Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations 47557 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2021–16–03 Airbus SAS: Amendment 39– 

21665; Docket No. FAA–2021–0142; 

Project Identifier MCAI–2020–01400–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective September 30, 2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus SAS Model 

A350–941 and –1041 airplanes, certificated 

in any category, as identified in European 

Union Aviation Safety Agency (EASA) AD 

2020–0220, dated October 13, 2020 (EASA 

AD 2020–0220). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 57, Wings. 

(e) Reason 

This AD was prompted by in-production 

findings of missing or incorrect application 

of the lightning strike edge glow sealant 

protection at specific locations in the wing 

tanks. The FAA is issuing this AD to address 

missing or incorrectly applied sealant, which 

in combination with an undetected incorrect 

installation of an adjacent fastener and a 

lightning strike in the immediate area, could 

result in ignition of the fuel-air mixture 

inside the affected fuel tanks and loss of the 

airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, EASA AD 2020–0220. 

(h) Exceptions to EASA AD 2020–0220 

(1) Where EASA AD 2020–0220 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) The ‘‘Remarks’’ section of EASA AD 

2020–0220 does not apply to this AD. 

(3) Where paragraph (1) of EASA AD 2020– 

0220 gives a compliance time of ‘‘the next 

scheduled maintenance tank entry, or before 

exceeding 6 years since Airbus date of 

manufacture, whichever occurs first after the 

effective date of this AD,’’ for this AD, the 

compliance time is the later of the times 

specified in paragraphs (h)(3)(i) and (ii) of 

this AD. 

(i) The next scheduled maintenance tank 

entry, or before exceeding 6 years since 

Airbus date of manufacture, whichever 

occurs first after the effective date of this AD. 

(ii) Within 6 months after the effective date 

of this AD. 

(4) Where paragraph (2) of EASA AD 2020– 

0220 refers to ‘‘discrepancies,’’ for this AD, 

discrepancies include missing or incorrectly 

applied sealant. 

(i) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Large Aircraft 

Section, 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 responsible Flight 

Standards Office, as appropriate. If sending 

information directly to the Large Aircraft 

Section, International Validation Branch, 

send it to the attention of the person 

identified in paragraph (j) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the responsible 

Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, Large Aircraft Section, 

International Validation Branch, FAA; or 

EASA; or Airbus SAS’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(3) Required for Compliance (RC): Except 

as required by paragraph (i)(2) of this AD, if 

any service information contains procedures 

or tests that are identified as RC, those 

procedures and tests must be done to comply 

with this AD; any procedures or tests that are 

not identified as RC are recommended. Those 

procedures and tests that are not identified 

as RC may be deviated from using accepted 

methods in accordance with the operator’s 

maintenance or inspection program without 

obtaining approval of an AMOC, provided 

the procedures and tests identified as RC can 

be done and the airplane can be put back in 

an airworthy condition. Any substitutions or 

changes to procedures or tests identified as 

RC require approval of an AMOC. 

(j) Related Information 

For more information about this AD, 

contact Nick Wilson, Aerospace Engineer, 

Large Aircraft Section, International 

Validation Branch, FAA, 2200 South 216th 

St., Des Moines, WA 98198; telephone and 

fax 206–231–3230; email nicholas.wilson@

faa.gov. 

(k) 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. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2020–0220, dated October 13, 

2020. 

(ii) [Reserved] 

(3) For EASA AD 2020–0220, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

EASA AD on the EASA website at https://

ad.easa.europa.eu. 

(4) You may view this material at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. This material may be found 

in the AD docket on the internet at https:// 

www.regulations.gov by searching for and 

locating Docket No. FAA–2021–0142. 

(5) You may view this material 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/ibr-locations.html. 

Issued on July 21, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–18332 Filed 8–25–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0717; Project 

Identifier AD–2021–00814–R; Amendment 

39–21707; AD 2021–18–06] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2021–11– 

03, which applied to certain Airbus 

Helicopters Model EC 155B, EC155B1, 

SA–365N, SA–365N1, AS–365N2, and 

AS 365 N3 helicopters. AD 2021–11–03 

required inspecting the main gearbox 

(MGB) fixed cowling front fitting (MGB 

front fitting), and depending on 

findings, corrective action. This AD 

retains the requirements of AD 2021– 

11–03, and includes service information 

that was omitted for Airbus Helicopter 

Model EC 155B and EC155B1 

helicopters, as specified in a European 

Aviation Safety Agency (now European 

Union Aviation Safety Agency) (EASA) 

AD, which is incorporated by reference. 

