12086 Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Rules and Regulations 

thresholds are exemplary only and not 

suggestive of requirements. The FDIC will 

continue to use numerical thresholds to 

tailor, and otherwise make clear, the 

applicability of supervisory guidance or 

programs to supervised institutions, and as 

required by statute. 

• Examiners will not criticize through 

supervisory recommendations (including 

matters requiring board attention) a 

supervised financial institution for, and the 

FDIC will not issue an enforcement action on 

the basis of, a ‘‘violation’’ of or ‘‘noncompliance’’ with supervisory guidance. In 

some situations, examiners may reference 

(including in writing) supervisory guidance 

to provide examples of safe and sound 

conduct, appropriate consumer protection 

and risk management practices, and other 

actions for addressing compliance with laws 

or regulations. 

• Supervisory criticisms should continue 

to be specific as to practices, operations, 

financial conditions, or other matters that 

could have a negative effect on the safety and 

soundness of the financial institution, could 

cause consumer harm, or could cause 

violations of laws, regulations, final agency 

orders, or other legally enforceable 

conditions. 

• The FDIC also has at times sought, and 

may continue to seek, public comment on 

supervisory guidance. Seeking public 

comment on supervisory guidance does not 

mean that the guidance is intended to be a 

regulation or have the force and effect of law. 

The comment process helps the FDIC to 

improve its understanding of an issue, to 

gather information on institutions’ risk 

management practices, or to seek ways to 

achieve a supervisory objective most 

effectively and with the least burden on 

institutions. 

• The FDIC will aim to reduce the issuance 

of multiple supervisory guidance documents 

on the same topic and will generally limit 

such multiple issuances going forward. 

The FDIC will continue efforts to make the 

role of supervisory guidance clear in 

communications to examiners and to 

supervised financial institutions and 

encourage supervised institutions with 

questions about this statement or any 

applicable supervisory guidance to discuss 

the questions with their appropriate agency 

contact. 

Federal Deposit Insurance Corporation. 

By order of the Board of Directors. 

Dated at Washington, DC, on January 19, 

2021. 

James P. Sheesley, 

Assistant Executive Secretary. 

[FR Doc. 2021–01537 Filed 3–1–21; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–0905; Project 

Identifier 2019–SW–102–AD; Amendment 

39–21384; AD 2021–02–01] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2015–26– 

01, which applied to certain Airbus 

Helicopters Model AS332C1, AS332L1, 

AS332L2, EC225LP, AS–365N2, AS 365 

N3, EC 155B, and EC155B1 helicopters 

with an energy-absorbing seat. AD 

2015–26–01 required inspecting for the 

presence of labels (placards) that 

prohibit stowing anything under the 

seat, and if a label (placard) is missing 

or not clearly visible to each occupant, 

installing a label (placard). This AD 

retains all of the requirements of AD 

2015–26–01, and also adds helicopters 

to the applicability and requires a 

modification (installing new labels 

(placards)). This AD was prompted by 

the determination that additional 

helicopters are affected by the unsafe 

condition, and that new labels 

(placards) are required for all affected 

helicopters. The FAA is issuing this AD 

to address the unsafe condition on these 

products. 

DATES: This AD is effective April 6, 

2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of April 6, 2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain other publications listed in 

this AD as of January 26, 2016 (80 FR 

79466, December 22, 2015). 

ADDRESSES: For service information 

identified in this final rule, contact 

Airbus Helicopters, 2701 N Forum 

Drive, Grand Prairie, TX 75052; phone: 

972–641–0000 or 800–232–0323; fax: 

972–641–3775; or at https://

www.airbus.com/helicopters/services/ 

support.html. You may view this 

referenced service information at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood 

Pkwy., Room 6N–321, Fort Worth, TX 

76177. For information on the 

availability of this material at the FAA, 

call 817–222–5110. It is also available 

on the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2020– 

0905. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2020– 

0905; 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: 

Kathleen Arrigotti, Aviation Safety 

Engineer, Large Aircraft Section, 

International Validation Branch, FAA, 

2200 South 216th St., Des Moines, WA 

98198; phone and fax: 206–231–3218; 

email: kathleen.arrigotti@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2015–26–01, 

Amendment 39–18349 (80 FR 79466, 

December 22, 2015) (AD 2015–26–01). 

