[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Rules and Regulations]
[Pages 62719-62721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24544]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1131; Project Identifier MCAI-2020-00613-R; 
Amendment 39-21816; AD 2021-05-02]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; removal; request for comments.

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SUMMARY: The FAA is removing Airworthiness Directive (AD) 2021-05-02, 
which applied to all Airbus Helicopters Model AS350B, AS350BA, AS350B1, 
AS350B2, AS350B3, AS350C, and AS350D helicopters; Model AS355E, AS355F, 
AS355F1, AS355F2, AS355N, and AS355NP helicopters; and Model EC130B4 
and EC130T2 helicopters. AD 2021-05-02 required determining whether the 
helicopter has

[[Page 62720]]

been operated in a severe environment since the last inspection of the 
main rotor hub-to-mast attachment screws, an inspection of the main 
rotor hub-to-mast attachment screws if the helicopter has been operated 
in a severe environment, and replacement of the main rotor hub-to-mast 
attachment screws if necessary, as specified in a European Aviation 
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD, 
which was incorporated by reference. Since the FAA issued AD 2021-05-
02, reported inspection results and further investigation have 
confirmed that the report of failed main rotor hub-to-mast attachment 
screws, which prompted AD 2021-05-02, was an isolated case which 
resulted from a maintenance mistake. Therefore, the FAA has determined 
that no unsafe condition is likely to exist or develop on the main 
rotor hub-to-mast attachment screws on other helicopters in the fleet. 
Accordingly, AD 2021-05-02 is removed.

DATES: This AD becomes effective November 12, 2021.
    The FAA must receive comments on this AD by December 27, 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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-1131; 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, any 
comments received, and other information. The address for Docket 
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue 
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
950 L'Enfant Plaza N SW, Washington, DC 20024; phone: (202) 267-9167; 
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-2020-1131; Project Identifier MCAI-
2020-00613-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 Hal 
Jensen, Aerospace Engineer, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC 
20024; phone: (202) 267-9167; email: [email protected]. 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 EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2017-0032-CN, dated August 11, 2021 
(EASA AD 2017-0032-CN) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to cancel EASA AD 2017-0032, 
dated February 17, 2017; corrected February 20, 2017 (EASA AD 2017-
0032) which was issued to correct an unsafe condition for all Airbus 
Helicopters Model AS 350 B, AS 350 BA, AS 350 BB, AS 350 B1, AS 350 B2, 
AS 350 B3, and AS 350 D helicopters; AS 355 E, AS 355 F, AS 355 F1, AS 
355 F2, AS 355 N, and AS 355 NP helicopters; and EC 130 B4 and EC 130 
T2 helicopters. EASA AD 2017-0032 prompted FAA AD 2021-05-02, Amendment 
39-21445 (86 FR 13982, March 12, 2021) (AD 2021-05-02). Model AS 350 BB 
helicopters are not certificated by the FAA and are not included on the 
U.S. type certificate data sheet; AD 2021-05-02 therefore did not 
include those helicopters in the applicability. AD 2021-05-02 also 
applied to Airbus Helicopter Model AS 350C helicopters because these 
helicopters have a similar design and are included on the U.S. type 
certificate data sheet. AD 2021-05-02 applied to all Airbus Helicopters 
Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, and AS350D 
helicopters; Model AS355E, AS355F, AS355F1, AS355F2, AS355N, and 
AS355NP helicopters; and Model EC130B4 and EC130T2 helicopters. AD 
2021-05-02 required determining whether the helicopter has been 
operated in a severe environment since the last inspection of the main 
rotor hub-to-mast attachment screws, an inspection of the main rotor 
hub-to-mast attachment screws if the helicopter has been operated in a 
severe environment, and replacement of the main rotor hub-to-mast 
attachment screws if necessary.

Actions Since AD 2021-05-02 Was Issued

    Since the FAA issued AD 2021-05-02, reported inspection results and 
further investigation have confirmed that the report of failed main 
rotor hub-to-mast attachment screws, which prompted EASA AD 2017-0032 
and AD 2021-05-02, was an isolated case which resulted from a 
maintenance mistake, and therefore no unsafe condition is likely to 
exist or develop on the affected helicopters. The FAA is issuing this 
AD to remove AD 2021-05-02.

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

[[Page 62721]]

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.
    There are currently 1,220 helicopters of U.S. registry affected by 
AD 2021-05-02. However, the FAA notes that AD 2021-05-02 requires 
unnecessary maintenance actions because the identified unsafe condition 
does not exist on these helicopters. Therefore, it is unlikely that the 
FAA would receive any adverse comments or useful information about this 
AD from U.S. operators that would cause a need for public comment prior 
to adoption. Accordingly, notice and opportunity for prior public 
comment are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In 
addition, for the foregoing reasons, 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.

FAA's Conclusions

    Upon further consideration, the FAA has determined that AD 2021-05-
02 is no longer necessary. Accordingly, this AD removes AD 2021-05-02. 
Removal of AD 2021-05-02 does not preclude the FAA from issuing another 
related action or commit the FAA to any course of action in the future.

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.

Related Costs of Compliance

    This AD adds no cost. This AD removes AD 2021-05-02 from 14 CFR 
part 39; therefore, operators are no longer required to show compliance 
with that AD.

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.

Regulatory Findings

    The FAA determined that 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.

Adoption of 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:
0
a. Removing Airworthiness Directive (AD) 2021-05-02, Amendment 39-21445 
(86 FR 13982, March 12, 2021), and
0
b. Adding the following new AD:

2021-05-02 Airbus Helicopters: Docket No. FAA-2020-1131; Project 
Identifier MCAI-2020-00613-R.

(a) Effective Date

    This airworthiness directive (AD) becomes effective November 12, 
2021.

(b) Affected AD

    This AD replaces AD 2021-05-02, Amendment 39-21445 (86 FR 13982, 
March 12, 2021).

(c) Applicability

    This action applies to all Airbus Helicopters, certificated in 
any category, as identified in paragraphs (c)(1) through (3) of this 
AD.
    (1) Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, 
and AS350D helicopters.
    (2) Model AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP 
helicopters.
    (3) Model EC130B4 and EC130T2 helicopters.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6200, Main Rotor 
System.

(e) Related Information

    For more information about this AD, contact Hal Jensen, 
Aerospace Engineer, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC 
20024; phone: (202) 267-9167; email: [email protected].

(f) Material Incorporated by Reference

    None.

    Issued on November 4, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-24544 Filed 11-10-21; 8:45 am]
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