The FAA is issuing this AD to address 

the unsafe condition on these products. 

DATES: This AD becomes effective 

September 10, 2021. 

The Director of the Federal Register 

approved the incorporation by reference 


jbell on DSKJLSW7X2PROD with RULES
47558 Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations 

of certain publications listed in this AD 

as of July 15, 2021 (86 FR 30759, June 

10, 2021). 

The FAA must receive comments on 

this AD by October 12, 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 EASA material incorporated by 

reference (IBR) in this AD, contact the 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

internet www.easa.europa.eu. You may 

find this material on the EASA website 

at https://ad.easa.europa.eu. For Airbus 

Helicopters service information 

identified in this final rule, contact 

Airbus Helicopters, 2701 North Forum 

Drive, Grand Prairie, TX 75052; 

telephone (972) 641–0000 or (800) 232– 

0323; fax (972) 641–3775; or at https:// 

www.airbus.com/helicopters/services/ 

technical-support.html. You may view 

this material 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. Service 

information also available in the AD 

docket on the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0717. 

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–2021– 

0717; 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 AD, any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Jimenez, Aerospace Engineer, 

COS Program Management Section, 

Operational Safety Branch, Compliance 

& Airworthiness Division, FAA, 1600 

Stewart Ave., Suite 410, Westbury, NY 

11590; telephone (516) 228–7330; email 

andrea.jimenez@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued AD 2021–11–03, 

Amendment 39–21565 (86 FR 30759, 

June 10, 2021) (AD 2021–11–03), for 

certain Airbus Helicopters Model EC 

155B, EC155B1, SA–365N, SA–365N1, 

AS–365N2, and AS 365 N3 helicopters. 

AD 2021–11–03 required inspecting and 

if necessary, replacing the MGB front 

fitting. AD 2021–11–03 also required 

modifying the MGB front fitting. AD 

2021–11–03 was prompted by EASA AD 

2019–0008, dated January 22, 2019 

(EASA AD 2019–0008), issued by 

EASA, which is the Technical Agent for 

the Member States of the European 

Union, to correct an unsafe condition 

for certain Airbus Helicopters (AH), 

formerly Eurocopter, Eurocopter France, 

Aerospatiale, Model EC 155 B, EC 155 

B1, SA 365 N, SA 365 N1, AS 365 N2, 

and AS 365 N3 helicopters. EASA 

advises of reports of an in-flight loss of 

engine and MGB cowlings. Subsequent 

investigations revealed that the MGB 

cowling attachment fittings failed 

because of mounting stress in the MGB 

front fitting and air intake bulkhead. 

This condition, if not addressed, could 

result in damage to the helicopter, loss 

of helicopter control, and possible 

injury to persons on the ground. 

Accordingly, EASA AD 2019–0008 

requires inspecting the MGB front 

fittings and if there is a discrepancy, the 

EASA AD requires applicable corrective 

action(s) before next flight. EASA AD 

2019–0008 also requires modification of 

the MGB fixed cowling attachments. 

Accomplishing the modification 

constitutes a terminating action for the 

required inspection. 

Actions Since AD 2021–11–03 Was 

Issued 

Since AD 2021–11–03 was issued, the 

FAA discovered that paragraph ‘‘(h) 

Exceptions to EASA AD 2019–0008’’ of 

AD 2021–11–03, inadvertently omitted 

service information required for Airbus 

Helicopters Model EC 155B and 

EC155B1 helicopters. This AD corrects 

subparagraph (h)(8) to add Airbus 

Helicopters Alert Service Bulletin ASB 

No. 53A035, Revision 0, dated March 

13, 2017, and ASB No. 53A035, 

Revision 1, dated December 20, 2018. 

This AD also updates the U.S. fleet size 

in the Costs of Compliance section. 

