Airworthiness Directives; Leonardo S.p.a., 31905-31907 [2021-12516]
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31905
Rules and Regulations
Federal Register
Vol. 86, No. 114
Wednesday, June 16, 2021
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0446; Project
Identifier 2018–SW–029–AD; Amendment
39–21590; AD 2021–12–03]
RIN 2120–AA64
Airworthiness Directives; Leonardo
S.p.a.
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 AW189
helicopters. This AD was prompted by
a report of the bubble window departing
from the helicopter during flight. This
AD requires installation of a new
improved bubble window kit, as
specified in a European Aviation Safety
Agency (now the European Union
Aviation Safety Agency) (EASA) AD,
which is incorporated by reference. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD becomes effective July
1, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of July 1, 2021.
The FAA must receive comments on
this AD by August 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.
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SUMMARY:
VerDate Sep<11>2014
15:52 Jun 15, 2021
Jkt 253001
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For material incorporated by reference
(IBR) in this AD, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone: +49 221 8999
000; email: ADs@easa.europa.eu;
internet: www.easa.europa.eu. You may
find this material on the EASA website
at https://ad.easa.europa.eu. You may
view this material 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 in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0446.
This AD was prompted by a report of
a bubble window departing from the
helicopter during flight. The FAA is
issuing this AD to address degradation
of the installation of the bubble
windows, which could cause loss of a
bubble window during flight, possibly
resulting in damage to the helicopter
and injury to persons on the ground. See
the MCAI for additional background
information.
Examining the AD Docket
FAA’s Determination
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI 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 the same type
design.
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0446; 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 AD, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Andrea Jimenez, Aerospace Engineer,
COS Program Management Section,
Operational Safety Branch, Compliance
& Airworthiness Division, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; phone: 516–228–7330; fax:
516–794–5531; email: 9-avs-nyaco-cos@
faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2018–0082, dated April 11, 2018 (EASA
AD 2018–0082) (also referred to as the
Mandatory Continuing Airworthiness
Information, or the MCAI), to correct an
unsafe condition for Leonardo S.p.a.
Model AW189 helicopters, if equipped
with bubble windows kit part number
8G5620F00111.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Related IBR Material Under 1 CFR Part
51
EASA AD 2018–0082 specifies
procedures for, among other actions,
modifying the left-hand and right-hand
bubble windows with an improved
bubble window kit. 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.
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2018–
0082, 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.’’
Explanation of Required Compliance
Information
In the FAA’s 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 (CAAs) to
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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations
use this process. As a result, EASA AD
2018–0082 is incorporated by reference
in this final rule. This AD, therefore,
requires compliance with EASA AD
2018–0082 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 Action(s)
and Compliance Time(s)’’ in the EASA
AD. Service information specified in
EASA AD 2018–0082 that is required for
compliance with EASA AD 2018–0082
is available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0446.
Differences Between This AD and the
MCAI
The requirements specified in
paragraphs (1), (2), (3) and (5) of EASA
AD 2018–0082 do not apply to this AD.
FAA’s Justification and Determination
of the Effective Date
Section 553(b)(3)(B) 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.
There are currently no domestic
operators of these products. Therefore,
the FAA finds that notice and
opportunity for prior public comment
are unnecessary and 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 relevant data, views, or
arguments about this AD. Send your
comments to an address listed under
ADDRESSES. Include ‘‘Docket No. FAA–
2021–0446; Project Identifier 2018–SW–
029–AD’’ at the beginning of your
comments. The most helpful comments
reference a specific portion of the AD,
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 AD 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 AD.
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
(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 Andrea Jimenez,
Aerospace Engineer, Airframe and
Propulsion Section, FAA, New York
ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone:
516–228–7330; fax: 516–794–5531;
email: 9-avs-nyaco-cos@faa.gov. Any
commentary that the FAA receives that
is not specifically designated as CBI will
be placed in the public docket for this
rulemaking.
Regulatory Flexibility Act (RFA)
The requirements of the 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
Currently, there are no affected U.S.registered helicopters. If an affected
helicopter is imported and placed on
the U.S. Register in the future, the FAA
provides the following cost estimates to
comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
32 work-hours × $85 per hour = $2,720 .................................................................................................................
$2,000
$4,720
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According to the manufacturer, some
or all of the costs of this AD may be
covered under warranty, thereby
reducing the cost impact on affected
individuals. The FAA does not control
warranty coverage for affected
individuals. As a result, the FAA has
included all known costs in the cost
estimate.
