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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Rules and Regulations
cracking in the spar of the upper part of the vertical fin and fractures in the front attachment screws. This condition could lead to in-flight separation of the upper part of the vertical fin, resulting in loss of control of the helicopter. See the MCAI for additional background information.
Related IBR Material Under 1 CFR Part 51
EASA AD 20200186 describes procedures for, among other actions, repetitive visual inspections of the righthand side of the vertical fin spar for cracking and corrective action. The corrective action includes repair. EASA
AD 20200186 also describes procedures for an optional modification, which terminates the repetitive inspections.
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 These products have been approved by the aviation authority of another country, and are 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 these same type designs.

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Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD 2020
0186, described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this AD and except as discussed under Differences Between this AD and the MCAI.
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
20200186 will be incorporated by reference in the FAA final rule. This AD
would, therefore, require compliance
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with EASA AD 20200186 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
20200186 that is required for compliance with EASA AD 20200186
is available on the internet at https
www.regulations.gov by searching for and locating Docket No. FAA2021
0094.

required within 55 hours time-inservice, a time period of less than 3
months based on the average flight-hour utilization rate of these helicopters.
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.

Differences Between This AD and the MCAI
Paragraph 2 of EASA AD 20200186
specifies doing repetitive cleaning and detailed inspections of the vertical fin spar and vertical fin upper attachments.
The actions specified in paragraph 2 of EASA AD 20200186 are not required by this AD because the planned compliance time for those actions would allow enough time to provide notice and opportunity for prior public comment on the merits of those actions.
The FAA is considering additional rulemaking to address the actions specified in paragraph 2 of EASA AD
20200186.

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
20210094; Project Identifier MCAI
202100100R at the beginning of your comments. The most helpful comments reference a specific portion of the AD, 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.

FAAs Justification and Determination of the Effective Date Section 553b3B of the Administrative Procedure Act 5 U.S.C.
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 the rulemaking.
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 waiving notice and comment prior to adoption of this rule because cracking in the spar of the upper part of the vertical fin and fractures in the front attachment screws could lead to in-flight separation of the upper part of the vertical fin, resulting in loss of control of the helicopter. In addition, the initial inspection is
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 Kathleen Arrigotti, Aviation Safety Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206
2313218; email: kathleen.arrigotti@
faa.gov. Any commentary that the FAA
receives that is not specifically
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