Airworthiness Directives; Leonardo S.p.a. Helicopters, 26833-26836 [2021-10398]
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Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Rules and Regulations
(2) Group 2: Helicopters that do not have
an affected part installed. A helicopter that
embodies Airbus Helicopters Modification 07
28457 in production is a Group 2 helicopter,
provided the helicopter remains in that
configuration.
(3) Affected part: Life raft release bell
cranks part number (P/N) 332A41–4396–20
(left-hand (LH) side) and P/N 332A41–4396–
21 (right-hand (RH) side).
(4) Serviceable part: Life raft release bell
cranks P/N 332A41–4396–22 (LH) and P/N
332A41–4396–23 (RH).
(h) Retained Repetitive Actions, With
Specified Helicopter Group and New Note
This paragraph restates the requirements of
paragraph (e) of AD 2019–03–12, with a
specified helicopter group and new Note 1.
For Group 1: Before further flight, and
thereafter at intervals not to exceed 6 months:
(1) Clean each bellcrank and pivot link and
inspect each bellcrank hole for corrosion. If
there is any corrosion in a bellcrank hole:
(i) Remove the corrosion without
exceeding a maximum depth of 0.1
millimeter (0.004 inch).
(ii) Clean each pivot link using 400-grain
abrasive paper.
(iii) Apply corrosion protectant (Alodine
1200 or equivalent) to each bellcrank hole.
(2) Lubricate each bellcrank hole with
grease before assembling the bellcrank.
Note 1 to paragraph (h): Airbus
Helicopters Emergency Alert Service Bulletin
No. 05A050, Revision 0, dated July 22, 2016;
and Airbus Helicopters Emergency Alert
Service Bulletin No. 05A050, Revision 1,
dated April 3, 2019; specify procedures for
cleaning and lubricating each bellcrank and
pivot link of the life raft inflation cylinder
percussion system and removing any
corrosion.
(i) New Requirement of This AD: Bellcrank
Replacement
For Group 1: Within 6 months after the
effective date of this AD, or before the next
operation over water, whichever occurs first,
replace each affected bellcrank with a
serviceable part, as defined in paragraph
(g)(4) of this AD, in accordance with
Paragraph 3.B.2. of the Accomplishment
Instructions of Airbus Helicopters Alert
Service Bulletin EC225–25A211, Revision 1,
dated October 23, 2019; except where the
service information specifies to remove and
scrap certain parts, this AD requires
removing those parts from service instead.
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(j) Terminating Action for Repetitive Actions
Required by Paragraph (h) of This AD
Accomplishment of the bellcrank
replacement required by paragraph (i) of this
AD is terminating action for the repetitive
actions required by paragraph (h) of this AD
for that helicopter only.
(k) Parts Installation Limitation
(1) For Group 1: After the replacement
required by paragraph (i) of this AD is done,
only a serviceable part, as defined in
paragraph (g)(4) of this AD, is allowed to be
installed on that helicopter.
(2) For Group 2: As of the effective date of
this AD, only a serviceable part, as defined
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Jkt 253001
in paragraph (g)(4) of this AD, is allowed to
be installed on any helicopter.
(l) Special Flight Permit
Special flight permits, as described in 14
CFR 21.197 and 21.199, are not allowed.
(m) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, send it to the attention of the person
identified in paragraph (n)(2) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(n) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) European
Union Aviation Safety Agency (EASA) AD
2019–0287, dated November 27, 2019, for
related information. This MCAI may be
found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2021–0020.
(2) For more information about this AD,
contact Blaine Williams, Aviation Safety
Engineer, Los Angeles ACO Branch, 3960
Paramount Boulevard, Lakewood, CA 90712
4137; telephone 562–627–5371; email
blaine.williams@faa.gov.
(3) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (o)(3) and (4) of this AD.
(o) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Airbus Helicopters Alert Service
Bulletin EC225–25A211, Revision 1, dated
October 23, 2019.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Airbus Helicopters, 2701 N
Forum Drive, Grand Prairie, TX 75052;
telephone 972–641–0000 or 800–232–0323;
fax 972–641–3775; or at https://
www.airbus.com/helicopters/services/
technical-support.html.