AD 2015–26–01 applied to certain 

Airbus Helicopters Model AS332C1, 

AS332L1, AS332L2, EC225LP, AS– 

365N2, AS 365 N3, EC 155B, and 

EC155B1 helicopters with an energyabsorbing seat. The NPRM published in 

the Federal Register on October 7, 2020 

(85 FR 63240). The NPRM was 

prompted by the discovery that required 

labels (placards) prohibiting stowage of 

any object under an energy-absorbing 

seat had not been systematically 

installed and the determination that 

additional helicopters are affected by 

the unsafe condition, and that new 

labels (placards) are required for all 

affected helicopters. The NPRM 

proposed to continue to require 

inspecting for the presence of labels 

(placards) that prohibit stowing 

anything under the seat, and if a label 

(placard) is missing or not clearly 

visible to each occupant, installing a 

label (placard), and also proposed to 

add helicopters to the applicability and 

require a modification (installing new 

labels (placards)). The FAA is issuing 

this AD to address any object stowed 

under an energy-absorbing seat, which 

could reduce the efficiency of the 

energy-absorbing function of the seat, 


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resulting in injury to the seat occupants 

during an accident. See the MCAI for 

additional background information. 

The European Union Aviation Safety 

Agency (EASA), which is the Technical 

Agent for the Member States of the 

European Union, has issued EASA AD 

2019–0088R1, dated November 8, 2019 

(EASA AD 2019–0088R1) (also referred 

to as the Mandatory Continuing 

Airworthiness Information, or the 

MCAI), to correct an unsafe condition 

for certain Airbus Helicopters Model 

AS332C, AS332C1, AS332L, AS332L1, 

AS332L2, EC225LP, AS–365N2, AS 365 

N3, EC 155B and EC155B1 helicopters 

with an energy-absorbing seat. EASA 

advised that during certification of an 

energy-absorbing seat with a new part 

number, the labels (placards) that 

require keeping the space under the seat 

free of any object were not 

systematically installed. EASA stated 

that this condition, if not corrected, 

could prompt occupants to stow objects 

under an energy-absorbing seat, which 

would reduce the effectiveness of the 

seat and the occupants’ chance of 

surviving an accident. EASA 

consequently issued AD 2014–0204, 

dated September 11, 2014; corrected 

September 12, 2014 (which corresponds 

to FAA AD 2015–26–01) to require a 

one-time inspection for the presence of 

labels (placards) and, if they were 

missing or unreadable, making and 

installing labels (placards) prohibiting 

the placing of an object under an energy 

absorbing seat. EASA later advised, in 

EASA AD 2017–0226, dated November 

17, 2017 (EASA AD 2017–0226), which 

superseded EASA AD 2014–0204, that 

additional new labels (placards) were 

required and that additional helicopters 

were affected by the unsafe condition. 

In this MCAI, which supersedes EASA 

AD 2017–0226, EASA advised that 

additional extended compliance times 

were necessary for certain helicopters. 

You may examine the MCAI in the 

AD docket on the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2020– 

0905. 

Comments 

The FAA gave the public the 

opportunity to participate in developing 

this final rule. The FAA received no 

comments on the NPRM or on the 

determination of the cost to the public. 

Conclusion 

The FAA reviewed the relevant data 

and determined that air safety and the 

public interest require adopting this 

final rule as proposed, except for minor 

editorial changes. The FAA has 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM for 

addressing the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Related Service Information Under 1 

CFR Part 51 

Airbus Helicopters has issued the 

following service information. This 

service information describes 

procedures for installing new labels 

(placards) prohibiting stowage of any 

object under an energy-absorbing seat. 

These documents are distinct since they 

apply to different helicopter models. 

• Airbus Helicopters Alert Service 

Bulletin No. AS332–25.03.16, Revision 

0, dated September 7, 2017. 

• Airbus Helicopters Alert Service 

Bulletin No. AS332–25.03.41, Revision 

0, dated September 7, 2017. 

• Airbus Helicopters Alert Service 

Bulletin No. AS332–25.03.42, Revision 

0, dated September 7, 2017. 

