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Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Rules and Regulations 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 John Miller, Aviation Safety Engineer, Certification Section, Fort Worth ACO Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone 8172225140; email john.m.miller@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.

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Discussion EASA, which is the Technical Agent for the Member States of the European Union, has issued AD No. 20200191, dated September 4, 2020 EASA AD
20200191, to correct an unsafe condition for Leonardo Model AB139
and AW139 helicopters, serial number S/N 31400 to 31882 inclusive, and S/
N 41300 to 41570 inclusive, if a passenger cabin floor is installed, composed of 3 panels, and with the first row central seats facing forward. EASA
advises that a design deficiency has been identified that affects some specific main cabin floor panel installations. EASA further advises that this condition, if not corrected, could, in the case of an emergency landing, lead to failure of the affected seats, possibly resulting in injury to helicopter occupants. Accordingly, EASA AD
20200191 requires removing the affected seats as identified by configuration in Leonardo Alert Service Bulletin No. 139633, Rev. A, dated September 2, 2020 ASB 139633. The EASA AD also provides an alternative to the seat removal for configurations which require the removal of 2 seats, which consists of modifying the helicopter to a different approved seating configuration. EASA states its AD is considered an interim action and further AD action may follow.
FAAs Determination These helicopters have been approved by EASA and are approved for operation in the United States. Pursuant to the FAAs bilateral agreement with the European Union, EASA has notified the FAA of the unsafe condition described in its AD. The FAA is issuing this AD
after evaluating all information provided by EASA and determining the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs.

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Related Service Information Under 1
CFR Part 51
Leonardo has issued ASB 139633, which specifies removing the seats of all the affected cabin configurations.
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.
AD Requirements This AD requires removing each seat within 50 hours time-in-service TIS.
Interim Action The FAA considers this AD to be an interim action. The design approval holder is currently developing a modification that will address the unsafe condition identified in this AD.
Once this modification is developed, approved, and available, the FAA might consider additional 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 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 61 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.
Removing each affected seat takes about 1 work-hour for an estimated cost of $85 per seat and up to $10,370 for the U.S. fleet. There would be no parts costs.
FAAs Justification and Determination of the Effective Date Section 553b3B of the Administrative Procedure Act 5 U.S.C.
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 seeking comment prior to the rulemaking.
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
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flying public justifies waiving notice and comment prior to adoption of this rule because removing each seat is required within 50 hours TIS, which is a short compliance time for these high usage helicopters, some of which could reach these hours within 45 calendar days. Therefore, notice and opportunity for prior public comment are impracticable and contrary to public interest pursuant to 5 U.S.C.
553b3B. In addition, for the reasons stated above, the FAA finds that good cause exists pursuant to 5 U.S.C. 553d for making this amendment effective in less than 30 days.
Authority for This Rulemaking Title 49 of the United States Code specifies the FAAs 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 Agencys 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, 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.
Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator,
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