Federal Register - July 12, 2021
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Source: Federal Register
36492
Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Rules and Regulations
applies to Models AA1, AA1A, AA
1B, AA1C, and AA5 airplanes. Also, this AD only requires the Part B
inspection and repair from True Flight SB195, Revision A. Actions for the airplanes not affected by this AD are specified in Part A of True Flight SB
195, Revision A, thus the reason for reduced applicability. In addition, True Flight SB195, Revision A, specifies a reporting requirement, but this AD does not.
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 cracks, buckles, corrosion, delamination, rust, and previous repair of the horizontal stabilizers could result in reduced integrity and lead to loss of control of the airplane. Additionally, the compliance time for the inspection of the horizontal stabilizers is within 25
hours time-in-service or before the next 100 hour or annual inspection, whichever occurs first, a time period of up to 3 months based on the average utilization rate of these airplanes. This time period is shorter than the time necessary for the public to comment and for publication of the final rule.
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. FAA20210541
and Project Identifier AD202100453
A 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 Caplan, Aviation Safety Engineer, Atlanta ACO Branch, FAA, 1701 Columbia Avenue, College Park, GA 30337. 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 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 1,113 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this AD:
ESTIMATED COSTS
Cost per product
Action
Labor cost
Parts cost
Inspection for delamination and corrosion.
3 work-hours $85 per hour =
$255.
Not applicable
The FAA estimates the following costs to do any necessary repairs that
would be required based on the results of the inspection. The agency has no
$255
Cost on U.S.
operators $283,815
way of determining the number of airplanes that might need these repairs:
khammond on DSKJM1Z7X2PROD with RULES
ON-CONDITION COSTS
Labor cost
Installation of rivets and repair of bondlines of the horizontal stabilizers.
Treatment of inside of the horizontal stabilizers with corrosion inhibitor.
8 work-hours $85 per hour = $680
$115
$795
1 work-hour $85 per hour = $85
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Parts cost
Cost per product
Action
12JYR1