Federal Register - November 22, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 222 / Monday, November 22, 2021 / Rules and Regulations not limited to the section titled Required Actions and Compliance Times in EASA AD 20210237E.
Service information required by EASA
AD 20210237E for compliance will be available at https www.regulations.gov by searching for and locating Docket No.
FAA20211008 after this AD is published.
described previously is likely to exist or develop on other products of these same type designs.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD 2021
0237E described previously, except for any differences identified as exceptions in the regulatory text of this AD.
FAAs Justification and Determination of the Effective Date
Explanation of Required Compliance Information In the FAAs ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation authority CAA
ADs as the primary source of information for compliance with requirements for corresponding FAA
ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, EASA AD 2021
0237E is incorporated by reference in this AD. This AD requires compliance with EASA AD 20210237E 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 EASA AD 20210237E does not mean that operators 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
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 if the installation of the incorrect snap wire material on the
engines fire handles is not detected and corrected, this condition, combined with an engine fire, could lead to a failure of the engine fire handle to operate, possibly resulting in an uncontrolled engine fire and reduced control of the airplane. In addition, 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. 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.
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 71 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost 1 work-hour $85 per hour = $85
The FAA estimates the following costs to do any necessary on-condition action that would be required based on
Cost per product
Parts cost
the results of any required actions. The FAA has no way of determining the
$0
$85
Cost on U.S.
operators $6,035
number of aircraft that might need this on-condition action:
jspears on DSK121TN23PROD with RULES1
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Cost per product
1 work-hour $85 per hour = $85
Negligible
$85
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
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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
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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
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