Federal Register - December 30, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Rules and Regulations
Explanation of Required Compliance Information
Interim Action
Requirements of This AD
Related Service Information Under 1
CFR Part 51
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
0283E will be IBRed in this FAA final rule. This AD would, therefore, require compliance with EASA AD 20210283
E 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 20210283E 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 not limited to the section titled Required Actions and Compliance Times in EASA AD 20210283E.
Service information referenced in EASA
AD 20210283E for compliance will be available at https www.regulations.gov by searching for and locating Docket No.
FAA20211165.
EASA AD 20210283E requires repetitive visual inspections of the rivets on the rear transmission upper and lower bearing support, the local structure, and the rivet heads on the left-hand and right-hand sides of the rear transmission shaft bearing support.
Depending on the results, EASA AD
20210283E requires contacting Airbus Helicopters to obtain approved repair instructions and accomplishing those instructions, or replacing each affected rivet. EASA AD 20210283E also requires reporting inspection findings to Airbus Helicopters.
This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.
Other Related Service Information The FAA also reviewed Airbus Helicopters Emergency Alert Service Bulletin EASB No. 05A039, Revision 0, dated October 27, 2021, and EASB
No. 05A039, Revision 1, dated December 16, 2021 EASB 05A039 Rev 1. This service information specifies procedures for repetitive visual inspections of the rear transmission bearing support areas, including the frame and skin in the area of the bearing supports. EASB 05A039 Rev 1 adds repetitive visual inspections of the rivets heads on the left-hand and righthand sides of the rear transmission shaft bearing support located under the Teflon tape on the tail boom.
FAAs Determination
khammond on DSKJM1Z7X2PROD with RULES
This AD requires accomplishing the actions specified in EASA AD 2021
0283E, described previously, as IBRed, except for any differences identified as exceptions in the regulatory text of this AD and except as discussed under Differences Between this AD and the EASA AD.
International Validation Branch, FAA;
or EASA; or Airbus Helicopters EASA
Design Organization Approval DOA.
EASA AD 20210283E requires reporting certain information to Airbus Helicopters within 30 days after each rivet replacement, whereas this AD
requires reporting that information within 10 days after each rivet replacement.
action may follow. See EASA AD 2021
0283E for additional background information.
The FAA has also determined to revise the special flight permit limitation from AD 20212406. This new AD limits special flight permits to the inspections required before the each first flight of the day compliance time with no passengers on board.
Special flight permits are prohibited for any other actions required by this AD.
These helicopters have been approved by EASA and are approved for operation in the United States. Pursuant to the FAAs bilateral agreement with the European Union, EASA has notified the FAA of the unsafe condition described in its AD. The FAA is issuing this AD
after evaluating all pertinent information and determining that the unsafe condition exists and is likely to exist or develop on other helicopters of the same type design.
VerDate Sep<11>2014
16:53 Dec 29, 2021
Jkt 256001
Differences Between This AD and the EASA AD
EASA AD 20210283E requires inspections after each last flight of the day ALF, whereas this AD requires accomplishing those inspections before each first flight of the day. EASA AD
20210283E specifies that certain inspections can be done by a mechanical technician, a pilot with correct training and accreditation, or a pilot-owner, whereas this AD requires those inspections be done by a qualified mechanic. Depending on certain inspection results, EASA AD 2021
0283E specifies contacting Airbus Helicopters to obtain approved repair instructions and accomplishing those instructions, whereas this AD requires repair done in accordance with a method approved by the Manager, General Aviation & Rotorcraft Section,
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The FAA considers this AD interim action. If final action is later identified, the FAA might consider further rulemaking then.
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 sheared attachment rivets of the transmission shaft bearing support could lead to failure of the tail rotor drive shaft and subsequent loss of yaw control of the helicopter. In addition, the compliance time for the required actions are shorter than the time necessary for the public to comment and for publication of the final rule. Inspections of the rivets on the rear transmission shaft bearing support and of the local structure must be continued from AD 20212406 before each first flight of the day and the initial inspection of the rivet heads must be accomplished within 10 hours time-inservice or seven days after the effective date of this AD, whichever occurs first.
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
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