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]
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)
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
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,
The FAA must receive comments on this AD by November 22, 2021.
ADDRESSES: You may send comments, using the procedures found in
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow
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: email@example.com.
You may view this service information at the FAA, Airworthiness Products
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: firstname.lastname@example.org.
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
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
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
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.
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
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
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
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.
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
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