Airworthiness Directives; Airbus Helicopters, 62719-62721 [2021-24544]
Download as PDF
Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Rules and Regulations
(a) Effective Date
This airworthiness directive (AD) is
effective December 17, 2021.
(b) Affected ADs
This AD replaces AD 2021–05–16,
Amendment 39–21459 (86 FR 17287, April 2,
2021).
(c) Applicability
This AD applies to Pratt & Whitney
Division (PW) PW4164, PW4164–1D,
PW4168, PW4168–1D, PW4168A, PW4168A–
1D, and PW4170 model turbofan engines
with low-pressure turbine (LPT) 4th-stage air
sealing ring segment assemblies, part number
(P/N) 50N463–01, P/N 50N526–01, or FAAapproved equivalent part numbers, installed.
(d) Subject
Joint Aircraft System Component (JASC)
Code 7250, Turbine Section.
(e) Unsafe Condition
This AD was prompted by several reports
from the manufacturer concerning LPT 4thstage vane cluster assemblies leaning back
and notching into the rotating LPT 4th-stage
blades, causing some blades to fracture and
release. A manufacturer investigation into
those reports determined that the leaning
back of the LPT 4th-stage vane cluster
assemblies was caused by damage to the LPT
4th-stage air sealing ring segment assemblies.
The FAA is issuing this AD to prevent
damage to the LPT 4th-stage air sealing ring
segment assemblies, the LPT case, and the
LPT 4th-stage blades. The unsafe condition,
if not addressed, could result in uncontained
release of the LPT 4th-stage blades, damage
to the engine, and damage to the airplane.
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) For affected engines that have either the
Talon IIA outer combustion chamber
assembly, P/N 51J100 or P/N 51J382, or the
Talon IIB outer combustion chamber
assembly, P/N 51J381 or P/N 51J500,
installed, at the next engine shop visit after
the effective date of this AD, remove from
service the LPT 4th-stage air sealing ring
segment assemblies, P/N 50N463–01, P/N
50N526–01, or FAA-approved equivalent
part numbers, and replace with parts eligible
for installation.
(2) For affected engines not referenced in
paragraph (g)(1) of this AD, at the next LPT
overhaul after the effective date of this AD,
remove from service the LPT 4th-stage air
sealing ring segment assemblies, P/N
50N463–01, P/N 50N526–01, or FAAapproved equivalent part numbers, and
replace with parts eligible for installation.
(3) For all affected engines, at each LPT
overhaul after compliance with the required
actions in paragraph (g)(1) or (2) of this AD,
remove from service the LPT 4th-stage air
sealing ring segment assemblies, P/N
50N526–01 or FAA-approved equivalent part
numbers, and replace with parts eligible for
installation.
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(4) During each replacement of the LPT
4th-stage air sealing ring segment assemblies
required by paragraphs (g)(1) through (3) of
this AD, perform a dimensional inspection of
the LPT case for bulging in accordance with
the Accomplishment Instructions, paragraph
2, of PW Alert Service Bulletin No. PW4G–
100–A72–262 Revision No. 1, dated
September 3, 2020 (the ASB).
(5) If, during the dimensional inspection of
the LPT case required by paragraph (g)(4) of
this AD, any LPT case found to be outside
the serviceable limits specified in Table 1:
Serviceable Limits and Repairs of the ASB,
repair or replace the LPT case before further
flight.
(h) Definitions
For the purpose of this AD:
(1) An ‘‘engine shop visit’’ is the induction
of an engine into the shop for maintenance
involving the separation of pairs of major
mating engine flanges H through P. The
separation of engine flanges solely for the
purpose of transportation without subsequent
engine maintenance does not constitute an
engine shop visit.
(2) An ‘‘LPT overhaul’’ is when the LPT
rotor is removed from the engine, all four
disks are removed from the LPT rotor, and all
blades are removed from the disks.
(3) ‘‘Parts eligible for installation’’ are LPT
4th-stage air sealing ring segment assemblies,
P/N 50N526–01, or FAA-approved equivalent
part numbers, with zero flight cycles since
new or with a P/N not mentioned in this AD.
