Airworthiness Directives; Airbus Helicopters, 16632-16634 [2022-06043]
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16632
Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Rules and Regulations
inadvertent and malicious changes to,
and all adverse impacts upon, airplane
equipment, systems, networks, and
other assets required for safe flight and
operations.
2. The applicant must establish
appropriate procedures to allow the
operator to ensure that continued
airworthiness of the airplane is
maintained, including all post-typecertification modifications that may
have an impact on the approved
electronic-system security safeguards.
Issued in Kansas City, Missouri, on March
18, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2022–06205 Filed 3–23–22; 8:45 am]
BILLING CODE 4910–13–P
Examining the AD Docket
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0021; Project
Identifier MCAI–2020–01088–R; Amendment
39–21994; AD 2021–03–16R1]
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) 2021–03–
16, which applied to all Airbus
Helicopters Model AS350B, AS350B1,
AS350B2, AS350B3, AS350BA,
AS350D, AS355E, AS355F, AS355F1,
AS355F2, AS355N, and AS355NP
helicopters. AD 2021–03–16 required
inspecting each sliding door and
replacing the upper rail or front roller or
removing the front roller from service if
necessary. Since the FAA issued AD
2021–03–16, inspection results and
further investigation have confirmed
that the in-flight loss of a sliding door,
which prompted AD 2021–03–16, was
an isolated case resulting from incorrect
operation and maintenance error.
Therefore, the FAA has determined that
no unsafe condition is likely to exist or
develop on the sliding doors on other
helicopters in the fleet. Accordingly, AD
2021–03–16 is removed.
DATES: This AD becomes effective
March 24, 2022.
The FAA must receive comments on
this AD by May 9, 2022.
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SUMMARY:
VerDate Sep<11>2014
16:07 Mar 23, 2022
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.
ADDRESSES:
Jkt 256001
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0021; 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, the European Union Aviation
Safety Agency (EASA) AD, 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: Matt
Fuller, AD Program Manager, General
Aviation & Rotorcraft Unit,
Airworthiness Products Section,
Operational Safety Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone 817–222–5110; email
matthew.fuller@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–2021–0021
and Project Identifier MCAI–2020–
01088–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
PO 00000
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Fmt 4700
Sfmt 4700
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 Matt Fuller, AD
Program Manager, General Aviation &
Rotorcraft Unit, Airworthiness Products
Section, Operational Safety Branch,
FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone 817–222–
5110; email matthew.fuller@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
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2020–
0175–CN, dated September 13, 2021
(EASA AD 2020–0175–CN) to cancel
EASA AD 2020–0175, dated August 5,
2020 (EASA AD 2020–0175) which was
issued to correct an unsafe condition for
all serial-numbered Airbus Helicopters
Model AS 350 and AS 355 helicopters
if equipped with a left-hand (LH)
and/or right-hand (RH) sliding door.
EASA AD 2020–0175 prompted FAA
AD 2021–03–16, Amendment 39–
21419 (86 FR 9433, February 16, 2021)
(AD 2021–03–16). AD 2021–03–16
applied to Airbus Helicopters Model
AS350B, AS350B1, AS350B2, AS350B3,
AS350BA, AS350D, AS355E, AS355F,
AS355F1, AS355F2, AS355N, and
AS355NP helicopters with any sliding
door installed. AD 2021–03–16
required, within 30 hours time-inservice, inspecting the upper rail of each
RH and LH door for parallelism,
deformation, corrosion, and cracking
and repairing or replacing the upper rail
before further flight if necessary; and
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Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Rules and Regulations
with each sliding door removed,
inspecting the front roller to determine
if it is below the minimum diameter and
height, if it has any corrosion or flat
spot, and if it is correctly installed. If
the front roller was below the minimum
diameter, below the minimum height, or
had any flat spot or corrosion, AD 2021–
03–16 required removing the front roller
from service before further flight. If the
front roller was not correctly installed,
AD 2021–03–16 required reinstalling it
correctly before further flight.
Actions Since AD 2021–03–16 Was
Issued
Since the FAA issued AD 2021–03–
16, reported inspection results and
further investigation have confirmed
that the in-flight loss of the sliding door,
which prompted EASA AD 2020–0175
and AD 2021–03–16, was an isolated
case resulting from incorrect operation
and maintenance error, and therefore no
unsafe condition is likely to exist or
develop on the affected helicopters. The
FAA is issuing this AD to remove AD
2021–03–16.
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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
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 965 helicopters of
U.S. registry affected by AD 2021–03–
16. However, the FAA notes that AD
2021–03–16 required unnecessary
inspections 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.