FAA’s Determination 

These products have been approved 

by the aviation authority of another 

country, and are approved for operation 

in the United States. Pursuant to the 

bilateral agreement with the State of 

Design Authority, the FAA has been 

notified of the unsafe condition 

described in the EASA AD referenced 

above. The FAA is issuing this AD after 

evaluating all the relevant information 

and determining the unsafe condition 

described previously is likely to exist or 

develop in other products of these same 

type designs. 

Related IBR Material Under 1 CFR Part 

51 

This AD requires EASA AD 2019– 

0008, dated January 22, 2019, which the 

Director of the Federal Register 

approved for incorporation by reference 

as of July 15, 2021 (86 FR 30759, June 

10, 2021). EASA AD 2019–0008 requires 

inspecting the MGB front fittings within 

110 flight hours after April 14, 2017 (the 

effective date of EASA AD 2017–0055, 

dated March 31, 2017). If there is a 

discrepancy, the EASA AD requires 

applicable corrective action(s) before 

next flight. EASA AD 2019–0008 also 

requires modification of the MGB fixed 

cowling attachments within 660 flight 

hours or 23 months, whichever occurs 

first, after the effective date described in 

EASA AD 2019–0008. Accomplishing 

the modification constitutes a 

terminating action for the required 

inspection. 

This AD also requires Airbus 

Helicopters Alert Service Bulletin ASB 

No. AS365–53.00.62 and ASB No. 

EC155–53A038, each Revision 0 and 

dated December 20, 2018 (ASB AS365– 

53.00.62 and ASB EC155–53A038). ASB 

AS365–53.00.62 applies to Model 

AS365-series helicopters. ASB EC155– 

53A038 applies to Model EC155-series 

helicopters. The Director of the Federal 

Register also approved this service 

information for incorporation by 

reference as of July 15, 2021 (86 FR 

30759, June 10, 2021). This service 

information specifies replacing the front 

bracket, inspecting for stress of the MGB 

fixed cowlings on the radiator bulkhead, 

and installing an additional locking 

system. 

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. 

AD Requirements 

This AD requires accomplishing the 

actions specified in EASA AD 2019– 

0008 and the service information 

already described, except for any 

differences identified as exceptions in 

the regulatory text of this AD. 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations 47559 

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. 

AD 2021–11–03 omitted service 

information required for compliance for 

certain Model EC 155B and EC155B1 

helicopters. This AD corrects that error 

by including Airbus Helicopters Alert 

Service Bulletin ASB No. 53A035, 

Revision 0, dated March 13, 2017, and 

ASB No. 53A035, Revision 1, dated 

December 20, 2018 in the regulatory 

text. The public was previously 

provided opportunity for comment on 

the costs of the AD and required actions. 

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. 

Explanation of Required Compliance 

Information 

In the FAA’s 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, the FAA is 

incorporating EASA AD 2019–0008 by 

reference in this FAA final rule. This 

AD, therefore, requires compliance with 

EASA AD 2019–0008 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 2019–0008 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 Action(s) and Compliance 

Time(s)’’ in EASA AD 2019–0008. 

Service information required by EASA 

AD 2019–0008 for compliance is 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–0717. 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA– 

2021–0717; Project Identifier AD–2021– 

00814–R’’ at the beginning of your 

comments. The most helpful comments 

reference a specific portion of the AD, 

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 AD 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 AD. 

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 Andrea Jimenez, 

Aerospace Engineer, COS Program 

Management Section, Operational 

Safety Branch, Compliance & 

Airworthiness Division, FAA, 1600 

Stewart Ave., Suite 410, Westbury, NY 

11590; telephone (516) 228–7330; email 

andrea.jimenez@faa.gov. Any 

commentary that the FAA receives that 

is not specifically designated as CBI will 

be placed in the public docket for this 

rulemaking. 

Regulatory Flexibility Act (RFA) 

The requirements of the 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 the FAA has determined that it 

has good cause to adopt this rule 

without notice and comment, RFA 

analysis is not required. 

Costs of Compliance 

The FAA estimates that this AD 

affects 53 helicopters of U.S. Registry. 

Labor rates are estimated at $85 per 

work-hour. Based on these numbers, the 

FAA estimates that operators may incur 

the following costs in order to comply 

with this AD. 