(i) Credit for Previous Actions
You may take credit for the dimensional
inspection of the LPT case for bulging
required by paragraph (g)(4) of this AD if the
inspection was performed before the effective
date of this AD using PW ASB PW4G–100–
A72–262 Original Issue, dated October 22,
2019.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, ECO Branch, FAA, has
the authority to approve AMOCs for this AD,
if requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to the attention of the person
identified in paragraph (k) of this AD.
Information may be emailed to: ANE-ADAMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(k) Related Information
For more information about this AD,
contact Carol Nguyen, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone: (781)
238–7655; fax: (781) 238–7199; email:
carol.nguyen@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
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62719
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(3) The following service information was
approved for IBR on May 7, 2021 (86 FR
17287, April 2, 2021).
(i) Pratt & Whitney Alert Service Bulletin
No. PW4G–100–A72–262, Revision No. 1,
dated September 3, 2020.
(ii) [Reserved]
(4) For Pratt & Whitney service information
identified in this AD, contact Pratt &
Whitney, 400 Main Street, East Hartford, CT
06118; phone: (800) 565–0140; email:
help24@pw.utc.com; website: https://
fleetcare.prattwhitney.com.
(5) You may view this service information
at FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (781) 238–7759.
(6) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
Issued on October 15, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–24574 Filed 11–10–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–1131; Project
Identifier MCAI–2020–00613–R; Amendment
39–21816; AD 2021–05–02]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; removal; request for
comments.
AGENCY:
The FAA is removing
Airworthiness Directive (AD) 2021–05–
02, which applied to all Airbus
Helicopters Model AS350B, AS350BA,
AS350B1, AS350B2, AS350B3, AS350C,
and AS350D helicopters; Model
AS355E, AS355F, AS355F1, AS355F2,
AS355N, and AS355NP helicopters; and
Model EC130B4 and EC130T2
helicopters. AD 2021–05–02 required
determining whether the helicopter has
SUMMARY:
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62720
Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Rules and Regulations
been operated in a severe environment
since the last inspection of the main
rotor hub-to-mast attachment screws, an
inspection of the main rotor hub-to-mast
attachment screws if the helicopter has
been operated in a severe environment,
and replacement of the main rotor hubto-mast attachment screws if necessary,
as specified in a European Aviation
Safety Agency (now European Union
Aviation Safety Agency) (EASA) AD,
which was incorporated by reference.
Since the FAA issued AD 2021–05–02,
reported inspection results and further
investigation have confirmed that the
report of failed main rotor hub-to-mast
attachment screws, which prompted AD
2021–05–02, was an isolated case which
resulted from a maintenance mistake.
Therefore, the FAA has determined that
no unsafe condition is likely to exist or
develop on the main rotor hub-to-mast
attachment screws on other helicopters
in the fleet. Accordingly, AD 2021–05–
02 is removed.
DATES: This AD becomes effective
November 12, 2021.
The FAA must receive comments on
this AD by December 27, 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: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
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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.
FAA–2020–1131; 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 address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Hal
Jensen, Aerospace Engineer, Operational
Safety Branch, Compliance &
VerDate Sep<11>2014
15:55 Nov 10, 2021
Jkt 256001
Airworthiness Division, FAA, 950
L’Enfant Plaza N SW, Washington, DC
20024; phone: (202) 267–9167; email:
hal.jensen@faa.gov.
SUPPLEMENTARY INFORMATION:
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. FAA–2020–1131;
Project Identifier MCAI–2020–00613–R’’
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,
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 Hal Jensen, Aerospace
Engineer, Operational Safety Branch,
Compliance & Airworthiness Division,
FAA, 950 L’Enfant Plaza N SW,
Washington, DC 20024; phone: (202)
267–9167; email: hal.jensen@faa.gov.
Any commentary that the FAA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
Background
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
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Fmt 4700
Sfmt 4700
2017–0032–CN, dated August 11, 2021
(EASA AD 2017–0032–CN) (also
referred to as the Mandatory Continuing
Airworthiness Information, or the
MCAI), to cancel EASA AD 2017–0032,
dated February 17, 2017; corrected
February 20, 2017 (EASA AD 2017–
0032) which was issued to correct an
unsafe condition for all Airbus
Helicopters Model AS 350 B, AS 350
BA, AS 350 BB, AS 350 B1, AS 350 B2,
AS 350 B3, and AS 350 D helicopters;
AS 355 E, AS 355 F, AS 355 F1, AS 355
F2, AS 355 N, and AS 355 NP
helicopters; and EC 130 B4 and EC 130
T2 helicopters. EASA AD 2017–0032
prompted FAA AD 2021–05–02,
Amendment 39–21445 (86 FR 13982,
March 12, 2021) (AD 2021–05–02).
