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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations
Differences Between This AD and the EASA AD
EASA AD 20210095 requires operators to inform all affected flight crew and medical crew members of the placard installation on the primary stretcher. However, this AD would not specifically require that action.
Interim Action The FAA considers this AD to be an interim action. If final action is later identified, the FAA might consider further rulemaking then.
Justification for Immediate Adoption 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.
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 foregoing notice and comment prior to adoption of this rule because a design deficiency which affects the primary stretcher unit of the 3-stretcher kit, if not addressed, could lead, in case of an emergency landing, to failure of the primary stretcher, possibly resulting in injury to helicopter
occupants. 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 forego notice and comment.
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. FAA20210452;
Project Identifier MCAI202100388R
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 Andrea Jimenez, Aerospace Engineer, COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600
Stewart Ave., Mail Stop: Room 410, Westbury, NY 11590; phone: 516 228
7330; email: andrea.jimenez@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.
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 prior notice and comment, RFA analysis is not required.
Costs of Compliance The FAA estimates that this AD
affects 129 helicopters of U.S. Registry.
Labor rates are estimated at $85 per work-hour. Based on these numbers, the FAA estimates the following costs to comply with this AD.

ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per product
Cost on U.S.
operators
1 work-hour $85 per hour = $85

$10

$95

$12,255

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The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators.
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
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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
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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.

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