(4) You may view this service information
at FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call 817–222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
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26833
Administration (NARA). For information on
the availability of this material at NARA,
email fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on April 27, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–10397 Filed 5–17–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0344; Project
Identifier MCAI–2021–00381–R; Amendment
39–21534; AD 2021–10–01]
RIN 2120–AA64
Airworthiness Directives; Leonardo
S.p.a. Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Leonardo S.p.a. Model AW169
helicopters. This AD was prompted by
false simultaneous in-flight
disengagement of automatic flight
control system (AFCS) channels 1 and 2.
This AD requires temporarily revising
the existing Rotorcraft Flight Manual
(RFM) for your helicopter. This AD also
requires installing an AFCS software
upgrade and concurrently removing that
RFM revision. The FAA is issuing this
AD to address the unsafe condition on
these products.
DATES: This AD becomes effective June
2, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain document listed in this AD
as of June 2, 2021.
The FAA must receive comments on
this AD by July 2, 2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
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.
SUMMARY:
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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 +39–0331–225074; fax +39–
0331–229046; 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 6N–321, Fort
Worth, TX 76177. For information on
the availability of this material at the
FAA, call (817) 222–5110. It is also
available at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–0344.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0344; 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
L’Enfant Plaza N SW, Washington, DC
20024; telephone (202) 267–9167; 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 2017–0156,
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 2017–0156 requires
temporarily amending the Limitations
Section of the RFM, informing all flight
crews, and thereafter, operating the
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15:42 May 17, 2021
Jkt 253001
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
2017–0112 dated June 26, 2017 (EASA
AD 2017–0112), to address this unsafe
condition. EASA issued AD 2017–0156
to supersede EASA AD 2017–0112 to
require installing the newly-developed
AFCS software upgrade and removal of
the temporary RFM revision.
FAA’s Determination
These helicopters have been approved
by EASA and are approved for operation
in the United States. Pursuant to the
FAA’s 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.
169–064, 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 2017–0156 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 2017–0156 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 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. 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.
553(b)(3)(B).
In addition, for the foregoing
reason(s), 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.
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. FAA–2021–0344;
Project Identifier MCAI–2021–00381–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
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(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 Hal Jensen, Aerospace
Engineer, Operational Safety Branch,
Compliance & Airworthiness Division,
FAA, 950 L’Enfant Plaza N SW,
Washington, DC 20024; telephone (202)
267–9167; email hal.jensen@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 the
FAA has determined that it has good
cause to adopt this rule without prior
notice and comment, RFA analysis is
not required.
Costs of Compliance
There are no costs of compliance with
this AD because there are currently no
helicopters with this type certificate
affected by this AD on the U.S. Registry.
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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
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15:42 May 17, 2021
Jkt 253001
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
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.
The Amendment
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
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26835
2021–10–01 Leonardo S.p.a.: Amendment
39–21534; Docket No. FAA–2021–0344;
Project Identifier MCAI–2021–00381–R.
(a) Effective Date
This airworthiness directive (AD) is
effective June 2, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model
AW169 helicopters, certificated in any
category, with automatic flight control
system (AFCS) software part number (P/N)
6F2210AS0102 or previous versions
installed.
(d) Subject
Joint Aircraft Service Component (JASC)
Code: 2200, Auto Flight System.
(e) Unsafe Condition
This AD was prompted by false
simultaneous in-flight disengagement of
AFCS channels 1 and 2. The FAA is issuing
this AD to address concurrent disengagement
of those AFCS channels resulting from the
activation of specific AFCS modes combined
with the unavailability of hybrid ground
speed data at take-off. The unsafe condition,
if not addressed, could result in temporary
loss of control of the helicopter and
subsequent damage to the helicopter or
injury to occupants.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) Within 15 hours time-in-service (TIS)
after the effective date of this AD, revise the
Limitations Section of the existing Rotorcraft
Flight Manual (RFM) for your helicopter by
adding the information in Figure 1 to
paragraph (g)(1) of this AD. Inserting a
different document with information
identical to the information in Figure 1 to
paragraph (g)(1) of this AD is acceptable for
compliance with the requirements of this
paragraph. This action may be performed by
the owner/operator (pilot) holding at least a
private pilot certificate and must be entered
into the aircraft records showing compliance
with this AD in accordance with § 43.9(a)(1)
through (4) and § 91.417(a)(2)(v). The record
must be maintained as required by § 91.417,
§ 121.380, or § 135.439.
