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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Rules and Regulations 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 20210144 that is required for compliance with EASA AD 20210144
is available on the internet at https
www.regulations.gov by searching for and locating Docket No. FAA2021
0686.
Differences Between This AD and the MCAI
Paragraph 1 of EASA AD 20210144
specifies the inspection must be done within 25 flight hours or 3 months, whichever occurs first. However, this AD requires the inspection to be done within 25 hours time-in-service after the effective date of this AD.
Paragraphs 5 and 9 of EASA AD
20210144 require a repetitive inspection and corrective actions. The FAA is considering requiring these actions. However, the planned compliance time would allow enough time to provide notice and opportunity for prior public comment on the merits of those actions.
Interim Action The FAA considers this AD interim action. The inspection reports that are required by this AD will enable the manufacturer to obtain better insight into the nature, cause, and extent of the cracking, and eventually to develop final action to address the unsafe condition. Once final action has been identified, the FAA might consider further rulemaking. Additionally, the FAA is considering further rulemaking to require the repetitive inspections and corrective actions specified in paragraphs 5 and 9 of EASA AD
20210144.
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 cracking on the TR mast could lead to failure of the TR mast, with consequent loss of control of the helicopter. Additionally, based on the average flight-hour utilization rates of these helicopters, the initial inspections must be completed within about 2
months. 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 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 relevant data, views, or arguments about this AD. Send your comments to an address listed under ADDRESSES. Include Docket No. FAA
20210686; Project Identifier MCAI
202100687R 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
46767

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 Andrea Jimenez, Aerospace Engineer, COS Program Management Section, Operational Safety Branch, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 11590; phone:
516 2287330; email: andrea.jimenez@
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 133 helicopters of U.S. registry.
The FAA estimates the following costs to comply with this AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

khammond on DSKJM1Z7X2PROD with RULES

Action Inspections/Measurements.

Up to 6 work-hours $85 per hour = $510 per inspection/measurement cycle.

The FAA estimates the following costs to do any necessary on-condition
VerDate Sep<11>2014

Parts cost
Labor cost
16:42 Aug 19, 2021

Jkt 253001

Cost per product $0

Up to $510 per inspection/measurement cycle.

actions replacements, repairs, and reporting that would be required based
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Cost on U.S. operators Up to $67,830 per inspection/measurement cycle.

on the results of any required actions.
The FAA has no way of determining the
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