[Federal Register Volume 85, Number 225 (Friday, November 20, 2020)]
[Rules and Regulations]
[Pages 74260-74261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25864]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2019-0200]


 Operators of Boeing Company Model 737-8 and Boeing Company Model 
737-9 Airplanes: Rescission of Emergency Order of Prohibition

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notification of Rescission of Emergency Order of Prohibition.

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SUMMARY: The Emergency Order of Prohibition issued March 13, 2019, 
which restricted the operation of Boeing Company Model 737-8 and Boeing 
Company Model 737-9 airplanes, is rescinded, with effect as described 
in the rescission.

DATES: The Rescission of the Emergency Order of Prohibition is 
effective November 18, 2020 as to any Boeing Company Model 737-8 and 
737-9 airplanes that hereafter receive FAA airworthiness certificates 
and export certificates of airworthiness, and any foreign-registered 
Boeing Company Model 737-8 and 737-9 airplanes operating in U.S. 
airspace. The Rescission of the Emergency Order of Prohibition is 
effective upon publication in the Federal Register of Airworthiness 
Directive 2020-24-02 as to all U.S.-registered Boeing Company Model 
737-8 and 737-9 airplanes.

FOR FURTHER INFORMATION CONTACT: Ian Won, Federal Aviation 
Administration, Aircraft Certification Service, Seattle ACO Branch, 
2200 South 216th Street, Des Moines, WA 98198 (Email: [email protected]; Tel: 206-231-3500).

SUPPLEMENTARY INFORMATION: The full text of the Rescission of the 
Emergency Order of Prohibition issued November 18, 2020 is set forth 
below:

Rescission of Emergency Order of Prohibition

    The Federal Aviation Administration (FAA) Emergency Order of 
Prohibition issued March 13, 2019, applicable to Boeing Company Model 
737-8 and Boeing Company Model 737-9 airplanes, is rescinded with 
effect as described below. This rescission enables operation of Boeing 
Company Model 737-8 and Boeing Company Model 737-9 airplanes only upon 
satisfaction of applicable requirements for return to service.

Background

    When the Administrator determines that an emergency exists related 
to safety in air commerce and requires immediate action, the 
Administrator may issue immediately effective orders to meet the 
emergency. See 49 U.S.C. 46105(c). On March 13, 2019, upon receiving 
information indicating the possibility of a shared cause for accidents 
involving Boeing Model 737-8 airplanes operated by Lion Air (Flight 
610) on October 29, 2018 and Ethiopian Airlines (Flight 302) on March 
10, 2019, the FAA determined that an emergency existed and issued an 
Emergency Order of Prohibition that restricted the operation of Boeing 
Company Model 737-8 and Boeing Company Model 737-9 airplanes. See 84 FR 
9705. Following issuance of such an order, the FAA is to begin a 
proceeding immediately about the emergency and give preference, when 
practicable, to the proceeding. See 49 U.S.C. 46105(c).

Basis for Rescission

    The FAA determined that the Lion Air and Ethiopian Airlines 
accidents involved a common cause, identified an unsafe condition that 
existed in the product and was likely to exist or

[[Page 74261]]

develop in other products of the same type design, and began 
proceedings to address the unsafe condition. On August 6, 2020, the FAA 
issued a notice of proposed rulemaking (NPRM) proposing an 
Airworthiness Directive that would apply to U.S.-registered Boeing 
Company Model 737-8 and Boeing Company Model 737-9 airplanes and would 
require owners and operators to complete certain corrective action 
necessary to address the unsafe condition. See 85 FR 47698. On November 
18, 2020, after considering public comments on the NPRM, the FAA issued 
Airworthiness Directive 2020-24-02 as a final rule that requires 
certain corrective action to address the unsafe condition before 
further flight and conforms the aircraft to the amended Model 737-8 and 
737-9 type designs that FAA approved on November 17, 2020. The 
Airworthiness Directive will become effective upon its publication in 
the Federal Register.
    Together, the Airworthiness Directive and the design approval 
address the unsafe condition as to the existing U.S.-registered fleet 
of Boeing Company Model 737-8 and 737-9 airplanes and as to any Model 
737-8 and 737-9 airplanes for which The Boeing Company hereafter seeks 
airworthiness certificates and export certificates of airworthiness. It 
is now practicable for the FAA to give preference to the proceedings 
that the FAA began in response to the emergency.
    First, the Emergency Order of Prohibition is no longer necessary as 
to any Boeing Company Model 737-8 and 737-9 airplanes that hereafter 
receive original FAA airworthiness certificates and export certificates 
of airworthiness based on the amended type designs.
    Second, for any Boeing Company Model 737-8 and 737-9 airplanes not 
falling into that first category, the Emergency Order of Prohibition is 
unnecessary as to foreign-registered airplanes operating in U.S. 
airspace. With respect to foreign-registered Boeing Company Model 737-8 
and 737-9 airplanes, the FAA will apply Article 33 and Annex 8 of the 
Convention on International Civil Aviation (the Chicago Convention) to 
take appropriate action to restrict access to U.S. airspace and address 
any non-compliance with U.S. laws where the foreign civil aviation 
authority of the state of registry does not require conformance with 
the newly amended type design or an alternative that achieves at least 
an equivalent level of safety.
    Finally, upon the publication of Airworthiness Directive 2020-24-02 
in the Federal Register, the legal force of that Airworthiness 
Directive will supersede any need to apply the Emergency Order of 
Prohibition as to the existing U.S.-registered fleet of Boeing Company 
Model 737-8 and 737-9 airplanes that the FAA previously certificated. 
With respect to those airplanes, Airworthiness Directive 2020-24-02 
requires corrective action before further flight.
    Importantly, in the scenarios identified above, before returning 
Boeing Company Model 737-8 and 737-9 airplanes to service, operators 
must also meet all other applicable requirements, such as completing 
new training for pilots and conducting maintenance activity.

Rescission

    For the foregoing reasons, the March 13, 2019 Emergency Order of 
Prohibition is rescinded as follows:
    (1) Effective immediately as to any Boeing Company Model 737-8 and 
737-9 airplanes that hereafter receive FAA airworthiness certificates 
and export certificates of airworthiness;
    (2) Effective immediately as to any foreign-registered Boeing 
Company Model 737-8 and 737-9 airplanes operating in U.S. airspace; and
    (3) Effective upon publication in the Federal Register of 
Airworthiness Directive 2020-24-02 as to all U.S.-registered Boeing 
Company Model 737-8 and 737-9 airplanes.

Rescission Contact Official

    Direct any questions concerning this rescission, to Ian Won, 
Federal Aviation Administration, Aircraft Certification Service, 
Seattle ACO Branch, 2200 South 216th Street, Des Moines, WA 98198 
(Email: 9/FAA/SACO/[email protected]; Tel: 206-231-3500).

    Issued in Washington, DC, on November 18, 2020.
Steve Dickson,
Administrator.
[FR Doc. 2020-25864 Filed 11-18-20; 4:15 pm]
BILLING CODE 4910-13-P