• Airbus Helicopters Alert Service 

Bulletin No. AS365–25.01.67, Revision 

0, dated February 12, 2019. 

• Airbus Helicopters Alert Service 

Bulletin No. EC155–25A144, Revision 0, 

dated February 12, 2019. 

• Airbus Helicopters Alert Service 

Bulletin No. EC225–25A179, Revision 1, 

dated November 6, 2019. 

• Airbus Helicopters Alert Service 

Bulletin No. EC225–25A203, Revision 0, 

dated September 7, 2017. 

Airbus Helicopters has also issued the 

following service information. This 

service information describes 

procedures for inspecting for labels, 

placards, or markings that prohibit 

stowing anything under certain seats 

and installing a placard. These 

documents are distinct since they apply 

to different helicopter models. 

• Airbus Helicopters Alert Service 

Bulletin No. AS332–01.00.85, Revision 

1, dated September 7, 2017. 

• Airbus Helicopters Alert Service 

Bulletin No. AS365–01.00.66, Revision 

1, dated February 12, 2019. 

• Airbus Helicopters Alert Service 

Bulletin No. EC155–04A013, Revision 1, 

dated February 12, 2019. 

• Airbus Helicopters Alert Service 

Bulletin No. EC225–04A012, Revision 2, 

dated November 6, 2019. 

This AD also requires the following 

service information, which the Director 

of the Federal Register approved for 

incorporation by reference as of January 

26, 2016 (80 FR 79466, December 22, 

2015). 

• Airbus Helicopters Alert Service 

Bulletin No. AS332–01.00.85, Revision 

0, dated August 26, 2014. 

• Airbus Helicopters Alert Service 

Bulletin No. AS365–01.00.66, Revision 

0, dated August 26, 2014. 

• Airbus Helicopters Alert Service 

Bulletin No. EC155–04A013, Revision 0, 

dated August 26, 2014. 

• Airbus Helicopters Alert Service 

Bulletin No. EC225–04A012, Revision 0, 

dated August 26, 2014. 

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 the ADDRESSES section. 

Other Related Service Information 

Airbus Helicopters issued Airbus 

Helicopters Alert Service Bulletin No. 

EC225–04A012, Revision 1, dated 

September 7, 2017, which describes 

procedures for inspecting for labels, 

placards, or markings that prohibit 

stowing anything under certain seats 

and installing a placard. 

Airbus Helicopters has also issued 

Airbus Helicopters Alert Service 

Bulletin No. EC225–25A179, Revision 0, 

dated September 7, 2017, which 

describes procedures for installing new 

labels (placards) prohibiting stowage of 

any object under an energy-absorbing 

seat. 

Costs of Compliance 

The FAA estimates that this AD 

affects 90 helicopters of U.S. registry. 

The FAA estimates the following costs 

to comply with this AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Inspection (52 Helicopters) (Retained actions 

from AD 2015–26–01).

1 work-hour × $85 per hour = $85 ................. $0 $85 $4,420 

Install label (placard) (52 Helicopters) (Retained actions from AD 2015–26–01).2 work-hours × $85 per hour = $170 ............. Minimal 170 8,840 

Inspection (38 Helicopters) (New actions) ...... 1 work-hour × $85 per hour = $85 ................. 0 85 3,230 


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ESTIMATED COSTS FOR REQUIRED ACTIONS—Continued 

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Install label (placard) (38 Helicopters) (New 

actions).

2 work-hours × $85 per hour = $170 ............. Minimal 170 6,460 

Install new label (placard) (New actions) ....... 2 work-hours × $85 per hour = $170 ............. Minimal 170 15,300 

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 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, 

(2) Will not affect intrastate aviation 

in Alaska, and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing Airworthiness Directive (AD) 

2015–26–01, Amendment 39–18349 (80 

FR 79466, December 22, 2015), and 

adding the following new AD: 

2021–02–01 Airbus Helicopters: 

Amendment 39–21384; Docket No. 

FAA–2020–0905; Project Identifier 

2019–SW–102–AD. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective April 6, 2021. 

(b) Affected ADs 

This AD replaces AD 2015–26–01, 

Amendment 39–18349 (80 FR 79466, 

December 22, 2015) (AD 2015–26–01). 

