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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations an AD would be impracticable to demonstrate or track on an ongoing basis; therefore, a requirement to operate the airplane in such a manner would be unenforceable.
FAAs Justification and Determination of the Effective Date Section 553b3B 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 553d 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 consistent erroneous airspeed indications may adversely affect airplane response, in particular during the rotation phase. This unsafe condition is particularly prevalent in the large number of airplanes that are returning to service after airplanes have been parked or stored due to the COVID19 pandemic. Without reinforcing the airspeed check and providing instructions to abort take-off in certain cases, airspeed discrepancies could lead to an unstable flight path after take-off, possibly resulting in reduced control of the airplane.
Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5 U.S.C. 553b3B.

In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553d 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 relevant data, views, or arguments about this AD. Send your comments to an address listed under ADDRESSES. Include Docket No. FAA
20210540; Project Identifier MCAI
202100694T 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 Sanjay Ralhan, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 2062313223; email Sanjay.Ralhan@
faa.gov. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking.
Explanation of Special Flight Permit Limitation Once the compliance time specified in this AD has passed, special flight permits, as described in 14 CFR 21.197
and 21.199, are not allowed. As a result of the COVID19 pandemic, a large numbers of airplanes have been put in storage. For those airplanes removed from storage after the compliance time specified in this AD has passed, operators must incorporate the AFM
revision required by this AD before further flight.
Interim Action The FAA considers this AD interim action and further AD action might follow.
Regulatory Flexibility Act RFA
The requirements of the 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 204 airplanes 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
1 work-hour $85 per hour = $85

$0

$85

$17,340

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Authority for This Rulemaking Title 49 of the United States Code specifies the FAAs 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 Agencys authority.

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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
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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.

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