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Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations
Although the FAA has determined operations immediately at risk are those requiring a radio altimeter to takeoff, land, or establish and maintain a hover, a wide range of automated safety systems rely on radio altimeter data.
The FAA continues to work with interagency and industry stakeholders to collect data on potential effects to these systems to determine whether additional mitigations are necessary.
The FAA determined, however, that mandatory action is not immediately required for these systems.
The FAA plans to use data provided by telecommunications providers to determine which heliports, airports, or areas within the United States have or will have C-Band base stations or other devices that could potentially impact helicopter systems. NOTAMs will be issued, as necessary, to state the specific areas where the data from a radio altimeter may be unreliable due to the presence of 5G C-Band wireless broadband signals.6 For this reason, this AD requires flight manual limitations that prohibit certain operations requiring radio altimeter data in areas that will be identified by NOTAMs. Due to the dynamic nature of base station activation and the ongoing process of identifying the resulting affected airspace, including potential consideration for variability in C-Band deployment conditions such as radiated power levels and locations, the FAA has determined that NOTAMs are the best means to communicate changes in restrictions within affected areas.
Finally, the FAA notes that in accordance with paragraph h of this AD, any person may propose and request FAA approval of an alternative method of compliance AMOC. The proposed AMOC must include specific conditions that would address the unsafe condition e.g., by providing information substantiating that certain aircraft or altimeter models are not susceptible to C-Band radio frequency interference.
FAAs Determination
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The FAA is issuing this AD because the agency has determined the unsafe condition described previously is likely to exist or develop in helicopters with a radio altimeter as part of their type design.
AD Requirements This AD requires revising the limitations section of the existing RFM
for your helicopter to incorporate 6 The FAAs process for issuing NOTAMs is described in FAA Order 7930.2S, Notices to Air Missions NOTAM, December 2, 2021.

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limitations prohibiting certain operations requiring radio altimeter data when in the presence of 5G C-Band wireless broadband signals in areas as identified by NOTAM.
These prohibitions could prevent flights and could also result in flight diversions.
Compliance With RFM Revisions Section 91.9 prohibits any person from operating a civil aircraft without complying with the operating limitations specified in the RFM.
Interim Action The FAA considers this AD to be an interim action. If final action is later identified, the FAA might consider further rulemaking.
Justification for Immediate Adoption and Determination of the Effective Date Section 553b3B 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 553d of the APA
authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption.
The FAA has found that the risk to the flying public justifies foregoing notice and comment prior to adoption of this rule because radio altimeter anomalies that are undetected by the aircraft automation or pilot, particularly close to the ground, could lead to loss of continued safe flight and landing. The urgency is based on C-Band wireless broadband deployment, which is expected to occur in phases with operations beginning as soon as January 5, 2022. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5 U.S.C.
553b3B.
In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553d for making this amendment effective in less than 30 days, for the same reasons the FAA found good cause to forego notice and comment.

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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. FAA20210954
and Project Identifier AD202101170
R at the beginning of your comments.
The most helpful comments reference a specific portion of the final rule, explain the reason for any recommended change, and include supporting data.
The FAA will consider all comments received by the closing date and may amend this final rule because of those comments.
Except for Confidential Business Information CBI as described in the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to https
www.regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this final rule.
Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner.
Under the Freedom of Information Act FOIA 5 U.S.C. 552, CBI is exempt from public disclosure. If your comments responsive to this AD contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this AD, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as PROPIN. The FAA
will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this AD. Submissions containing CBI
should be sent to Dave Swartz, Continued Operational Safety Technical Advisor, COS Program Management Section, Operational Safety Branch, FAA, 222 W. 7th Ave, M/S 14
Anchorage, AK 99513; phone: 817222
5390; email: operationalsafety@faa.gov.
Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking.
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
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