(c) Applicability 

This AD applies to Airbus Helicopters 

Model AS332C, AS332C1, AS332L, 

AS332L1, AS332L2, EC225LP, AS–365N2, 

AS 365 N3, EC 155B and EC155B1 

helicopters, certificated in any category, 

equipped with at least one energy-absorbing 

seat listed in figure 1 to paragraph (c) of this 

AD, except any helicopter embodying the 

applicable Airbus Helicopters modifications 

on all applicable seat positions listed in 

figure 2 to paragraph (c) of this AD. 

BILLING CODE 4910–13–P 


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BILLING CODE 4910–13–C 

(d) Subject 

Air Transport Association (ATA) of 

America Code 11, Placards and markings. 

(e) Reason 

This AD was prompted by the discovery 

that required labels (placards) prohibiting 

stowage of any object under an energyabsorbing seat had not been systematically 

installed. The FAA is issuing this AD to 

address any object stowed under an energyabsorbing seat which could reduce the 

efficiency of the energy-absorbing function of 


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12090 Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Rules and Regulations 

the seat, resulting in injury to the seat 

occupants during an accident. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Retained Inspection and Corrective 

Actions With Revised Service Information 

This paragraph restates the requirements of 

paragraph (e) of AD 2015–26–01, with 

revised service information. Within 110 

hours time in service after January 26, 2016 

(the effective date of AD 2015–26–01), do the 

actions specified in paragraph (g)(1) or (2) of 

this AD, as applicable for your model 

helicopter. 

(1) For Model AS332C1, AS332L1, 

AS332L2, and EC225LP helicopters: 

(i) Inspect the cabin and cockpit for labels, 

placards, or markings that prohibit stowing 

anything under the seats in the locations 

shown in the figure in the Appendix of 

Airbus Helicopters Alert Service Bulletin No. 

AS332–01.00.85 or No. EC225–04A012, both 

Revision 0, dated August 26, 2014; or Airbus 

Helicopters Alert Service Bulletin No. 

AS332–01.00.85, Revision 1, dated 

September 7, 2017, or Airbus Helicopters 

Alert Service Bulletin No. EC225–04A012, 

Revision 2, dated November 6, 2019; as 

applicable for your model helicopter. 

(ii) If a label, placard, or marking is not 

located in every location depicted in the 

figure in the Appendix of Airbus Helicopters 

Alert Service Bulletin No. AS332–01.00.85 or 

No. EC225–04A012, both Revision 0, dated 

August 26, 2014; or Airbus Helicopters Alert 

Service Bulletin No. AS332–01.00.85, 

Revision 1, dated September 7, 2017, or 

Airbus Helicopters Alert Service Bulletin No. 

EC225–04A012, Revision 2, dated November 

6, 2019 or is not visible and legible to every 

occupant, before further flight, install a 

placard in accordance with the 

Accomplishment Instructions, paragraph 

3.B., of Airbus Helicopters Alert Service 

Bulletin No. AS332–01.00.85 or No. EC225– 

04A012, both Revision 0, dated August 26, 

2014; or Airbus Helicopters Alert Service 

Bulletin No. AS332–01.00.85, Revision 1, 

dated September 7, 2017, or Airbus 

Helicopters Alert Service Bulletin No. 

EC225–04A012, Revision 2, dated November 

6, 2019; as applicable for your model 

helicopter. 

(2) For Model AS–365N2, AS 365 N3, EC 

155B, and EC155B1 helicopters: 

(i) Inspect each seat leg in the cabin and 

cockpit for labels, placards, or markings that 

prohibit stowing anything under the seats. 

(ii) If a label, placard, or marking does not 

exist on one leg of each seat or is not visible 

and legible, before further flight, install a 

placard in accordance with the 

Accomplishment Instructions, paragraph 

3.B., and the Appendix of Airbus Helicopters 

Alert Service Bulletin No. AS365–01.00.66 or 

No. EC155–04A013, both Revision 0, dated 

August 26, 2014; or Airbus Helicopters Alert 

Service Bulletin No. AS365–01.00.66 or No. 