VerDate Sep<11>2014
16:07 Mar 23, 2022
Jkt 256001
16633
FAA’s Conclusions
List of Subjects in 14 CFR Part 39
Upon further consideration, the FAA
has determined that AD 2021–03–16 is
not necessary. Accordingly, this AD
removes AD 2021–03–16. Removal of
AD 2021–03–16 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.
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
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
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) 2021–03–16, Amendment 39–
21419 (86 FR 9433, February 16, 2021),
and
■ b. Adding the following new AD:
■
This AD adds no cost. This AD
removes AD 2021–03–16 from 14 CFR
part 39; therefore, operators are no
longer required to show compliance
with that AD.
■
Authority for This Rulemaking
2021–03–16R1 Airbus Helicopters:
Amendment 39–21994; Docket No.
FAA–2021–0021; Project Identifier
MCAI–2020–01088–R.
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.
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Frm 00009
Fmt 4700
Sfmt 4700
(a) Effective Date
This airworthiness directive (AD) becomes
effective March 24, 2022.
(b) Affected AD
This AD replaces AD 2021–03–16,
Amendment 39–21419 (86 FR 9433, February
16, 2021).
(c) Applicability
This airworthiness directive (AD) applies
to Airbus Helicopters Model AS350B,
AS350B1, AS350B2, AS350B3, AS350BA,
AS350D, AS355E, AS355F, AS355F1,
AS355F2, AS355N, and AS355NP
helicopters, certificated in any category, with
any sliding door installed.
(d) Subject
Joint Aircraft System Component (JASC)
Code 5210, Passenger/Crew Doors.
(e) Related Information
(1) For more information about this AD,
contact Matt Fuller, AD Program Manager,
General Aviation & Rotorcraft Unit,
Airworthiness Products Section, Operational
Safety Branch, FAA, 10101 Hillwood Pkwy.,
Fort Worth, TX 76177; telephone 817–222–
5110; email matthew.fuller@faa.gov.
(2) The subject of this AD is addressed in
European Union Aviation Safety Agency
(EASA) AD No. 2020–0175–CN, dated
September 13, 2021. You may view the EASA
AD on the internet at https://
www.regulations.gov by searching for and
locating it in Docket No. FAA–2021–0021.
(f) Material Incorporated by Reference
None.
E:\FR\FM\24MRR1.SGM
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16634
Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Rules and Regulations
Issued on March 17, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–06043 Filed 3–23–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 997
[Docket No. 220228–0064]
RIN 0648–BK83
U.S. Integrated Ocean Observing
System Office, Legislation; Name
Change
U.S. Integrated Ocean
Observing System (IOOS), National
Ocean Service (NOS), National Oceanic
and Atmospheric Administration
(NOAA), Department of Commerce
(DOC).
ACTION: Final rule, technical
amendment.
AGENCY:
The U.S. Integrated Ocean
Observing System Office, led by the
National Oceanic and Atmospheric
Administration (NOAA), issues this
final rule to change the name for
‘‘Regional Information Coordination
Entities (RICEs)’’ to ‘‘Regional Coastal
Observing Systems.’’ This rule has no
substantive effect.
DATES: These regulations are effective
on March 24, 2022.
FOR FURTHER INFORMATION CONTACT:
Oriana Villar at 240–533–9466 or
Oriana.Villar@noaa.gov, or at U.S. IOOS
Office, 1315 East West Highway, Suite
300, Silver Spring, MD 20910.
SUPPLEMENTARY INFORMATION: The
Integrated Coastal and Ocean
Observation System (ICOOS) Act of
2009 (Pub. L. 111–11) (ICOOS Act or
Act, codified at 33 U.S.C. 3601–3610)
and the Coordinated Ocean Observation
and Research Act of 2020 (Pub. L. 116–
271, Title I) (COORA, amending 33
U.S.C. 3601–3610), directs the President
to establish a National Integrated
Coastal and Ocean Observation System
(System). The System must ‘‘include in
situ, remote, and other coastal and
ocean observation and modeling
capabilities, technologies, data
management, communication systems,
and product development systems and
[be] designed to address regional and
national needs for ocean and coastal
information, to gather specific data on
key coastal, ocean, and Great Lakes
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SUMMARY:
VerDate Sep<11>2014
16:07 Mar 23, 2022
Jkt 256001
variables, and to ensure timely and
sustained dissemination and availability
of these data.’’ 33 U.S.C. 3601(1).
