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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations because it does not have an FAA type certificate.
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.
The FAA has found that the risk to the flying public justifies foregoing notice and comment prior to adoption of this rule because there are no airplanes currently on the U.S. registry and thus, it is unlikely that the FAA will receive any adverse comments or useful information about this AD from U.S.
operators. Accordingly, notice and opportunity for prior public comment are unnecessary 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.
Costs of Compliance There are currently no affected airplanes on the U.S. registry. In the event an affected airplane becomes a U.S. registered airplane, the following is an estimate of the costs to comply with this AD.
The FAA estimates that it would take .5 work-hour per airplane to comply with the inspection requirement in this AD. The average labor rate is $85 per work-hour. Based on these figures, the FAA estimates the cost of this AD to be $42.50 per airplane, per inspection cycle.
Corrective action if cracks are found would vary significantly from airplane to airplane. Therefore, the FAA is unable to estimate what the cost of corrective action would be per airplane.
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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
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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.

20211914 AERO Sp. z o.o.: Amendment 3921732; Docket No. FAA20210782;
Project Identifier MCAI202100915A.

Regulatory Flexibility Act
e Unsafe Condition This AD was prompted by mandatory continuing airworthiness information MCAI
originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI
identifies the unsafe condition as cracks in the propeller hub. The FAA is issuing this AD to detect and correct cracked propeller hubs, which could lead to loss of the propeller blade with consequent loss of airplane control.

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.
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:
PART 39AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:

Authority: 49 U.S.C. 106g, 40113, 44701.
39.13

Amended
2. The FAA amends 39.13 by adding the following new airworthiness directive:

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a Effective Date This airworthiness directive AD is effective October 27, 2021.
b Affected ADs None.
c Applicability This AD applies to AERO Sp. z o.o. Model AT3R100 airplanes, all serial numbers, certificated in any category, with an ELPROP
311P propeller installed.
d Subject Joint Aircraft System Component JASC
Code 6114, Propeller Hub Section.

f Compliance Comply with this AD within the compliance times specified, unless already done.
g Inspection and Replacement 1 Before further flight after the effective date of this AD and thereafter at intervals not to exceed 50 hours time-in-service, inspect the propeller hub for cracks in accordance with paragraphs 5.1, 5.2, and 5.4 of the Instructions in AERO Sp. z o.o Mandatory Service Bulletin EPB.01.B, Issue 1, dated May 14, 2009; or AERO Sp. z o.o Mandatory Service Bulletin EPB.02.B, Issue 1, dated July 20, 2021, as applicable to your propeller, except you are not required to contact the manufacturer. If any crack or other discrepancy is found, before further flight, repair using a method approved by the Manager, International Validation Branch, FAA, or the European Union Aviation Safety Agency EASA.
2 As of the effective date of this AD, do not install an ELPROP 311P propeller on any airplane unless the propeller hub has passed the inspection required by paragraph g1 of this AD.
h Alternative Methods of Compliance AMOCs 1 The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Validation Branch, send it to the attention of the person identified in paragraph i1 of this AD or email: 9-AVS-AIR-730-AMOC@faa.gov.

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