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Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Rules and Regulations
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 Leonardo S.p.A.
Helicopters, Emanuele Bufano, Head of Airworthiness, Viale G.Agusta 520, 21017 C.Costa di Samarate Va Italy;
telephone +390331225074; fax +39
0331229046; or at https
www.leonardocompany.com/en/home.
You may view this service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101
Hillwood Pkwy., Room 6N321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call 817 2225110. It is also available at https www.regulations.gov by searching for and locating Docket No.
FAA20210344.
Examining the AD Docket You may examine the AD docket at https www.regulations.gov by searching for and locating Docket No.
FAA20210344; 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 European Aviation Safety Agency now European Union Aviation Safety Agency EASA AD, any comments received, and other information. The street address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950
LEnfant Plaza N SW, Washington, DC
20024; telephone 202 2679167; email hal.jensen@faa.gov.
SUPPLEMENTARY INFORMATION:

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Background EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 20170156, dated August 24, 2017 EASA AD 2017
0156, to correct an unsafe condition for Leonardo S.p.A. formerly Finmeccanica Helicopter Division, AgustaWestland Model AW169 helicopters, all serial numbers, except those equipped with AFCS software part number P/N
6F2210AS0103 or later. EASA advises of false simultaneous in-flight disengagement of AFCS channels 1 and 2 that resulted from the activation of specific AFCS modes combined with the unavailability of hybrid ground speed data at take-off. Accordingly, EASA AD 20170156 requires temporarily amending the Limitations Section of the RFM, informing all flight crews, and thereafter, operating the
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helicopter accordingly. EASA AD 2017
0156 also requires installing AFCS
software P/N 6F2210AS0103 and removing the temporary RFM revision.
This condition, if not addressed, could result in temporary loss of control of the helicopter, possibly resulting in damage to the helicopter or injury to occupants.
EASA initially issued EASA AD
20170112 dated June 26, 2017 EASA
AD 20170112, to address this unsafe condition. EASA issued AD 20170156
to supersede EASA AD 20170112 to require installing the newly-developed AFCS software upgrade and removal of the temporary RFM revision.
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 about the unsafe condition described in its AD. The FAA is issuing this AD after evaluating all known relevant information and determining that the unsafe condition described previously is likely to exist or develop on other helicopters of the same type design.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Leonardo Helicopters Alert Service Bulletin No.
169064, dated August 9, 2017. This service information specifies procedures for installing the new release of flight control computer software P/N
6F2210AS0103.
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 temporarily revising the Limitations Section of the existing RFM for your helicopter to add AFCS
mode limitations. This AD also requires installing an AFCS software upgrade and concurrently removing that RFM
revision.
Differences Between This AD and the EASA AD
EASA AD 20170156 applies to Model AW169 helicopters, except those with AFCS software P/N 6F2210AS0103
or later installed; whereas this AD
applies to Model AW169 helicopters with AFCS software P/N 6F2210AS0102
or previous versions installed instead.
EASA AD 20170156 requires installing AFCS software P/N 6F2210AS0103 and removing the temporary RFM revision within 100 flight hours or 3 months,
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whichever occurs first after its effective date, whereas this AD requires those actions within 100 hours time-in-service after the effective date of this AD
instead.
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. There are currently no helicopters with this type certificate affected by this AD on the U.S. Registry. Accordingly, notice and opportunity for prior public comment are unnecessary, pursuant to 5 U.S.C.
553b3B.
In addition, for the foregoing reasons, the FAA finds that good cause exists pursuant to 5 U.S.C. 553d for making this amendment effective in less than 30 days.
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. FAA20210344;
Project Identifier MCAI202100381R
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
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