The ICOOS Act and COORA direct
the Interagency Ocean Observation
Committee (IOOC) to develop contract
certification standards and compliance
procedures for integrating regional
coastal observing systems into the
System. 33 U.S.C. 3603(c)(2)(B)(v). The
COORA Act, in amending the ICOOS
Act, replaces the term Regional
Information Coordination Entity (RICE)
with the term Regional Coastal
Observing System (RCOS). The term
‘‘‘regional coastal observing system’
means an organizational body that is
certified or established by contract or
memorandum by the lead Federal
agency designated in section 12304(c)(3)
and coordinates Federal, State, local,
tribal, and private interests at a regional
level with the responsibility of engaging
the private and public sectors in
designing, operating, and improving
regional coastal observing systems in
order to ensure the provision of data
and information that meet the needs of
user groups from the respective
regions.’’
NOAA promulgated regulations in
2014 to develop certification criteria
and procedures for integrating RICEs
into the system. (June 5, 2014; 79 FR
32449). These regulations are found at
15 CFR part 997.
By this final rule, NOAA is officially
changing the name of the Regional
Information Coordination Entity (RICE)
to reflect the new name, Regional
Coastal Observing System (RCOS), as
defined in the COORA. This change is
necessary to implement the new name
established by the COORA in the
implementing regulations. This name
change has no substantive impact.
By this final rule, NOAA is also
updating its mailing address in
997.11(b) and changing the name of the
‘‘U.S. IOOS Program Office’’ to the ‘‘U.S.
IOOS Office’’ in 997.20(b), 997.23(f)(5),
997.23(f)(5), and 997.24(a). These
changes also do not have substantive
impacts.
I. Classifications
A. Administrative Procedures Act
This rule pertains solely to the
renaming of ‘‘Regional Information
Coordination Entities (RICEs)’’ to
‘‘Regional Coastal Observing Systems
(RCOSs)’’ in an existing rule
necessitated by the Coordinated Ocean
Observation and Research Act of 2020
(Pub. L. 116–271, Title I). NOAA also is
updating its mailing address and
updating the name of the IOOS Office.
It makes no changes to the substantive
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
legal rights, obligations, or interests of
affected parties. This rule therefore is a
‘‘rule of agency organization, procedure
or practice’’ and is therefore exempt
from the notice-and-comment
requirements of 5 U.S.C. 553 under 5
U.S.C. 553(b)(A). Nor is a 30-day delay
in effective date required under 5 U.S.C.
553(d) due to the non-substantive nature
of this technical amendment.
B. Executive Order 12866: Regulatory
Impact
This rule has been determined to be
not significant within the meaning of
Executive Order 12866.
C. Paperwork Reduction Act
This rule does not contain any new or
revisions to the existing information
collection requirement that was
approved by OMB (OMB Control
Number 0648–0672, Application to be
Certified as a Regional Information
Coordination Entity) under the
Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq. Notwithstanding any
other provision of the law, no person is
required to respond to, nor shall any
person be subject to a penalty for failure
to comply with, a collection of
information subject to the requirements
of the PRA, unless that collection of
information displays a currently valid
OMB Control Number.
D. Regulatory Flexibility Act
This regulation is exempt from the
notice and comment provisions of the
Administrative Procedures Act (APA), 5
U.S.C. 553. Therefore, the requirements
of the Regulatory Flexibility Act do not
apply, 5 U.S.C. 603(a). No other rule
requires a regulatory flexibility analysis
and none has been prepared.
List of Subjects in 15 CFR Part 997
Science and technology.
Nicole R. LeBoeuf,
Assistant Administrator, for Ocean Services
and Coastal Zone Management, National
Oceanic and Atmospheric Administration.
Accordingly, for the reasons set forth
above, 15 CFR part 997 is amended as
follows:
PART 997— REGIONAL COASTAL
OBSERVING SYSTEM
1. The authority citation for part 997
is revised to read as follows:
■
Authority: 33 U.S.C. 3602–3603.
2. In part 997:
a. Revise the part heading to read as
set forth above.
■ b. Remove the text ‘‘Regional
Information Coordination Entity (RICE)’’
wherever it appears and add in its place
■
■
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Agencies
[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Rules and Regulations]
[Pages 16632-16634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06043]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0021; Project Identifier MCAI-2020-01088-R;
Amendment 39-21994; AD 2021-03-16R1]
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) 2021-03-16,
which applied to all Airbus Helicopters Model AS350B, AS350B1, AS350B2,
AS350B3, AS350BA, AS350D, AS355E, AS355F, AS355F1, AS355F2, AS355N, and
AS355NP helicopters. AD 2021-03-16 required inspecting each sliding
door and replacing the upper rail or front roller or removing the front
roller from service if necessary. Since the FAA issued AD 2021-03-16,
inspection results and further investigation have confirmed that the
in-flight loss of a sliding door, which prompted AD 2021-03-16, was an
isolated case resulting from incorrect operation and maintenance error.