Model AS 350 BB helicopters are not
certificated by the FAA and are not
included on the U.S. type certificate
data sheet; AD 2021–05–02 therefore
did not include those helicopters in the
applicability. AD 2021–05–02 also
applied to Airbus Helicopter Model AS
350C helicopters because these
helicopters have a similar design and
are included on the U.S. type certificate
data sheet. AD 2021–05–02 applied to
all Airbus Helicopters Model AS350B,
AS350BA, AS350B1, AS350B2,
AS350B3, AS350C, and AS350D
helicopters; Model AS355E, AS355F,
AS355F1, AS355F2, AS355N, and
AS355NP helicopters; and Model
EC130B4 and EC130T2 helicopters. AD
2021–05–02 required determining
whether the helicopter has been
operated in a severe environment since
the last inspection of the main rotor
hub-to-mast attachment screws, an
inspection of the main rotor hub-to-mast
attachment screws if the helicopter has
been operated in a severe environment,
and replacement of the main rotor hubto-mast attachment screws if necessary.
Actions Since AD 2021–05–02 Was
Issued
Since the FAA issued AD 2021–05–
02, reported inspection results and
further investigation have confirmed
that the report of failed main rotor hubto-mast attachment screws, which
prompted EASA AD 2017–0032 and AD
2021–05–02, was an isolated case which
resulted from a maintenance mistake,
and therefore no unsafe condition is
likely to exist or develop on the affected
helicopters. The FAA is issuing this AD
to remove AD 2021–05–02.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies
to dispense with notice and comment
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Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Rules and Regulations
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 553(d) of the APA
authorizes agencies to make rules
effective in less than thirty days, upon
a finding of good cause.
There are currently 1,220 helicopters
of U.S. registry affected by AD 2021–05–
02. However, the FAA notes that AD
2021–05–02 requires unnecessary
maintenance actions because the
identified unsafe condition does not
exist on these helicopters. Therefore, it
is unlikely that the FAA would receive
any adverse comments or useful
information about this AD from U.S.
operators that would cause a need for
public comment prior to adoption.
Accordingly, notice and opportunity for
prior public comment are unnecessary,
pursuant to 5 U.S.C. 553(b)(3)(B). In
addition, for the foregoing reasons, the
FAA finds that good cause exists
pursuant to 5 U.S.C. 553(d) for making
this amendment effective in less than 30
days.
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.
(c) Applicability
This action applies to all Airbus
Helicopters, certificated in any category, as
identified in paragraphs (c)(1) through (3) of
this AD.
(1) Model AS350B, AS350BA, AS350B1,
AS350B2, AS350B3, AS350C, and AS350D
helicopters.
(2) Model AS355E, AS355F, AS355F1,
AS355F2, AS355N, and AS355NP
helicopters.
(3) Model EC130B4 and EC130T2
helicopters.
Regulatory Findings
(d) Subject
Joint Aircraft System Component (JASC)
Code 6200, Main Rotor System.
List of Subjects in 14 CFR Part 39
BILLING CODE 4910–13–P
FAA’s Conclusions
Upon further consideration, the FAA
has determined that AD 2021–05–02 is
no longer necessary. Accordingly, this
AD removes AD 2021–05–02. Removal
of AD 2021–05–02 does not preclude
the FAA from issuing another related
action or commit the FAA to any course
of action in the future.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
DEPARTMENT OF TRANSPORTATION
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
14 CFR Part 71
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 FAA
has determined that it has good cause to
adopt this rule without prior notice and
comment, RFA analysis is not required.
PART 39—AIRWORTHINESS
DIRECTIVES
Amendment of VOR Federal Airways
V–31, V–36, V–84, V–252, and V–510 in
the Vicinity of Buffalo, NY
Related Costs of Compliance
This AD adds no cost. This AD
removes AD 2021–05–02 from 14 CFR
part 39; therefore, operators are no
longer required to show compliance
with that AD.