Inspecting the MGB front fittings 

takes about 2 work-hours for an 

estimated cost of $170 per helicopter 

and $9,010 for the U.S. fleet. If required, 

replacing an MGB front fitting takes 

about 2 work-hours and parts cost about 

$590 for an estimated total cost of $760 

per fitting. Other repairs will take up to 

8 work-hours (excluding drying time) 

and parts will cost a minimal amount 

for an estimated cost of up to $680 per 

helicopter. 

Modifying the MGB fixed cowling 

attachments takes about 5 work-hours 

and parts cost about $630 for an 

estimated cost of $1,055 per helicopter 

and $55,915 for the U.S. fleet. 

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 


jbell on DSKJLSW7X2PROD with RULES
47560 Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations 

power and responsibilities among the 

various levels of government. 

For the reasons discussed above, I 

certify this regulation: 

(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 

■ 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: 

■ a. Removing Airworthiness Directive 

2021–11–03, Amendment 39–21565 (86 

FR 30759, June 10, 2021); and 

■ b. Adding the following new 

airworthiness directive: 

2021–18–06 Airbus Helicopters: 

Amendment 39–21707; Docket No. 

FAA–2021–0717; Project Identifier AD– 

2021–00814–R. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective September 10, 2021. 

(b) Affected ADs 

This AD replaces AD 2021–11–03, 

Amendment 39–21565 (86 FR 30759, June 

10, 2021) (AD 2021–11–03). 

(c) Applicability 

This AD applies to Airbus Helicopters 

Model EC 155B, EC155B1, SA–365N, SA– 

365N1, AS–365N2, and AS 365 N3 

helicopters, certificated in any category, as 

identified in European Aviation Safety 

Agency (now European Union Aviation 

Safety Agency) (EASA) AD 2019–0008, dated 

January 22, 2019 (EASA AD 2019–0008). 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code: 7110, Engine Cowling System. 

(e) Unsafe Condition 

This AD was prompted by a report of an 

in-flight loss of main gearbox (MGB) and 

engine cowlings. The FAA is issuing this AD 

to address a failure of the MGB fixed cowling 

front fitting, and subsequent MGB cowling or 

engine cowling detachment, which could 

result in damage to the helicopter, loss of 

helicopter control, and possible injury to 

persons on the ground. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, EASA AD 2019–0008. 

(h) Exceptions to EASA AD 2019–0008 

(1) Where EASA AD 2019–0008 refers to 

April 14, 2017 (the effective date of EASA 

AD 2017–0055, dated March 31, 2017), this 

AD requires using the effective date of this 

AD. 

(2) Where EASA AD 2019–0008 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(3) Where EASA AD 2019–0008 refers to 

flight hours (FH), this AD requires using 

hours time-in-service. 

(4) Where EASA AD 2019–0008 requires 

the modification within 660 flight hours or 

23 months, whichever occurs first, this AD 

requires the modification within 660 hours 

time-in-service instead. 

(5) Although the service information 

referenced in EASA AD 2019–0008 specifies 

to discard certain parts, this AD requires 

removing those parts from service instead. 

(6) Where the service information 

referenced in EASA AD 2019–0008 specifies 

to use tooling, equivalent tooling may be 

used. 

(7) The ‘‘Remarks’’ section of EASA AD 

2019–0008 does not apply to this AD. 

(8) Where paragraph (1) of EASA AD 2019– 

0008 states to, ‘‘inspect the MGB fixed 

cowling front fittings in accordance with the 

instructions of paragraph 1.E.2 of the 

applicable inspection ASB or in accordance 

with the instructions of the applicable 

modification ASB,’’ this AD requires: 

(i) For Model SA–365N, SA–365N1, AS– 

365N2, and AS 365 N3 helicopters: 

determining if Airbus Helicopters Alert 

Service Bulletin No. 53.00.55, Revision 0, 

dated March 13, 2017, or Revision 1, dated 

December 20, 2018, has or has not been 

complied with and following the 

instructions, ‘‘For helicopters on which 

ALERT SERVICE BULLETIN No. 53.00.55 

has not been complied with’’ or ‘‘For 

helicopters on which ALERT SERVICE 

BULLETIN No. 53.00.55 has been complied 

with,’’ as applicable, in paragraph 1.E.2, of 

Airbus Helicopters Alert Service Bulletin No. 