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:
VerDate Sep<11>2014
15:52 Jun 15, 2021
Jkt 253001
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
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
develop on products identified in this
rulemaking action.
Regulatory Findings
The FAA determined that this AD
would not have federalism implications
under Executive Order 13132. This AD
would 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 above, I
certify this regulation:
E:\FR\FM\16JNR1.SGM
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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations
(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:
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2018–0082 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
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:
■
2021–12–03 Leonardo S.p.a.: Amendment
39–21590; Docket No. FAA–2021–0446;
Project Identifier 2018–SW–029–AD.
(a) Effective Date
This airworthiness directive (AD) becomes
effective July 1, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model
AW189 helicopters, certificated in any
category, equipped with bubble windows kit
Part Number (P/N) 8G5620F00111, as
identified in European Aviation Safety
Agency (now European Union Aviation
Safety Agency) (EASA) AD 2018–0082, dated
April 11, 2018 (EASA AD 2018–0082).
(d) Subject
Joint Aircraft System Component (JASC)
Code 5600, Window/Windshield System.
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(e) Unsafe Condition
This AD was prompted by a report of a
bubble window departing from the helicopter
during flight. The FAA is issuing this AD to
address degradation of the installation of the
bubble windows, which could cause loss of
a bubble window during flight, possibly
resulting in damage to the helicopter and
injury to persons on the ground.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2018–0082.
VerDate Sep<11>2014
15:52 Jun 15, 2021
Jkt 253001
(h) Exceptions to EASA AD 2018–0082
(1) Where EASA AD 2018–0082 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2018–0082 does not apply to this AD.
(3) Where the service information
referenced in EASA AD 2018–0082 specifies
to discard certain parts, this AD requires
removing those parts from service.
(4) Where EASA AD 2018–0082 refers to
flight hours (FH), this AD requires using
hours time-in-service.
(5) The requirements specified in
paragraphs (1), (2), (3) and (5) of EASA AD
2018–0082 do not apply to this AD.
(j) 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 (k) 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.
(k) Related Information
For more information about this AD,
contact Andrea Jimenez, Aerospace Engineer,
COS Program Management Section,
Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590;
phone: 516–228–7330; fax: 516–794–5531;
email: 9-avs-nyaco-cos@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) 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 this AD specifies otherwise.
(i) European Aviation Safety Agency
(EASA) AD 2018–0082, dated April 11, 2018.
(ii) [Reserved]
(3) For EASA AD 2018–0082, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone: +49 221 8999 000;
email: ADs@easa.europa.eu; internet:
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu.
(4) You may view this service information
at the FAA, Office of the Regional Counsel,
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
31907
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. This
material may be found in the AD docket on
the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–0446.
(5) You may view this material 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 https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
Issued on June 9, 2021.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–12516 Filed 6–15–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2021–0208; Airspace
Docket No. 21–ANM–5]
RIN 2120–AA66
Modification of Class E Airspace;
Missoula, MT
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action modifies the Class
E airspace extending upward from 1,200
feet above the surface at Missoula
International Airport, Missoula, MT.
DATES: Effective 0901 UTC, August 12,
2021. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order 7400.11 and publication of
conforming amendments.
ADDRESSES: FAA Order 7400.11E,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at https://
www.faa.gov//air_traffic/publications/.
For further information, you can contact
the Airspace Policy Group, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
The Order is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of FAA
Order 7400.11E at NARA, email
fedreg.legal@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
SUMMARY:
E:\FR\FM\16JNR1.SGM
16JNR1
Agencies
[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Rules and Regulations]
[Pages 31905-31907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12516]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 /
Rules and Regulations
[[Page 31905]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0446; Project Identifier 2018-SW-029-AD; Amendment
39-21590; AD 2021-12-03]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a.
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 AW189 helicopters. This AD was prompted
by a report of the bubble window departing from the helicopter during
flight. This AD requires installation of a new improved bubble window
kit, as specified in a European Aviation Safety Agency (now the
European Union Aviation Safety Agency) (EASA) AD, which is incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD becomes effective July 1, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 1,
2021.
The FAA must receive comments on this AD by August 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.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For material incorporated by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49
221 8999 000; email: [email protected]; internet: www.easa.europa.eu.