Therefore, the FAA has determined that no unsafe condition is likely to
exist or develop on the sliding doors on other helicopters in the
fleet. Accordingly, AD 2021-03-16 is removed.
DATES: This AD becomes effective March 24, 2022.
The FAA must receive comments on this AD by May 9, 2022.
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-2021-0021; 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, the
European Union Aviation Safety Agency (EASA) AD, 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: Matt Fuller, AD Program Manager,
General Aviation & Rotorcraft Unit, Airworthiness Products Section,
Operational Safety Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone 817-222-5110; 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-2021-0021 and Project Identifier
MCAI-2020-01088-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 Matt
Fuller, AD Program Manager, General Aviation & Rotorcraft Unit,
Airworthiness Products Section, Operational Safety Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; 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
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0175-CN, dated September 13,
2021 (EASA AD 2020-0175-CN) to cancel EASA AD 2020-0175, dated August
5, 2020 (EASA AD 2020-0175) which was issued to correct an unsafe
condition for all serial-numbered Airbus Helicopters Model AS 350 and
AS 355 helicopters if equipped with a left-hand (LH) and/or right-hand
(RH) sliding door. EASA AD 2020-0175 prompted FAA
AD 2021-03-16, Amendment 39-21419 (86 FR 9433, February 16, 2021)
(AD 2021-03-16). AD 2021-03-16 applied to Airbus Helicopters Model
AS350B, AS350B1, AS350B2, AS350B3, AS350BA, AS350D, AS355E, AS355F,
AS355F1, AS355F2, AS355N, and AS355NP helicopters with any sliding door
installed. AD 2021-03-16 required, within 30 hours time-in-service,
inspecting the upper rail of each RH and LH door for parallelism,
deformation, corrosion, and cracking and repairing or replacing the
upper rail before further flight if necessary; and
[[Page 16633]]
with each sliding door removed, inspecting the front roller to
determine if it is below the minimum diameter and height, if it has any
corrosion or flat spot, and if it is correctly installed. If the front
roller was below the minimum diameter, below the minimum height, or had
any flat spot or corrosion, AD 2021-03-16 required removing the front
roller from service before further flight. If the front roller was not
correctly installed, AD 2021-03-16 required reinstalling it correctly
before further flight.
Actions Since AD 2021-03-16 Was Issued
Since the FAA issued AD 2021-03-16, reported inspection results and
further investigation have confirmed that the in-flight loss of the
sliding door, which prompted EASA AD 2020-0175 and AD 2021-03-16, was
an isolated case resulting from incorrect operation and maintenance
error, and therefore no unsafe condition is likely to exist or develop
on the affected helicopters. The FAA is issuing this AD to remove AD
2021-03-16.
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 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 965 helicopters of U.S. registry affected by AD
2021-03-16. However, the FAA notes that AD 2021-03-16 required
unnecessary inspections 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 2021-03-
16 is not necessary. Accordingly, this AD removes AD 2021-03-16.
Removal of AD 2021-03-16 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 2021-03-16 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) 2021-03-16, Amendment 39-21419
(86 FR 9433, February 16, 2021), and
0
b. Adding the following new AD:
2021-03-16R1 Airbus Helicopters: Amendment 39-21994; Docket No. FAA-
2021-0021; Project Identifier MCAI-2020-01088-R.
(a) Effective Date
This airworthiness directive (AD) becomes effective March 24,
2022.
(b) Affected AD
This AD replaces AD 2021-03-16, Amendment 39-21419 (86 FR 9433,
February 16, 2021).
(c) Applicability
This airworthiness directive (AD) applies to Airbus Helicopters
Model AS350B, AS350B1, AS350B2, AS350B3, AS350BA, AS350D, AS355E,
AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters,
certificated in any category, with any sliding door installed.
(d) Subject
Joint Aircraft System Component (JASC) Code 5210, Passenger/Crew
Doors.
(e) Related Information
(1) For more information about this AD, contact Matt Fuller, AD
Program Manager, General Aviation & Rotorcraft Unit, Airworthiness
Products Section, Operational Safety Branch, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; email
[email protected].
(2) The subject of this AD is addressed in European Union
Aviation Safety Agency (EASA) AD No. 2020-0175-CN, dated September
13, 2021. You may view the EASA AD on the internet at https://www.regulations.gov by searching for and locating it in Docket No.
FAA-2021-0021.
(f) Material Incorporated by Reference
None.
[[Page 16634]]
Issued on March 17, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-06043 Filed 3-23-22; 8:45 am]
BILLING CODE 4910-13-P