EC155–04A013, both Revision 1, dated 

February 12, 2019; as applicable for your 

model helicopter. 

(h) New Inspection and Corrective Actions 

for Certain Helicopters 

(1) For Model AS332C and AS332L 

helicopters: Within 110 hours time in service 

or 30 days, whichever occurs first, after the 

effective date of this AD, inspect the cabin 

and cockpit for labels, placards, or markings 

that prohibit stowing anything under the 

seats in the locations shown in the figure in 

the Appendix of Airbus Helicopters Alert 

Service Bulletin No. AS332–01.00.85, 

Revision 1, dated September 7, 2017. 

(2) If a label, placard, or marking is not 

located in every location depicted in the 

figure in the Appendix of Airbus Helicopters 

Alert Service Bulletin No. AS332–01.00.85, 

Revision 1, dated September 7, 2017 or is not 

visible and legible to every occupant, before 

further flight, install a placard in accordance 

with the Accomplishment Instructions, 

paragraph 3.B., of Airbus Helicopters Alert 

Service Bulletin No. AS332–01.00.85, 

Revision 1, dated September 7, 2017. 

(i) New Requirements of This AD: 

Modification (Install New Placards) 

(1) At the applicable times specified in 

paragraph (i)(2) of this AD, install new 

placards prohibiting stowage of any object 

under an energy-absorbing seat in accordance 

with the Accomplishment Instructions, 

paragraph 3.B., of the applicable service 

information specified in paragraphs (i)(1)(i) 

through (vii) of this AD, except you are not 

required to discard the old labels (placards). 

Doing the installation required by this 

paragraph terminates the requirements of 

paragraphs (g) and (h) of this AD. 

(i) Airbus Helicopters Alert Service 

Bulletin No. AS332–25.03.16, Revision 0, 

dated September 7, 2017. 

(ii) Airbus Helicopters Alert Service 

Bulletin No. AS332–25.03.41, Revision 0, 

dated September 7, 2017. 

(iii) Airbus Helicopters Alert Service 

Bulletin No. AS332–25.03.42, Revision 0, 

dated September 7, 2017. 

(iv) Airbus Helicopters Alert Service 

Bulletin No. AS365–25.01.67, Revision 0, 

dated February 12, 2019. 

(v) Airbus Helicopters Alert Service 

Bulletin No. EC155–25A144, Revision 0, 

dated February 12, 2019. 

(vi) Airbus Helicopters Alert Service 

Bulletin No. EC225–25A179, Revision 1, 

dated November 6, 2019. 

(vii) Airbus Helicopters Alert Service 

Bulletin No. EC225–25A203, Revision 0, 

dated September 7, 2017; as applicable for 

your model helicopter. 

(2) At the applicable times specified in 

paragraph (i)(2)(i) or (ii) of this AD, do the 

installation required by paragraph (i)(1) of 

this AD. 

(i) For Model AS332C, AS332C1, AS332L, 

AS332L1, AS332L2, AS–365N2, AS 365 N3, 

EC 155B, EC155B1, and EC225LP helicopters, 

all manufacturer serial numbers, except 

Model EC225LP helicopters, manufacturer 

serial numbers 2663, 2670, 2854, 2883, 2885, 

2901 and 2921: Within 110 hours time in 

service or 6 months, whichever occurs first 

after the effective date of this AD. 

(ii) For Model EC225LP helicopters, 

manufacturer serial numbers 2663, 2670, 

2854, 2883, 2885, 2901 and 2921: Within 50 

hours time in service or 2 months, whichever 

occurs first after the effective date of this AD. 

(j) No Actions Required for Certain 

Helicopters 

For Model AS332C, AS332C1, AS332L, 

AS332L1, AS332L2, and EC225LP 

helicopters delivered after September 7, 

2017: No actions are required, provided that 

no energy-absorbing seat, as identified in 

figure 1 to paragraph (c) of this AD, has been 

installed on that helicopter since delivery. 

(k) Credit for Previous Actions 

(1) This paragraph provides credit for the 

actions specified in paragraph (g) of this AD, 

if those actions were performed before the 

effective date of this AD using Airbus 

Helicopters Alert Service Bulletin No. 