AS365–53.00.62 Revision 0, dated December 

20, 2018 (ASB AS365–53.00.62). 

(ii) For Model EC 155B and EC155B1 

helicopters: determining if Airbus 

Helicopters Alert Service Bulletin No. 

53A035, Revision 0, dated March 13, 2017, 

or Revision 1, dated December 20, 2018, has 

or has not been complied with and following 

the instructions, ‘‘For helicopters on which 

ALERT SERVICE BULLETIN No. 53A035 has 

not been complied with’’ or ‘‘For helicopters 

on which ALERT SERVICE BULLETIN No. 

53A035 has been complied with,’’ as 

applicable, in paragraph 1.E.2, of Airbus 

Helicopters Alert Service Bulletin No. 

EC155–53A038, Revision 0, dated December 

20, 2018 (ASB EC155–53A038). 

(9) Where paragraph (2) of EASA AD 2019– 

0008 states to, ‘‘accomplish the applicable 

corrective action(s) in accordance with 

paragraph 1.E.2 of the applicable inspection 

ASB or in accordance with the instructions 

of the applicable modification ASB,’’ this AD 

requires accomplishing the applicable 

corrective actions by following ASB AS365– 

53.00.62 or ASB EC155–53A038, as 

applicable to your model helicopter. 

(10) Where paragraph 3.B.2.e.3 of the 

applicable modification ASB referenced in 

EASA AD 2019–0008 refers to paragraph 

3.B.e.3, this AD requires referring to 

paragraph 3.B.3 of ASB AS365–53.00.62 or 

ASB EC155–53A038, as applicable to your 

model helicopter. 

(i) Special Flight Permit 

Special flight permits, as described in 14 

CFR 21.197 and 21.199, are not allowed. 

(j) 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 (k) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 

(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. 

(k) Related Information 

For more information about this AD, 

contact Andrea Jimenez, Aerospace Engineer, 

COS Program Management Section, 

Operational Safety Branch, Compliance & 

Airworthiness Division, FAA, 1600 Stewart 

Ave., Suite 410, Westbury, NY 11590; 

telephone (516) 228–7330; email 

andrea.jimenez@faa.gov. 

(l) 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 July 15, 2021 (86 FR 

30759, June 10, 2021). 

(i) European Aviation Safety Agency 

(EASA) AD 2019–0008, dated January 22, 

2019. 

(ii) Airbus Helicopters Alert Service 

Bulletin ASB No. AS365–53.00.62, Revision 

0, dated December 20, 2018. 

(iii) Airbus Helicopters Alert Service 

Bulletin ASB No. EC155–53A038, Revision 0, 

dated December 20, 2018. 

(3) For EASA AD 2019–0008, contact the 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations 47561 

1 5 U.S.C. 552(a)(2). 

2 Due to the COVID pandemic, the public has not 

been allowed access to the Public Reference Room 

since April 13, 2020. 

3 5 U.S.C. 553. 

4 5 U.S.C. 804(3)(C). 

000; email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

EASA AD on the EASA website at https://

ad.easa.europa.eu. For Airbus Helicopters 

service information identified in this AD, 

contact Airbus Helicopters, 2701 North 

Forum Drive, Grand Prairie, TX 75052; 

telephone (972) 641–0000 or (800) 232–0323; 

fax (972) 641–3775; or at https://

www.airbus.com/helicopters/services/ 

technical-support.html. 

(4) 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. 

This material may be found in the AD docket 

on the internet at https://

www.regulations.gov by searching for and 

locating Docket No. FAA–2021–0717. 

(5) You may view this material that is 

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, email 

fr.inspection@nara.gov, or go to https://

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

Issued on August 23, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–18441 Filed 8–24–21; 11:15 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 200 

[Release No. 34–92727; FOIA–194] 

Freedom of Information Act 

Regulations 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’) is making 

an amendment to the Commission’s 

Freedom of Information Act (‘‘FOIA’’) 

regulations to remove a provision 

stating that records that the FOIA 

requires to be made available for public 

inspection in an electronic format will 

be available to persons who do not have 

access to the internet in the 

Commission’s Public Reference Room. 

