Federal Register - July 9, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations check on the repaired wiring if necessary, a modification of the wiring installation, and, for certain helicopters, an additional modification of the wiring installation. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.
FAAs Determination This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to the FAAs bilateral agreement with the State of Design Authority, the FAA has been notified of the unsafe condition described in the MCAI referenced above. The FAA is issuing this AD after evaluating all pertinent information and determining that the unsafe condition exists and is likely to exist or develop on other products of the same type design.
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Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD 2021
0040, described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this AD.
Explanation of Required Compliance Information In the FAAs ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a process to use certain EASA ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has since coordinated with other manufacturers and civil aviation authorities CAAs to use this process. As a result, EASA AD
20210040 is incorporated by reference in the FAA final rule. This AD will, therefore, require compliance with EASA AD 20210040 in its entirety, through that incorporation, except for any differences identified as exceptions in the regulatory text of this AD. Using common terms that are the same as the heading of a particular section in the EASA AD 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 the EASA
AD. Service information specified in EASA AD 20210040 that is required for
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compliance with EASA AD 20210040
is available on the internet at https
www.regulations.gov by searching for and locating Docket No. FAA2021
0542.
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 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 of detected smoke, burning smell during flight, and chafing of electrical wiring, which could lead to further occurrences of smoke in the cabin, or loss of function of avionics equipment, and possibly result in reduced control of the helicopter. In addition, the compliance time for the inspection of the instrument panel electrical wiring is within 25 hours time-in-service or 3 months, whichever occurs first after the effective date of this AD, which is shorter than the time necessary for the public to comment and for publication of the final rule.
Therefore, notice and opportunity for prior public comment are impracticable and contrary to 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 relevant data, views, or arguments about this AD. Send your comments to an address listed under ADDRESSES. Include Docket No. FAA
20210542; Project Identifier MCAI
202100117R at the beginning of your comments. The most helpful comments reference a specific portion of the AD,
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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 AD 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 AD.
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 LEnfant Plaza N SW, Washington, DC 20024; telephone 202
2679167; email hal.jensen@faa.gov.
Any commentary that the FAA receives that is not specifically designated as CBI
will be placed in the public docket for this rulemaking.
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 The FAA estimates that this AD
affects 10 helicopters of U.S. registry.
The FAA estimates the following costs to comply with this AD:
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