[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]


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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.

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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