The Commission’s FOIA regulations 

will continue to provide that persons 

who do not have access to the internet 

can obtain the documents required to be 

made available for public inspection by 

telephone or email request to the Office 

of FOIA Services. 

DATES: Effective date: August 26, 2021. 

FOR FURTHER INFORMATION CONTACT: Ray 

McInerney, FOIA/PA Officer, Office of 

FOIA Services, (202) 551–6249; 

Securities and Exchange Commission, 

100 F Street NE, Washington, DC 

20549–5041. 

SUPPLEMENTARY INFORMATION: The 

Commission is adopting an amendment 

to its FOIA regulations at 17 CFR 

200.80(a)(2)(ii). 

I. Background 

The Freedom of Information Act 

requires each agency, in accordance 

with published rules, to make certain 

records available for public inspection 

in an electronic format.1 The 

Commission’s regulation at 17 CFR 

200.80(a)(2)(ii) provides that records 

that the FOIA requires to be made 

available for public inspection in an 

electronic format are accessible through 

the Commission’s website. In addition, 

under the existing regulation, persons 

without access to the internet may 

obtain these records by telephone or 

email request or by visiting the Public 

Reference Room at the Commission’s 

headquarters in Washington, DC. The 

FOIA itself does not require that 

agencies provide access to documents 

that are available for public inspection 

in an electronic format in a public 

reference room. 

The Public Reference Room, which is 

housed within the Commission’s 

Library, contains a computer terminal 

that members of the public may use to 

access records that the SEC is required 

to make publicly available under the 

FOIA. The Commission’s visitor logs 

and information from the Commission 

Library staff indicate that no one has 

used the computer terminal in the 

Public Reference Room to access records 

that the FOIA requires to be made 

available for public inspection in an 

electronic format from 2018 through the 

date of this document.2 In light of the 

lack of use of the computer terminal in 

the Public Reference Room as a means 

of accessing the records, we are 

adopting technical amendments to our 

FOIA rules to remove the reference to 

obtaining access in the Public Reference 

Room. The Commission’s regulation 

will continue to provide that persons 

who do not have access to the internet 

will be able to obtain the documents 

required to be made available for public 

inspection via telephone or email 

request to the Commission’s Office of 

FOIA Services. 

II. Administrative Law Matters 

The Commission finds, in accordance 

with the Administrative Procedure Act 

(‘‘APA’’), that these revisions relate 

solely to agency organization, 

procedures, or practice and do not 

constitute a substantive rule. 

Accordingly, the APA’s provisions 

regarding notice of rulemaking, 

opportunity for public comment, and 

advance publication of the amendments 

are not applicable.3 For the same reason, 

and because these amendments do not 

substantially affect the rights or 

obligations of non-agency parties, the 

provisions of the Small Business 

Regulatory Enforcement Fairness Act 

are not applicable.4

Additionally, the provisions of the 

Regulatory Flexibility Act, which apply 

only when notice and comment are 

required by the APA or other law, are 

not applicable. These amendments do 

not contain any collection of 

information requirements as defined by 

the Paperwork Reduction Act of 1995. 

III. Economic Analysis 

We are adopting an amendment to 

remove a provision that states that 

documents that the FOIA requires to be 

made available for public inspection in 

an electronic format will be available to 

persons who do not have access to the 

internet in the Commission’s Public 

Reference Room. This amendment does 

not impose any substantive regulatory 

obligations on any person. We do not 

believe the amendment will have any 

substantial economic effect, including 

on efficiency, competition, or capital 

formation. All documents that the FOIA 

requires to be available will remain 

available to the public via the internet, 

mail, email, or telephone request. 

Members of the public who wish to 

make use of the Commission’s Public 

Reference Room but who must now 

make use of one of the alternatives 

could potentially incur net costs if the 

alternatives are less accessible than 

using the computer available in the 

Public Reference Room. However, since 

the documents at issue are readily 

available through any computer 

connected to the internet and can also 

be obtained by mail and since no person 

has used the Commission’s Public 

Reference Room for this purpose in at 

least two years, we believe any such 

incremental costs will be small and 

incurred infrequently. Because the 

amendment imposes no substantial new 

burdens on private parties, the 

Commission believes that the 

amendment will not have any impact on 


jbell on DSKJLSW7X2PROD with RULES