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Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations 0191E also requires repetitive replacement of the affected bolts. EASA
considers its AD an interim action and states that further AD action may follow.
FAAs Determination These helicopters have been approved by EASA and are approved for operation in the United States. Pursuant to the FAAs bilateral agreement with the European Union, EASA has notified the FAA about the unsafe condition described in its AD. The FAA is issuing this AD after evaluating all known relevant information and determining that the unsafe condition described previously is likely to exist or develop on other helicopters of the same type design.

lotter on DSK11XQN23PROD with RULES1

Related Service Information Under 1
CFR Part 51
RNIA
The FAA reviewed WYTWO
SPRZETU KOMUNIKACYJNEGO PZLSwidnik Spo5ka Akcyjna Mandatory Bulletin No. BO3719296, dated July 30, 2019. This service information specifies procedures for repetitively inspecting the sealing compound along the edges of bracket part number P/N
39.30.205.03.01 and 39.30.213.00.00. If there is any cracked sealing compound, this service information specifies procedures for removing the hoist and prohibits installing and using the hoist until corrective action is available. If no cracks are found in the sealing compound, this service information specifies procedures for replacing the bolts with new bolts if the hoist is intended to be used and procedures for deactivating the hoist if the hoist is not intended to be used. This service information also specifies a life limit for the bracket bolts.
This service information 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.
AD Requirements For helicopters with a hoist type 76378 installed, this AD requires repetitively cleaning and inspecting the sealing compound around the bracket edges and near each nut for cracked sealing compound. If there is any cracked sealing compound, this AD
requires removing the hoist from service. If there is not any cracked sealing compound, this AD requires removing the bolts from service and installing new bolts. As an option to replacing the bolts, this AD allows deactivating the hoist, turning the circuit breaker panel switches to the OFF position, installing inoperative placards on the circuit breaker panel
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switches, and before each flight, inspecting the sealing compound. This AD also establishes a life limit for the bolts. Lastly, this AD prohibits installing an affected hoist or an affected bracket and hoist unless the actions required by this AD have been accomplished.
Differences Between This AD and the EASA AD
EASA Emergency AD 20190191E
requires using extraction naphtha, whereas this proposed AD would allow using aliphatic naphtha or extraction naphtha. This proposed AD would require removing each previouslyinstalled bracket bolt, nut, washer, and cotter pin from service, whereas EASA
AD 20190191E does not. This proposed AD would count a cycle anytime the cable is extended and then retracted during flight or on the ground, whereas EASA Emergency AD 2019
0191E does not clarify the conditions used for cycle counting. EASA
Emergency AD 20190191E allows, in lieu of replacing bolts or removing the hoist, operation of a helicopter with the hoist installed, provided the hoist is deactivated and its use is prohibited and the sealing compound of the affected bracket is inspected before each flight.
This AD allows that provision only if there is not any cracked sealing compound.
Interim Action The FAA considers this AD to be an interim action. If final action is later identified, the FAA might consider further rulemaking.
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.
There are no helicopters with this type certificate on the U.S. Registry.
Accordingly, notice and opportunity for prior public comment are unnecessary, pursuant to 5 U.S.C. 553b3B. In addition, for the foregoing reason, the FAA finds that good cause exists pursuant to 5 U.S.C. 553d for making
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this amendment effective in less than 30
days.
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. FAA20210721;
Project Identifier MCAI202000616R
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 Fred Guerin, Aerospace Engineer, General Aviation &
Rotorcraft Section, International Validation Branch, Compliance &
Airworthiness Division, FAA, 2200 S
216th St., Des Moines, WA 98198;
telephone 202 2677457; email fred.guerin@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
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