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Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Rules and Regulations S.p.A.; and AgustaWestland Philadelphia Corporation, formerly Agusta Aerospace Corporation, Model AB139 and AW139 helicopters.
EASA advises that a review of an AW139 AMP manual determined that the requirement to accomplish an RTC
on a Breeze hoist assembly was not introduced until AMP issue 39, dated June 7, 2021. EASA advises the RTC is intended to verify the integrity of the hoist assembly and the efficiency of the hoist system operation. EASA further advises that the RTC is included in the hoist manufacturers Flight Line Operation and Maintenance Manual and is required whenever the hoist cable is replaced or a hoist is stored for more than 12 months. EASA further advises since the RTC has been recently published in the AW139 AMP it may not have been accomplished on all affected hoist assemblies. This condition, if not detected and corrected, could lead to failure of the hoist assembly, possibly resulting in loss of external human cargo during hoist operations. Accordingly, EASA AD
20210186R1 requires accomplishing an RTC of certain hoist assemblies, and if during the RTC any discrepancy is detected, before next hoist operation, contacting Leonardo S.p.a. Helicopters for approved corrective action. See the EASA AD for additional background information.

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FAAs Determination These products have been approved by the aviation authority of another country, and are approved for operation in the United States. Pursuant to the FAAs bilateral agreement with the State of Design Authority, the FAA has been notified of the unsafe condition described in EASA AD 20210186R1
referenced above. The FAA is issuing this AD after evaluating all pertinent information and determining that the unsafe condition exists and is likely to exist or develop on other products of these same type designs.
Related Service Information Under 1
CFR Part 51
EASA AD 20210186R1 specifies procedures for accomplishing an RTC of the rescue hoist system in accordance with the instructions in the manufacturers service information.
This material 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 accomplishing the actions specified in EASA AD 2021

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0186R1, described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this AD and except as discussed under Differences Between this AD and the MCAI.
Differences Between This AD and EASA
AD 20210186R1
EASA AD 20210186R1 applies to all serial-numbered Model AB139 and AW139 helicopters, whereas this AD
only applies to Model AB139 and AW139 helicopters equipped with certain parts that have not completed an RTC in accordance with certain service information following either replacement of certain hoist cables or installation of a hoist assembly that has been in storage for more than 12
consecutive months. Paragraph 2 of EASA AD 20210186R1 requires contacting Leonardo S.p.a. Helicopters for approved corrective actions if any discrepancies are found, whereas this AD requires accomplishing the corrective actions using a method approved by the Manager, General Aviation and Rotorcraft Section, International Validation Branch, FAA;
or EASA; or Leonardo S.p.a.
Helicopters EASA Design Organization Approval.
Explanation of Applicability Paragraph This AD applies to certain Leonardo S.p.a. Model AB139 and AW139
helicopters, equipped with certain partnumbered Breeze external hoist assemblies that have not passed an RTC
in accordance with certain maintenance manuals, maintenance instructions, or alert service bulletins after certain maintenance actions have been performed. Although EASA specifies that EASA AD 20210186R1 is applicable to all Model AB139 and AW139 helicopters, this AD specifies the applicable maintenance manuals, maintenance instructions, and alert service bulletins, along with the maintenance actions, in the Applicability paragraph to ensure all owners and operators comply with passing the RTC prior to the next hoist operation, as required by this AD.
Explanation of Required Compliance Information In the FAAs ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a process to use certain EASA ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has since coordinated with other manufacturers and civil aviation authorities to use this
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process. As a result, EASA AD 2021
0186R1 is incorporated by reference in this AD. This AD therefore, requires compliance with EASA AD 2021
0186R1 in its entirety, through that incorporation, except for any differences identified as exceptions in the regulatory text of this AD. Using common terms that are the same as the heading of a particular section in the EASA AD does not mean that operators need comply only with that section. For example, where the AD requirement refers to all required actions and compliance times, compliance with this AD requirement is not limited to the section titled Required Actions and Compliance Times in the EASA
AD. Service information specified in EASA AD 20210186R1 that is required for compliance with EASA AD 2021
0186R1 is available on the internet at https www.regulations.gov by searching for and locating Docket No.
FAA20210885.
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 the requirement to accomplish an RTC on certain hoist assemblies may have been inadvertently left out of some AMPs, and therefore may not have been accomplished on all hoist assemblies, which could lead to failure of the hoist assembly. In addition, the compliance time for the required actions is before the next hoist operation, a shorter time period than the time necessary for the public to comment and for publication of the final rule.
Therefore, notice and opportunity for prior public comment are impracticable and contrary to public interest pursuant to 5 U.S.C. 553b3B. In addition, the FAA finds that good cause exists
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