Federal Register - December 20, 2021
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Source: Federal Register
khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 241 / Monday, December 20, 2021 / Rules and Regulations manufactured for military use. The FAA did not limit this AD to these TC
holders because the FAA expects that additional TC holders of helicopters are subject to this same unsafe condition.
overhaul. Finally, this AD requires, within 10 calendar days after completing each LCTA overhaul required by this AD, reporting certain information to the FAA.
FAAs Determination The FAA is issuing this AD because the agency has determined the unsafe condition described previously is likely to exist or develop in other products of the same type design.
Interim Action The FAA considers this AD to be an interim action. The FAA is currently considering requiring overhaul of the LCTA at different time intervals or takeoff and lift cycles. However, the planned compliance time for those actions would allow enough time to provide notice and opportunity for prior public comment on the merits of those actions. Additionally, the inspection reports that are required by this AD will enable the FAA to obtain better insight into the cause of the unsafe condition and to eventually develop final action to address the unsafe condition. Once final action has been identified, the FAA
might consider further rulemaking.
AD Requirements This AD requires, within 3 calendar days after the effective date of the AD, determining the hours TIS and lift cycles since last overhaul for each LCTA. If LCTA lift cycles cannot be determined, counting 6 lift cycles for each hour TIS is required. For purposes of this AD, a lift cycle is defined as takeoff from ground for flight, a lift of a new external load while in flight, or a lift of a new internal load while in flight e.g., fluid drawn into an internal tank.
If the last LCTA overhaul was not approved for return to service by a person that meets the requirements of 14 CFR part 43, or, if you are unable to establish hours TIS and lift cycles since last overhaul of an LCTA e.g., hours TIS and lift cycles for each LCTA were not tracked, this AD requires, within 10
calendar days after the effective date of the AD, and thereafter at intervals not to exceed 3,000 hours TIS or 18,000 lift cycles, whichever occurs first, overhauling that LCTA. For purposes of any overhaul required by this AD, the overhaul must include an inspection of each acme screw for wear and cracking, lubricating all drive threads and gears, and a test to ensure proper operation of the extend and retract travel limit switches.
If the last LCTA overhaul was approved for return to service by a person that meets the requirements of 14 CFR part 43, overhauling the LCTA
as described in this AD is required within 500 hours TIS or 3,000 lift cycles since last overhaul, whichever occurs first; or within 90 days after the effective date of the AD, whichever occurs later.
Thereafter, overhauling each LCTA at intervals not to exceed 3,000 hours TIS
or 18,000 lift cycles, whichever occurs first, is required.
This AD also prohibits, as of the ADs effective date, installing any LCTA on any helicopter unless it has been approved for return to service by a person that meets the requirements of 14 CFR part 43 after an overhaul as described in this AD, and that LCTA has not been in service for more than 3,000
hours TIS or 18,000 lift cycles since that
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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 the LCTAs are critical flight control components with design elements that must be properly and regularly maintained to ensure continued safe flight of the identified rotorcraft. The two reported in-service events evidence a deficiency in the maintenance of the LCTAs that must be resolved. Additionally, the compliance time for some of the required actions is within 3 calendar days after the effective date of this AD, which 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.
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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. FAA20210951
and Project Identifier AD202101047
R 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 David Herron, Aerospace Engineer, Systems &
Equipment Section, Seattle ACO
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and fax:
206 2313554; email david.herron@
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 The requirements of the Regulatory Flexibility Act RFA do not apply when
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