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

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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. FAA20210614
and Project Identifier AD202100831
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,
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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: 2062313993; 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 operators 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 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.
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.
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 39AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:

Authority: 49 U.S.C. 106g, 40113, 44701.
39.13

Amended
2. The FAA amends 39.13 by adding the following new airworthiness directive:

20211615 The Boeing Company:
Amendment 3921677; Docket No.
FAA20210614; Project Identifier AD
202100831T.
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 c1 through 3 of this AD.
1 All Model 7378, 7379, and 7378200
airplanes.
2 Model 737800 series airplanes, line numbers 5684 and 5759 and subsequent.
3 Model 737900ER series airplanes, line numbers 5768 and subsequent.

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