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Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Rules and Regulations
AFCS MODE LIMITATIONS
If "F" symbol is displayed next to groundspeed readout (GS) at the bottom of the IAS
tape on PFD, APP/NAV AFCS modes must not be used when the navigation source is
VOR/ILS/LOC. Therefore VOR navigation and VOR/ILS/LOC approaches must not
be coupled to AFCS but are allowed if manually flown by the pilot.
NOTE
The "F" symbol displayed next to groundspeed readout (GS) is due to:
- ADAHRS/GPS degradation
or
- "DG" mode selection
In both cases the groundspeed (GS) data source is FMS instead of GPS.
Figure 1 to Paragraph (g)(l)
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(h) Special Flight Permits
If AFCS software P/N 6F2210AS0102 or a
previous version is installed, VOR navigation
and VOR/ILS/LOC approaches coupled to
AFCS are prohibited; VOR navigation and
VOR/ILS/LOC approaches are allowed if
manually flown by the pilot.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, send it to the attention of the person
identified in paragraph (j)(1) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(j) Related Information
(1) For more information about this AD,
contact Hal Jensen, Aerospace Engineer,
Operational Safety Branch, Compliance &
VerDate Sep<11>2014
15:42 May 17, 2021
Jkt 253001
Airworthiness Division, FAA, 950 L’Enfant
Plaza N SW, Washington, DC 20024;
telephone (202) 267–9167; email hal.jensen@
faa.gov.
(2) The subject of this AD is addressed in
European Aviation Safety Agency (now
European Union Aviation Safety Agency)
(EASA) AD 2017–0156, dated August 24,
2017. You may view the EASA AD on the
internet at https://www.regulations.gov in
Docket No. FAA–2021–0344.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Leonardo Helicopters Alert Service
Bulletin No. 169–064, dated August 9, 2017.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Leonardo S.p.A. Helicopters,
Emanuele Bufano, Head of Airworthiness,
Viale G.Agusta 520, 21017 C.Costa di
Samarate (Va) Italy; telephone +39–0331–
225074; fax +39–0331–229046; or at https://
www.leonardocompany.com/en/home.
(4) You may view this service information
at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fedreg.legal@nara.gov, or go to:
PO 00000
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Fmt 4700
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https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
Issued on April 26, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–10398 Filed 5–17–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Chapter I
Termination of Arrival Restrictions
Applicable to Flights Carrying Persons
Who Have Recently Traveled From or
Were Otherwise Present Within the
Republic of Guinea
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Announcement of termination
of arrival restrictions.
AGENCY:
This document announces the
decision of the Secretary of Homeland
Security to terminate arrival restrictions
applicable to flights to the United States
carrying persons who have recently
traveled from, or were otherwise present
within, the Republic of Guinea. These
arrival restrictions were initiated due to
outbreaks of Ebola virus disease (EVD)
in the Democratic Republic of the Congo
SUMMARY:
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ER18MY21.000</GPH>
(2) Within 100 hours TIS after the effective
date of this AD:
(i) Install AFCS software P/N
6F2210AS0103 by following Section 3., the
Accomplishment Instructions, paragraph 3.,
of Leonardo Helicopters Alert Service
Bulletin No. 169–064, dated August 9, 2017,
and concurrently
(ii) Remove the RFM revision required by
paragraph (g)(1) of this AD.
]]>Agencies
[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Rules and Regulations]
[Pages 26833-26836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10398]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0344; Project Identifier MCAI-2021-00381-R;
Amendment 39-21534; AD 2021-10-01]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Leonardo S.p.a. Model AW169 helicopters. This AD was prompted
by false simultaneous in-flight disengagement of automatic flight
control system (AFCS) channels 1 and 2. This AD requires temporarily
revising the existing Rotorcraft Flight Manual (RFM) for your
helicopter. This AD also requires installing an AFCS software upgrade
and concurrently removing that RFM revision. The FAA is issuing this AD
to address the unsafe condition on these products.
DATES: This AD becomes effective June 2, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of June 2, 2021.
The FAA must receive comments on this AD by July 2, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the 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.
