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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 Sec-
    tion.

(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 al-
    ready done.

(g) INSPECTION AND REPLACEMENT

(1) Before further flight  after  the effective date of this AD and there-
    after 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 in-
    spection 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: 9-AVS-AIR-
    730-AMOC@faa.gov.

(2) Before using any approved AMOC,  notify your appropriate principal in-
    spector,  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,  Inter-
    national Validation Branch,  901 Locust,  Room  301,  Kansas City,  MO
    64106; phone: (816) 329-4059; fax: (816) 329-4090; email: doug.rudolph
    @faa.gov.

(2) Refer to EASA AD 2021-0189-E, dated August 9, 2021,  for more informa-
    tion.  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.,  Dzial Serwisu,  ul. Wal Miedzeszynski 844,  03-942  Warszawa,
    Poland; phone: +48 22 616 20 87; fax: +48 22 617 85 28; email: service
    @at-3.com.

(4) You may view this referenced service information at the FAA, Airworth-
    iness 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 refer-
    ence 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/ibr-locations.html.

Issued on September 7, 2021.  Ross Landes,  Deputy Director for Regulatory
Operations,  Compliance & Airworthiness Division,  Aircraft  Certification
Service.

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: doug.rudolph@faa.gov.
PREAMBLE 

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.

-----------------------------------------------------------------------

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.

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., Dzial Serwisu, ul. Wal Miedzeszynski 844, 03-942 Warszawa,
Poland; phone: +48 22 616 20 87; fax: +48 22 617 85 28; email: 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: doug.rudolph@faa.gov.

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 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

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]

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