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62721
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s 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 Agency’s
authority.
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15:55 Nov 10, 2021
Jkt 256001
The FAA determined that 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.
Adoption of the Amendment
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
■ a. Removing Airworthiness Directive
(AD) 2021–05–02, Amendment 39–
21445 (86 FR 13982, March 12, 2021),
and
■ b. Adding the following new AD:
■
2021–05–02 Airbus Helicopters: Docket No.
FAA–2020–1131; Project Identifier
MCAI–2020–00613–R.
(a) Effective Date
This airworthiness directive (AD) becomes
effective November 12, 2021.
(b) Affected AD
This AD replaces AD 2021–05–02,
Amendment 39–21445 (86 FR 13982, March
12, 2021).
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Fmt 4700
Sfmt 4700
(e) Related Information
For more information about this AD,
contact Hal Jensen, Aerospace Engineer,
Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L’Enfant
Plaza N SW, Washington, DC 20024; phone:
(202) 267–9167; email: hal.jensen@faa.gov.
(f) Material Incorporated by Reference
None.
Issued on November 4, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–24544 Filed 11–10–21; 8:45 am]
Federal Aviation Administration
[Docket No. FAA–2020–0496; Airspace
Docket No. 20–AEA–1]
RIN 2120–AA66
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule
AGENCY:
This action amends VHF
Omnidirectional Range (VOR) Federal
airways V–31, V–36, V–84, V–252, and
V–510. This action is necessary due to
the planned decommissioning of the
VOR portion of the Buffalo, NY, VOR/
Distance Measuring Equipment (VOR/
DME) navigational aid, which provides
navigational guidance for these airways.
The Buffalo VOR is being
decommissioned as part of the FAA’s
VOR Minimum Operational Network
(MON) program.
The VOR Federal airways V–2, V–14,
V–33, and V–164 modifications
proposed in the notice of proposed
rulemaking have been accomplished by
separate rules subsequently published.
SUMMARY:
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Agencies
[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Rules and Regulations]
[Pages 62719-62721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24544]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-1131; Project Identifier MCAI-2020-00613-R;
Amendment 39-21816; AD 2021-05-02]
RIN 2120-AA64
Airworthiness Directives; Airbus Helicopters
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; removal; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is removing Airworthiness Directive (AD) 2021-05-02,
which applied to all Airbus Helicopters Model AS350B, AS350BA, AS350B1,
AS350B2, AS350B3, AS350C, and AS350D helicopters; Model AS355E, AS355F,
AS355F1, AS355F2, AS355N, and AS355NP helicopters; and Model EC130B4
and EC130T2 helicopters. AD 2021-05-02 required determining whether the
helicopter has
[[Page 62720]]
been operated in a severe environment since the last inspection of the
main rotor hub-to-mast attachment screws, an inspection of the main
rotor hub-to-mast attachment screws if the helicopter has been operated
in a severe environment, and replacement of the main rotor hub-to-mast
attachment screws if necessary, as specified in a European Aviation
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD,
which was incorporated by reference. Since the FAA issued AD 2021-05-
02, reported inspection results and further investigation have
confirmed that the report of failed main rotor hub-to-mast attachment
screws, which prompted AD 2021-05-02, was an isolated case which
resulted from a maintenance mistake. Therefore, the FAA has determined
that no unsafe condition is likely to exist or develop on the main
rotor hub-to-mast attachment screws on other helicopters in the fleet.
Accordingly, AD 2021-05-02 is removed.
DATES: This AD becomes effective November 12, 2021.
The FAA must receive comments on this AD by December 27, 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: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-1131; 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 address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
950 L'Enfant Plaza N SW, Washington, DC 20024; phone: (202) 267-9167;
email: [email protected].
SUPPLEMENTARY INFORMATION:
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. FAA-2020-1131; Project Identifier MCAI-
2020-00613-R'' 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, 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 Hal
Jensen, Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; phone: (202) 267-9167; email: [email protected]. Any commentary
that the FAA receives which is not specifically designated as CBI will
be placed in the public docket for this rulemaking.