EC225–04A012, Revision 1, dated September 

7, 2017. 

(2) This paragraph provides credit for the 

actions specified in paragraphs (i)(1) and (2) 

of this AD, if those actions were performed 

before the effective date of this AD using 

Airbus Helicopters Alert Service Bulletin No. 

EC225–25A179, Revision 0, dated September 

7, 2017. 

(l) 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 International Validation Branch, send 

it to the attention of the person identified in 

paragraph (m)(2) of this AD. Information may 

be emailed to: 9-AVS-AIR-730-AMOC@

faa.gov. 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. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, notify your 

principal inspector or lacking a principal 

inspector, the manager of the local flight 

standards district office or certificate holding 

district office, before operating any aircraft 

complying with this AD through an AMOC. 

(m) Related Information 

(1) The subject of this AD is addressed in 

European Union Aviation Safety Agency 

(EASA) AD 2019–0088R1, dated November 8, 

2019. This EASA AD may be found in the AD 

docket on the internet at https://

www.regulations.gov by searching for and 

locating Docket No. FAA–2020–0905. 

(2) For more information about this AD, 

contact Kathleen Arrigotti, Aviation Safety 

Engineer, Large Aircraft Section, 

International Validation Branch, FAA, 2200 

South 216th St., Des Moines, WA 98198; 

phone and fax: 206–231–3218; email: 

kathleen.arrigotti@faa.gov. 

(3) Service information identified in this 

AD that is not incorporated by reference is 

available at the addresses specified in 

paragraphs (n)(5) and (6) of this AD. 


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1 Federal Trade Commission: Rule Review; 

Request for Public Comment, 85 FR 34548 (June 5, 

2020). 2 42 U.S.C. 17301–17305. 

(n) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) 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 this AD specifies otherwise. 

(3) The following service information was 

approved for IBR on April 5, 2021. 

(i) Airbus Helicopters Alert Service 

Bulletin No. AS332–01.00.85, Revision 1, 

dated September 7, 2017. 

(ii) Airbus Helicopters Alert Service 

Bulletin No. AS332–25.03.16, Revision 0, 

dated September 7, 2017. 

(iii) Airbus Helicopters Alert Service 

Bulletin No. AS332–25.03.41, Revision 0, 

dated September 7, 2017. 

(iv) Airbus Helicopters Alert Service 

Bulletin No. AS332–25.03.42, Revision 0, 

dated September 7, 2017. 

(v) Airbus Helicopters Alert Service 

Bulletin No. AS365–01.00.66, Revision 1, 

dated February 12, 2019. 

(vi) Airbus Helicopters Alert Service 

Bulletin No. AS365–25.01.67, Revision 0, 

dated February 12, 2019. 

(vii) Airbus Helicopters Alert Service 

Bulletin No. EC155–04A013, Revision 1, 

dated February 12, 2019. 

(viii) Airbus Helicopters Alert Service 

Bulletin No. EC155–25A144, Revision 0, 

dated February 12, 2019. 

(ix) Airbus Helicopters Alert Service 

Bulletin No. EC225–04A012, Revision 2, 

dated November 6, 2019. 

(x) Airbus Helicopters Alert Service 

Bulletin No. EC225–25A179, Revision 1, 

dated November 6, 2019. 

(xi) Airbus Helicopters Alert Service 

Bulletin No. EC225–25A203, Revision 0, 

dated September 7, 2017. 

(4) The following service information was 

approved for IBR on January 26, 2016 (80 FR 

79466, December 22, 2015). 

(i) Airbus Helicopters Alert Service 

Bulletin No. AS332–01.00.85, Revision 0, 

dated August 26, 2014. 

(ii) Airbus Helicopters Alert Service 

Bulletin No. AS365–01.00.66, Revision 0, 

dated August 26, 2014. 

(iii) Airbus Helicopters Alert Service 

Bulletin No. EC155–04A013, Revision 0, 

dated August 26, 2014. 

(iv) Airbus Helicopters Alert Service 

Bulletin No. EC225–04A012, Revision 0, 

dated August 26, 2014. 

