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Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Rules and Regulations
2302, this AD retains all of the requirements of AD 20202302. Those requirements are referenced in EASA
AD 20200264, which, in turn, is referenced in paragraph g of this AD.
Related Service Information Under 1
CFR Part 51
EASA AD 20200264 describes procedures for repetitive inspections of the main rotor mast swashplate assembly for discrepancies ceramic balls that have a hard point or sensitive axial play or both, and replacement of an affected main rotor mast assembly with a serviceable main rotor mast assembly. 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
because the FAA has evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD 2020
0264 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, in EASA
AD 20200264 is incorporated by reference in this AD. This AD, therefore, requires compliance with EASA AD
20200264 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
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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 20200264 that is required for compliance with EASA AD 20200264
is available on the internet at https
www.regulations.gov by searching for and locating Docket No. FAA2021
0096.
Interim Action The FAA considers this AD interim action and further AD action may follow.
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 defective ceramic balls in the bearing installed in the swashplate assembly of the main rotor mast assembly could lead to premature spalling of the ball itself and of the bearing, loss of function of the bearing, and overload of the main rotor mast scissor, resulting in reduced control of the helicopter. This AD adds other affected main rotor mast assemblies to those identified in AD 20202302. In addition, the compliance time for the initial instance of the repetitive inspections is 50 hours time-in-service, a time period of less than 2 months based on the average flight-hour utilization rate of these helicopters.
Accordingly, the compliance time for the required action 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, for the reasons stated above, the FAA finds that good cause exists pursuant to 5 U.S.C. 553d
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for making this amendment effective in less than 30 days.
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
20210096; Project Identifier MCAI
202100040R 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 Kathleen Arrigotti, Aerospace 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 which 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
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