) Model 737–900ER series airplanes, line 

numbers 5768 and subsequent. 


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43406 Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations 

(d) Subject 

Air Transport Association (ATA) of 

America Code 21, Air conditioning. 

(e) Unsafe Condition 

This AD was prompted by the 

determination that the aft cargo fire 

suppression capability is reduced if the 

airplane is dispatched or released with failed 

electronic flow control of air conditioning 

packs. The FAA is issuing this AD to address 

this condition, which can result in an 

uncontained aft cargo compartment fire due 

to insufficient cargo fire suppression 

capability. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Conditions for Prohibited Operation 

Beginning August 19, 2021, no person may 

dispatch or release an airplane with cargo in 

the aft cargo compartment with failed 

electronic flow control of air conditioning 

packs, unless the aft cargo compartment 

remains empty, or is verified by the operator 

to contain only non-combustible and/or nonflammable empty cargo handling equipment, 

ballast, and/or fly-away kits. 

Note 1 to paragraph (g): The operator’s 

existing FAA-approved minimum equipment 

list (MEL) defines which items are approved 

for inclusion in the fly-away kits, and which 

materials may be used as ballast. 

(h) Minimum Equipment List (MEL) Items 

The master minimum equipment list 

(MMEL) items specified in paragraphs (h)(1) 

and (2) of this AD are affected by the 

prohibition specified in paragraph (g) of this 

AD, and therefore may affect the operator’s 

existing FAA-approved MEL. 

(1) For Model 737–8, 737–9, and 737–8200 

airplanes: MMEL System No. 21, Sequence 

No. 51–02–01, ‘‘Electronic Flow Control.’’ 

(2) For Model 737–800 and 737–900ER 

series airplanes: MMEL System No. 21, 

Sequence No. 02–03, ‘‘Electronic Flow 

Control.’’ 

Note 2 to paragraph (h): The MMEL items 

specified in paragraph (h) of this AD can be 

found in the applicable FAA-approved 

MMEL: Boeing 737 (B–737–100/200/300/ 

400/500/600/700/800/900/900ER) MMEL, 

Revision 61, dated July 8, 2020; and Boeing 

737 MAX (B–737–8/–8200/–9) MMEL, 

Revision 3, dated April 12, 2021. These 

MMELs can be found on the Flight Standards 

Information Management System (FSIMS) 

website, https://fsims.faa.gov/PICResults

.aspx?mode=Publication&doctype=

MMELByModel. 

(i) 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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair, 

modification, or alteration required by this 

AD if it is approved by The Boeing Company 

Organization Designation Authorization 

(ODA) that has been authorized by the 

Manager, Seattle ACO Branch, FAA, to make 

those findings. To be approved, the repair 

method, modification deviation, or alteration 

deviation must meet the certification basis of 

the airplane, and the approval must 

specifically refer to this AD. 

(j) Related Information 

For more information about this AD, 

contact Sam Nalbandian, Aerospace 

Engineer, Cabin Safety and Environmental 

Systems Section, FAA, Seattle ACO Branch, 

2200 South 216th St., Des Moines, WA 

98198; phone and fax: 206–231–3993; email: 

Samuel.K.Nalbandian@faa.gov. 

(k) Material Incorporated by Reference 

None. 

Issued on July 29, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–16972 Filed 8–5–21; 11:15 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0619; Project 

Identifier AD–2021–00789–R; Amendment 

39–21678; AD 2021–15–51] 

RIN 2120–AA64 

Airworthiness Directives; Bell Textron 

Inc. (Type Certificate Previously Held 

by Bell Helicopter Textron Inc.) 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Bell Textron Inc. (type certificate 

previously held by Bell Helicopter 

Textron Inc.) Model 204B, 205A, 205A– 

1, 205B, and 212 helicopters. This AD 

was prompted by a fatal accident in 

which an outboard main rotor hub strap 

pin (pin) sheared off during flight, 

resulting in the main rotor blade and the 

main rotor head detaching from the 

helicopter. This AD requires removing 

the pins from service before further 

flight and prohibits installing them on 

any helicopter. The FAA previously 

sent an emergency AD to all known U.S. 

owners and operators of these 

helicopters and is now issuing this AD 

to address the unsafe condition on these 

products. 

DATES: This AD is effective August 24, 

2021. Emergency AD 2021–15–51, 

issued on July 6, 2021, which contained 

the requirements of this amendment, 

was effective with actual notice. 

The FAA must receive comments on 

this AD by September 23, 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. 

For service information identified in 

this final rule, contact Bell Textron, Inc., 

P.O. Box 482, Fort Worth, TX 76101; 

telephone (450) 437–2862 or (800) 363– 

8023; fax (450) 433–0272; email 

productsupport@bellflight.com; or at 

https://www.bellflight.com/support/ 

contact-support. You may view this 

service information at the FAA, Office 

of the Regional Counsel, Southwest 

Region, 10101 Hillwood Pkwy., Room 

6N–321, Fort Worth, TX 76177. For 

information on the availability of this 

material at the FAA, call (817) 222– 

5110. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA 2021–0619; 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 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

David Wilson, Aerospace Engineer, 

DSCO Branch, Compliance & 

Airworthiness Division, FAA, 10101 

Hillwood Pkwy., Fort Worth, TX 76177; 

telephone (817) 222–5786; email 

david.wilson@faa.gov. 

SUPPLEMENTARY INFORMATION: 


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