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Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Rules and Regulations event could result in loss of control of the airplane. At this time, the preliminary data of the ongoing accident investigation shows that it is highly unlikely that the accident resulted from the latent failure of the flap synchro wire. However, the FAA has determined that the unsafe condition identified in this AD could exist or develop in Model 737300, 400, and 500 series airplanes, and that this AD is therefore necessary to address the identified unsafe condition.
The FAA has confirmed that accomplishment of the applicable BITE
test in the existing airplane maintenance manual AMM detects the flap synchro wire failure. This test is currently not required to be performed repetitively, leading to a potential latent failure if the test is not performed regularly, which will be required by this AD.
Model 737100 and 200 series airplanes are not affected by this AD
due to an A/T design difference that is not subject to the identified unsafe condition.
FAAs 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.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing MultiOperator Message MOMMOM21
014501BR2, dated March 30, 2021.
This service information specifies procedures for performing an A/T
computer BITE test, A/T BITE TEST
LRU INTERFACE, and corrective actions to repair defects. 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.
AD Requirements This AD requires accomplishing the actions specified in the service information already described, except as discussed under Differences Between this AD and the Service Information.

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Differences Between This AD and the Service Information Boeing Multi-Operator Message MOMMOM21014501BR2, dated March 30, 2021, specifies a compliance time of 250 flight hours for the initial BITE test. However, this AD requires the
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initial BITE test within 250 flight hours or 2 months after the effective date of this AD, whichever occurs first, to ensure that airplanes with low utilization rates are addressed in a timely manner.
Interim Action The FAA considers this AD to be an interim action. If final action is later identified, the FAA might consider further rulemaking then.
Justification for Immediate Adoption 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 failure of the asymmetric cruise thrust monitor to engage during a large thrust asymmetry event could result in loss of 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 data, views, or arguments about this final rule. Send your comments to an address listed under ADDRESSES.
Include Docket No. FAA20210270
and Project Identifier AD202100352
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.

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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 Jeffrey Palmer, Aerospace Engineer, Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 907124137;
phone: 5626275351; email:
Jeffrey.W.Palmer@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 143 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this AD:

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