(5) For Airbus Helicopters service 

information identified in this AD, contact 

Airbus Helicopters, 2701 N Forum Drive, 

Grand Prairie, TX 75052; phone: 972–641– 

0000 or 800–232–0323; fax: 972–641–3775; 

or at https://www.airbus.com/helicopters/ 

services/technical-support.html. 

(6) You may view this service information 

at the FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood Pkwy., 

Room 6N–321, Fort Worth, TX 76177. For 

information on the availability of this 

material at the FAA, call 817–222–5110. 

(7) 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 fedreg.legal@nara.gov, or go to: https:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on January 4, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–03688 Filed 3–1–21; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 317 

[RIN 3084–AB57] 

Prohibition of Energy Market 

Manipulation Rule Review 

AGENCY: Federal Trade Commission. 

ACTION: Confirmation of rule. 

SUMMARY: The Federal Trade 

Commission (‘‘Commission’’) has 

completed its regulatory review of its 

Prohibition of Energy Market 

Manipulation Rule implementing 

Section 811 of Subtitle B of Title VIII of 

the Energy Independence and Security 

Act of 2007. This regulatory review is 

part of the Commission’s periodic 

review of all its regulations and guides. 

The Commission has determined to 

retain the Rule in its present form. 

DATES: This action is effective March 2, 

2021. 

ADDRESSES: Relevant portions of the 

record of this proceeding, including this 

document, are available at https://

www.ftc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Peter Richman (202–326–2563), 

Assistant Director, Mergers III, Bureau 

of Competition, Federal Trade 

Commission, 600 Pennsylvania Avenue 

NW, Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Commission reviews its rules and 

guides periodically to seek information 

about their benefits and costs, as well as 

their regulatory and economic impact. 

This information assists the 

Commission in identifying rules and 

guides that warrant modification or 

rescission. 

Pursuant to this process, on June 5, 

2020, the Commission initiated a 

regulatory rule review by publishing a 

document in the Federal Register 

requesting public comment (‘‘Request’’) 

on the Prohibition of Energy Market 

Manipulation Rule (‘‘Rule’’).1 The 

Commission sought comment on 

standard regulatory review questions 

such as whether the Rule continues to 

serve a useful purpose; the costs and 

benefits of the Rule for consumers and 

businesses; and what effects, if any, 

technological or economic changes have 

had on the Rule. In addition to generally 

requesting comments recommending 

modifications to the Rule, the 

Commission also invited comment 

regarding two specific issues. First, the 

Commission requested comment 

identifying any evidence § 317.3 of the 

Rule does not reach behavior that falls 

within the scope of acts prohibited by 

its authorizing statute, 42 U.S.C. 17301, 

and violates the antitrust or consumer 

protection laws. Second, the 

Commission invited comment with 

respect to the definition of ‘‘knowingly’’ 

in § 317.2(c) of the Rule, its possible 

limitations, and the appropriateness of a 

modification of the definition to capture 

acts, practices, or courses of business a 

person ‘‘knew or should have known’’ 

were fraudulent or deceptive. 

After considering the comments and 

evidence, the Commission has 

determined to retain the Rule without 

modification. 

II. Background 

The Rule, authorized by the Energy 

Independence and Security Act of 2007 

(‘‘EISA’’),2 prohibits market 

manipulation in connection with the 

purchase or sale of crude oil or 

petroleum products. The Rule prohibits 

fraudulent or deceptive conduct 

(including making false or misleading 

statements of material fact) in 

connection with wholesale purchases or 

sales of crude oil, gasoline, or petroleum 

distillates. The Rule separately bans the 

intentional failure to state a material fact 

when the omission (1) makes the 

statement misleading and (2) distorts or 

is likely to distort market conditions for 

any product covered by the Rule. The 

Commission issued the Rule on August 

6, 2009, with an effective date of 

November 4, 2009. 

III. Regulatory Review Comment and 

Analysis 

The Commission received one 

substantive comment, submitted by 

Eversheds Sutherland (US) LLP 

(‘‘ESUS’’). ESUS recommends the 

Commission rescind the Rule. The 

comment addresses whether there is a 

continuing need for the Rule and its 

benefits and costs, but not any of the 

other questions in the Request. This rule 

review summarizes the comment and 


jbell on DSKJLSW7X2PROD with RULES