Federal Register - October 5, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Rules and Regulations Airworthiness Limitation ADs Using the New Process The FAAs process of incorporating by reference MCAI ADs as the primary source of information for compliance with corresponding FAA ADs has been limited to certain MCAI ADs primarily those with service bulletins as the primary source of information for accomplishing the actions required by the FAA AD. However, the FAA is now expanding the process to include MCAI
ADs that require a change to airworthiness limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes airworthiness limitations, the FAA
requirements are unchanged. Operators must revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in the new airworthiness limitation document. The airworthiness limitations must be followed according to 14 CFR 91.403c and 91.409e.
The previous format of the airworthiness limitation ADs included a paragraph that specified that no alternative actions e.g., inspections or intervals may be used unless the actions and intervals are approved as an AMOC
in accordance with the procedures specified in the AMOCs paragraph under Additional FAA Provisions.
This new format includes a New Provisions for Alternative Actions and Intervals paragraph that does not specifically refer to AMOCs, but operators may still request an AMOC to use an alternative action, interval, or CDCCL.
FAAs Justification and Determination of the Effective Date There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are unnecessary, pursuant to 5 U.S.C. 553b3. In addition, for the foregoing reason, the FAA finds that good cause exists pursuant to 5 U.S.C. 553d for making this amendment effective in less than 30
days.
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Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this final rule. Send your comments to an address listed under ADDRESSES. Include Docket No.
FAA20210789; Project Identifier MCAI202001607T at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any
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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 Dan Rodina, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 2062313225; email dan.rodina@
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 without notice and comment, RFA
analysis is not required.
Costs of Compliance Currently, there are no affected U.S.registered airplanes. If an affected airplane is imported and placed on the U.S. Register in the future, the FAA
provides the following cost estimates to comply with this AD:
The FAA has determined that revising the maintenance or inspection program takes an average of 90 work-hours per operator, although the FAA recognizes
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that this number may vary from operator to operator. In the past, the FAA has estimated that this action takes 1 workhour per airplane. Since operators incorporate maintenance or inspection program changes for their affected fleets, the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. Therefore, the FAA estimates the total cost per operator to be $7,650 90 work-hours
$85 per work-hour.
Authority for This Rulemaking Title 49 of the United States Code specifies the FAAs authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more detail the scope of the Agencys authority.
The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA
with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce.
This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.
Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.
For the reasons discussed above, I
certify that this AD:
1 Is not a significant regulatory action under Executive Order 12866, and 2 Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
The Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
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