You may find this material on the EASA website at https://ad.easa.europa.eu. You may view this material 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 in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2021-0446.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0446; 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 AD, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; phone: 516-228-7330; fax: 516-794-5531; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0082, dated April 11, 2018
(EASA AD 2018-0082) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for Leonardo S.p.a. Model AW189 helicopters, if equipped with bubble
windows kit part number 8G5620F00111.
This AD was prompted by a report of a bubble window departing from
the helicopter during flight. The FAA is issuing this AD to address
degradation of the installation of the bubble windows, which could
cause loss of a bubble window during flight, possibly resulting in
damage to the helicopter and injury to persons on the ground. See the
MCAI for additional background information.
Related IBR Material Under 1 CFR Part 51
EASA AD 2018-0082 specifies procedures for, among other actions,
modifying the left-hand and right-hand bubble windows with an improved
bubble window kit. 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.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
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 the same type
design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2018-0082, 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.''
Explanation of Required Compliance Information
In the FAA's 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 (CAAs) to
[[Page 31906]]
use this process. As a result, EASA AD 2018-0082 is incorporated by
reference in this final rule. This AD, therefore, requires compliance
with EASA AD 2018-0082 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 Action(s) and Compliance Time(s)'' in the EASA AD. Service
information specified in EASA AD 2018-0082 that is required for
compliance with EASA AD 2018-0082 is available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0446.
Differences Between This AD and the MCAI
The requirements specified in paragraphs (1), (2), (3) and (5) of
EASA AD 2018-0082 do not apply to this AD.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) 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.
There are currently no domestic operators of these products.
Therefore, the FAA finds that notice and opportunity for prior public
comment are unnecessary and 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 relevant data, views, or
arguments about this AD. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0446; Project Identifier 2018-
SW-029-AD'' at the beginning of your comments. The most helpful
comments reference a specific portion of the AD, 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
AD 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 AD.
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 (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 Andrea
Jimenez, Aerospace Engineer, Airframe and Propulsion Section, FAA, New
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 516-228-7330; fax: 516-794-5531; email: [email protected].
Any commentary that the FAA receives that is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.
Regulatory Flexibility Act (RFA)
The requirements of the 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
Currently, there are no affected U.S.-registered helicopters. If an
affected helicopter is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:
Estimated Costs for Required Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
32 work-hours x $85 per hour = $2,720. $2,000 $4,720
------------------------------------------------------------------------
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.
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
The FAA determined that this AD would not have federalism
implications under Executive Order 13132. This AD would 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 above, I certify this regulation:
[[Page 31907]]
(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:
2021-12-03 Leonardo S.p.a.: Amendment 39-21590; Docket No. FAA-2021-
0446; Project Identifier 2018-SW-029-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective July 1,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model AW189 helicopters,
certificated in any category, equipped with bubble windows kit Part
Number (P/N) 8G5620F00111, as identified in European Aviation Safety
Agency (now European Union Aviation Safety Agency) (EASA) AD 2018-
0082, dated April 11, 2018 (EASA AD 2018-0082).
(d) Subject
Joint Aircraft System Component (JASC) Code 5600, Window/
Windshield System.
(e) Unsafe Condition
This AD was prompted by a report of a bubble window departing
from the helicopter during flight. The FAA is issuing this AD to
address degradation of the installation of the bubble windows, which
could cause loss of a bubble window during flight, possibly
resulting in damage to the helicopter and injury to persons on the
ground.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2018-0082.
(h) Exceptions to EASA AD 2018-0082
(1) Where EASA AD 2018-0082 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2018-0082 does not apply
to this AD.
(3) Where the service information referenced in EASA AD 2018-
0082 specifies to discard certain parts, this AD requires removing
those parts from service.
(4) Where EASA AD 2018-0082 refers to flight hours (FH), this AD
requires using hours time-in-service.
(5) The requirements specified in paragraphs (1), (2), (3) and
(5) of EASA AD 2018-0082 do not apply to this AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2018-0082
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) 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 (k) 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.
(k) Related Information
For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 516-228-7330;
fax: 516-794-5531; email: [email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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 this AD specifies otherwise.
(i) European Aviation Safety Agency (EASA) AD 2018-0082, dated
April 11, 2018.
(ii) [Reserved]
(3) For EASA AD 2018-0082, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email:
[email protected]; internet: www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
(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. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0446.
(5) You may view this material 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 June 9, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-12516 Filed 6-15-21; 8:45 am]
BILLING CODE 4910-13-P