Background
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2017-0032-CN, dated August 11, 2021
(EASA AD 2017-0032-CN) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to cancel EASA AD 2017-0032,
dated February 17, 2017; corrected February 20, 2017 (EASA AD 2017-
0032) which was issued to correct an unsafe condition for all Airbus
Helicopters Model AS 350 B, AS 350 BA, AS 350 BB, AS 350 B1, AS 350 B2,
AS 350 B3, and AS 350 D helicopters; AS 355 E, AS 355 F, AS 355 F1, AS
355 F2, AS 355 N, and AS 355 NP helicopters; and EC 130 B4 and EC 130
T2 helicopters. EASA AD 2017-0032 prompted FAA AD 2021-05-02, Amendment
39-21445 (86 FR 13982, March 12, 2021) (AD 2021-05-02). Model AS 350 BB
helicopters are not certificated by the FAA and are not included on the
U.S. type certificate data sheet; AD 2021-05-02 therefore did not
include those helicopters in the applicability. AD 2021-05-02 also
applied to Airbus Helicopter Model AS 350C helicopters because these
helicopters have a similar design and are included on the U.S. type
certificate data sheet. AD 2021-05-02 applied to all Airbus Helicopters
Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, and AS350D
helicopters; Model AS355E, AS355F, AS355F1, AS355F2, AS355N, and
AS355NP helicopters; and Model EC130B4 and EC130T2 helicopters. AD
2021-05-02 required determining whether the helicopter has been
operated in a severe environment since the last inspection of the main
rotor hub-to-mast attachment screws, an inspection of the main rotor
hub-to-mast attachment screws if the helicopter has been operated in a
severe environment, and replacement of the main rotor hub-to-mast
attachment screws if necessary.
Actions Since AD 2021-05-02 Was Issued
Since the FAA issued AD 2021-05-02, reported inspection results and
further investigation have confirmed that the report of failed main
rotor hub-to-mast attachment screws, which prompted EASA AD 2017-0032
and AD 2021-05-02, was an isolated case which resulted from a
maintenance mistake, and therefore no unsafe condition is likely to
exist or develop on the affected helicopters. The FAA is issuing this
AD to remove AD 2021-05-02.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment
[[Page 62721]]
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 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
There are currently 1,220 helicopters of U.S. registry affected by
AD 2021-05-02. However, the FAA notes that AD 2021-05-02 requires
unnecessary maintenance actions because the identified unsafe condition
does not exist on these helicopters. Therefore, it is unlikely that the
FAA would receive any adverse comments or useful information about this
AD from U.S. operators that would cause a need for public comment prior
to adoption. Accordingly, notice and opportunity for prior public
comment are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In
addition, for the foregoing reasons, the FAA finds that good cause
exists pursuant to 5 U.S.C. 553(d) for making this amendment effective
in less than 30 days.
FAA's Conclusions
Upon further consideration, the FAA has determined that AD 2021-05-
02 is no longer necessary. Accordingly, this AD removes AD 2021-05-02.
Removal of AD 2021-05-02 does not preclude the FAA from issuing another
related action or commit the FAA to any course of action in the future.
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 FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Related Costs of Compliance
This AD adds no cost. This AD removes AD 2021-05-02 from 14 CFR
part 39; therefore, operators are no longer required to show compliance
with that AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's 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 Agency's 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.
Regulatory Findings
The FAA determined that 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 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2021-05-02, Amendment 39-21445
(86 FR 13982, March 12, 2021), and
0
b. Adding the following new AD:
2021-05-02 Airbus Helicopters: Docket No. FAA-2020-1131; Project
Identifier MCAI-2020-00613-R.
(a) Effective Date
This airworthiness directive (AD) becomes effective November 12,
2021.
(b) Affected AD
This AD replaces AD 2021-05-02, Amendment 39-21445 (86 FR 13982,
March 12, 2021).
(c) Applicability
This action applies to all Airbus Helicopters, certificated in
any category, as identified in paragraphs (c)(1) through (3) of this
AD.
(1) Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C,
and AS350D helicopters.
(2) Model AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP
helicopters.
(3) Model EC130B4 and EC130T2 helicopters.
(d) Subject
Joint Aircraft System Component (JASC) Code 6200, Main Rotor
System.
(e) Related Information
For more information about this AD, contact Hal Jensen,
Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; phone: (202) 267-9167; email: [email protected].
(f) Material Incorporated by Reference
None.
Issued on November 4, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-24544 Filed 11-10-21; 8:45 am]
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