[[Page 26834]]
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
+39-0331-225074; fax +39-0331-229046; 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 6N-321, Fort Worth, TX 76177. For information on
the availability of this material at the FAA, call (817) 222-5110. It
is also available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0344.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0344; 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 L'Enfant Plaza N SW, Washington, DC 20024; telephone (202) 267-
9167; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2017-0156, 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 2017-0156 requires temporarily amending the Limitations Section
of the RFM, informing all flight crews, and thereafter, operating the
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 2017-0112 dated June 26, 2017 (EASA
AD 2017-0112), to address this unsafe condition. EASA issued AD 2017-
0156 to supersede EASA AD 2017-0112 to require installing the newly-
developed AFCS software upgrade and removal of the temporary RFM
revision.
FAA's Determination
These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's 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.
169-064, 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 2017-0156 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 2017-0156 requires
installing AFCS software P/N 6F2210AS0103 and removing the temporary
RFM revision within 100 flight hours or 3 months, 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 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. 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. 553(b)(3)(B).
In addition, for the foregoing reason(s), 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.
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. FAA-2021-0344; Project Identifier MCAI-
2021-00381-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
[[Page 26835]]
(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 Hal Jensen, Aerospace
Engineer, Operational Safety Branch, Compliance & Airworthiness
Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC 20024; telephone
(202) 267-9167; email [email protected]. 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 the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
There are no costs of compliance with this AD because there are
currently no helicopters with this type certificate affected by this AD
on the U.S. Registry.
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 Findings
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.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2021-10-01 Leonardo S.p.a.: Amendment 39-21534; Docket No. FAA-2021-
0344; Project Identifier MCAI-2021-00381-R.
(a) Effective Date
This airworthiness directive (AD) is effective June 2, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model AW169 helicopters,
certificated in any category, with automatic flight control system
(AFCS) software part number (P/N) 6F2210AS0102 or previous versions
installed.
(d) Subject
Joint Aircraft Service Component (JASC) Code: 2200, Auto Flight
System.
(e) Unsafe Condition
This AD was prompted by false simultaneous in-flight
disengagement of AFCS channels 1 and 2. The FAA is issuing this AD
to address concurrent disengagement of those AFCS channels resulting
from the activation of specific AFCS modes combined with the
unavailability of hybrid ground speed data at take-off. The unsafe
condition, if not addressed, could result in temporary loss of
control of the helicopter and subsequent damage to the helicopter or
injury to occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) Within 15 hours time-in-service (TIS) after the effective
date of this AD, revise the Limitations Section of the existing
Rotorcraft Flight Manual (RFM) for your helicopter by adding the
information in Figure 1 to paragraph (g)(1) of this AD. Inserting a
different document with information identical to the information in
Figure 1 to paragraph (g)(1) of this AD is acceptable for compliance
with the requirements of this paragraph. This action may be
performed by the owner/operator (pilot) holding at least a private
pilot certificate and must be entered into the aircraft records
showing compliance with this AD in accordance with Sec. 43.9(a)(1)
through (4) and Sec. 91.417(a)(2)(v). The record must be maintained
as required by Sec. 91.417, Sec. 121.380, or Sec. 135.439.
[[Page 26836]]
[GRAPHIC] [TIFF OMITTED] TR18MY21.000
(2) Within 100 hours TIS after the effective date of this AD:
(i) Install AFCS software P/N 6F2210AS0103 by following Section
3., the Accomplishment Instructions, paragraph 3., of Leonardo
Helicopters Alert Service Bulletin No. 169-064, dated August 9,
2017, and concurrently
(ii) Remove the RFM revision required by paragraph (g)(1) of
this AD.
(h) Special Flight Permits
If AFCS software P/N 6F2210AS0102 or a previous version is
installed, VOR navigation and VOR/ILS/LOC approaches coupled to AFCS
are prohibited; VOR navigation and VOR/ILS/LOC approaches are
allowed if manually flown by the pilot.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (j)(1) of
this AD. Information may be emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(j) Related Information
(1) For more information about this AD, contact Hal Jensen,
Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; telephone (202) 267-9167; email [email protected].
(2) The subject of this AD is addressed in European Aviation
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD
2017-0156, dated August 24, 2017. You may view the EASA AD on the
internet at https://www.regulations.gov in Docket No. FAA-2021-0344.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Leonardo Helicopters Alert Service Bulletin No. 169-064,
dated August 9, 2017.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Leonardo S.p.A. Helicopters, Emanuele Bufano, Head of Airworthiness,
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone
+39-0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home.
(4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call (817) 222-5110.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on April 26, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-10398 Filed 5-17-21; 8:45 am]
BILLING CODE 4910-13-P
