[Federal Register Volume 86, Number 192 (Thursday, October 7, 2021)]
[Rules and Regulations]
[Pages 55685-55688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21932]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0782; Project Identifier MCAI-2021-00915-A; 
Amendment 39-21732; AD 2021-19-14]
RIN 2120-AA64


Airworthiness Directives; AERO Sp. z o.o. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
AERO Sp. z o.o. (AERO) Model AT-3R100 airplanes with an ELPROP 3-1-1P 
propeller. This AD results from mandatory continuing airworthiness 
information (MCAI) issued by the 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 address the unsafe condition on these 
products.

DATES: This AD is effective October 27, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 27, 
2021.

[[Page 55686]]

    The FAA must receive comments on this AD by November 22, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact AERO 
AT Sp. z o.o., Dzia[lstrok] Serwisu, ul. Wa[lstrok] 
Miedzeszy[nacute]ski 844, 03-942 Warszawa, Poland; phone: +48 22 616 20 
87; fax: +48 22 617 85 28; email: 3.com">service@at-3.com. You may view this 
service information at the FAA, Airworthiness Products Section, 
Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For 
information on the availability of this material at the FAA, call (816) 
329-4148. It is also available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0782.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0782; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this final rule, the 
MCAI, any comments received, and other information. The street address 
for the Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety 
Engineer, FAA, General Aviation & Rotorcraft Section, International 
Validation Branch, 901 Locust, Room 301, Kansas City, MO 64106; phone: 
(816) 329-4059; fax: (816) 329-4090; email: [email protected].

SUPPLEMENTARY INFORMATION:

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. FAA-2021-0782 and Project Identifier 
MCAI-2021-00915-A'' 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 Doug 
Rudolph, Aviation Safety Engineer, FAA, General Aviation & Rotorcraft 
Section, International Validation Branch, 901 Locust, Room 301, Kansas 
City, MO 64106. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2021-0189-E, dated August 9, 2021 (referred to after this as 
``the MCAI''), to address an unsafe condition on ELPROP 3-1-1P 
propellers that are installed on, but not limited to, AERO Models AT-
3R100 and AT-4LSA airplanes. The MCAI states:

    Occurrences have been reported of finding cracks on the 
propeller hub during service inspections. Cracks were detected on 
the propeller hub surface, near the blade attachment bolt holes and 
in the blade root area.
    This condition, if not detected and corrected, could lead to 
loss of the propeller blade with consequent loss of control of the 
aeroplane.
    To address this unsafe condition, AERO issued [mandatory service 
bulletin] MSB EPB.01.B to provide inspection instructions for 
certain propellers, and EASA issued Emergency AD 2009-0134-E to 
require repetitive detailed visual inspections of those propeller 
hubs and, depending on findings, replacement.
    Since that [EASA] AD was issued, additional occurrences were 
reported of finding propeller hub cracks. Prompted by these 
findings, AERO issued MSB EPB.02.B applicable to propellers with s/n 
3E.089 and higher.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA Emergency AD 2009-0134-E, which is superseded, 
and expands the Applicability to all propeller s/n.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0782.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed AERO Mandatory Service Bulletin (MSB) EPB.01.B, 
Issue 1, dated May 14, 2009, which applies to propellers with serial 
numbers 3E.001 through 3E.088; and AERO MSB EPB.02.B, Issue 1, dated 
July 20, 2021, which applies to propellers with serial numbers 3E.089 
and larger. This service information specifies procedures for 
inspecting the propeller hub for cracks and contacting the design 
approval holder for corrective action. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
ADDRESSES.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with this State of Design Authority, 
it has notified the FAA of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is issuing this AD 
because it has determined the unsafe condition described previously is 
likely to exist or develop on other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the service 
information already described.

Differences Between This AD and the MCAI

    The MCAI applies to the Model AT-4LSA airplane, and this AD does 
not

[[Page 55687]]

because it does not have an FAA type certificate.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) 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 553(d) 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. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) 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.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's 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 Agency's 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 Flexibility Act

    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 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2021-19-14 AERO Sp. z o.o.: Amendment 39-21732; Docket No. FAA-2021-
0782; Project Identifier MCAI-2021-00915-A.

(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 AT-3R100 airplanes, all 
serial numbers, certificated in any category, with an ELPROP 3-1-1P 
propeller installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6114, Propeller Hub 
Section.

(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.

(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 3-1-1P propeller on any airplane unless the propeller hub has 
passed the inspection required by paragraph (g)(1) 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 (i)(1) of 
this AD or email: [email protected].

[[Page 55688]]

    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(i) Related Information

    (1) For more information about this AD, contact Doug Rudolph, 
Aviation Safety Engineer, FAA, General Aviation & Rotorcraft 
Section, International Validation Branch, 901 Locust, Room 301, 
Kansas City, MO 64106; phone: (816) 329-4059; fax: (816) 329-4090; 
email: [email protected].
    (2) Refer to EASA AD 2021-0189-E, dated August 9, 2021, for more 
information. You may examine the EASA AD in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0782.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) AERO Sp. z o.o. Mandatory Service Bulletin EPB.01.B, Issue 
1, dated May 14, 2009.
    (ii) AERO Sp. z o.o. Mandatory Service Bulletin EPB.02.B, Issue 
1, dated July 20, 2021.
    (3) For service information identified in this AD, contact AERO 
AT Sp. z o.o., Dzia[lstrok] Serwisu, ul. Wa[lstrok] 
Miedzeszy[nacute]ski 844, 03-942 Warszawa, Poland; phone: +48 22 616 
20 87; fax: +48 22 617 85 28; email: 3.com">service@at-3.com.
    (4) You may view this referenced service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (816) 329-4148. It is also 
available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0782.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 7, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-21932 Filed 10-6-21; 8:45 am]
BILLING CODE 4910-13-P