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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration 14 CFR Part 39
Docket No. FAA20210013; Project Identifier AD202100087T; Amendment 3921540; AD 20211007
RIN 2120AA64

Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration FAA, DOT.
ACTION: Final rule; request for comments.
AGENCY:

The FAA is adopting a new airworthiness directive AD for certain The Boeing Company Model 7378 and 7379 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.

SUMMARY:

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: 2024932251.
Mail: U.S. Department of Transportation, Docket Operations, M30, West Building Ground Floor, Room W12140, 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.
DATES:

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Examining the AD Docket You may examine the AD docket at https www.regulations.gov by searching for and locating Docket No.
FAA20210013; 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

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2313500; email: 9-FAA-SACO-ADInquiry@faa.gov.
SUPPLEMENTARY INFORMATION:
Background Modern transport category airplanes can remain in service for decades. To ensure that an airplanes 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 airplanes 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 FAAs 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., 22CMR01, 22CMR02, and 27CMR09, which are described in Boeing Certification Maintenance Requirements Document D626A011903, 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 Boeings 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 20202402 85
FR 74560, November 20, 2020 AD
20202402. These CMRs have also already been incorporated into the maintenance programs for all U.S.1 More detailed information on CMRs can be found in FAA Advisory Circular AC 2519A, Certification Maintenance Requirements, available at rgl.faa.gov.

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registered 737 MAX airplanes that had been delivered before the effective date of AD 20202402 and are included in the applicability of AD 20202402.
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 MOMMOM20089101B, 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 20202402, 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 operators 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 2519A, and no AMOC would be required.
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.
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 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.

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