Federal Register - November 19, 2021

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Source: Federal Register

Federal Register / Vol. 86, No. 221 / Friday, November 19, 2021 / Rules and Regulations heading of a particular section in EASA
AD 20210138 does not mean that operators need comply only with that section. For example, where the AD
requirement refers to all required actions and compliance times, compliance with this AD requirement is not limited to the section titled Required Actions and Compliance Times in EASA AD 20210138.
Service information required by EASA
AD 20210138 for compliance will be available at https www.regulations.gov by searching for and locating Docket No.
FAA20210880 after this AD is published.
Difference Between This AD and the MCAI
Whereas EASA AD 20210138 applies to airplanes with EASA STC 10068342
embodied, this AD applies to airplanes with U.S. STC ST04393NY embodied.
As stated previously, EASA STC
10068342 has been validated by the FAA as STC ST04393NY.

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Airworthiness Limitation ADs Using the New Process The FAAs process of incorporating by reference MCAI ADs as the primary source of information for compliance with corresponding FAA ADs has been limited to certain MCAI ADs primarily those with service bulletins as the primary source of information for accomplishing the actions required by the FAA AD. However, the FAA is now expanding the process to include MCAI
ADs that require a change to airworthiness limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes airworthiness limitations, the FAA
requirements are unchanged. Operators must revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in the new airworthiness limitation document. The airworthiness limitations must be followed according to 14 CFR 91.403c and 91.409e.
The previous format of the airworthiness limitation ADs included a paragraph that specified that no alternative actions e.g., inspections and intervals may be used unless the actions and intervals are approved as an alternative method of compliance AMOC in accordance with the procedures specified in the AMOCs paragraph under Additional AD
Provisions. This new format includes a Provisions for Alternative Actions and Intervals paragraph that does not specifically refer to AMOCs, but
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operators may still request an AMOC to use an alternative action or interval.
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.
There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are unnecessary, pursuant to 5 U.S.C. 553b3B. In addition, for the foregoing reason, the FAA finds that good cause exists pursuant to 5 U.S.C. 553d for making this amendment effective in less than 30
days.
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 Currently, there are no affected U.S.registered airplanes. For any affected airplane that may be imported and placed on the U.S. Register in the future, the FAA provides the following cost estimates to comply with this AD.
The FAA has determined that revising the maintenance or inspection program takes an average of 90 work-hours per operator, although the FAA recognizes that this number may vary from operator to operator. Since operators incorporate maintenance or inspection program 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 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
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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 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.
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:

20212206 The Boeing Company:
Amendment 3921779; Docket No.
FAA20210880; Project Identifier MCAI202100685T.
a Effective Date This airworthiness directive AD is effective December 6, 2021.

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Federal Register - November 19, 2021

TitoloFederal Register

PaeseStati Uniti

Data19/11/2021

Conteggio pagine1364

Numero di edizioni7801

Prima edizione14/03/1936

Ultima edizione24/06/2026

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