Airworthiness Directives; Leonardo S.p.a. Helicopters, 36202-36205 [2021-14690]
Download as PDF
<![CDATA[
36202
Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations
credit.17 Nevertheless, FHFA will
consult with and refer matters to the
Attorney General and coordinate with
the Department of Justice on
enforcement of fair lending matters as
appropriate.
FHFA will consider whether the
regulated entity has conducted any selfevaluations or undertaken any
corrective actions when making
supervisory and enforcement decisions.
FHFA will view responsible business
practices such as self-testing,
implementation of management
controls, and voluntary remedial action
favorably when making fair lending
supervisory and enforcement
determinations. In particular, FHFA
commits to taking into consideration an
entity’s cooperation and candor during
examinations and monitoring. Regulated
entities are not required to self-report
potential violations of fair lending laws.
However, self-reporting of violations of
fair lending laws will be viewed
favorably by FHFA as it exercises its
discretion. FHFA also considers the
number and duration of violations
identified, the nature of the evidence of
discrimination (i.e., overt
discrimination, disparate treatment, or
disparate impact), the pervasiveness of
the discrimination, the presence and
effectiveness of any anti-discrimination
policies, any history of discriminatory
conduct, any corrective measures
implemented or proposed by the
regulated entity, and any other factors
for determining the appropriateness of
any potential action.
Consideration of Differences Between
the Banks and the Enterprises
jbell on DSKJLSW7X2PROD with RULES
FHFA recognizes the important
distinctions between the two types of
regulated entities, the Enterprises and
the Banks. In drafting this Policy
Statement, FHFA has considered the
differences between the Enterprises and
the Banks with respect to the Banks’
cooperative ownership structure,
mission of providing liquidity to
members, affordable housing and
community development mission,
capital structure, and joint and several
liability, as well as other applicable
differences.18
Sandra L. Thompson,
Acting Director, Federal Housing Finance
Agency.
[FR Doc. 2021–14438 Filed 7–8–21; 8:45 am]
BILLING CODE 8070–01–P
17 15
18 12
U.S.C. 1691e(g).
U.S.C. 4513(f).
VerDate Sep<11>2014
15:58 Jul 08, 2021
Jkt 253001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0542; Project
Identifier MCAI–2021–00117–R; Amendment
39–21641; AD 2021–14–14]
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 AW119 MKII
helicopters. This AD was prompted by
reports of detected smoke and burning
smell during flight, caused by chafing of
electrical wiring. This AD requires an
inspection of the instrument panel
electrical wiring, corrective actions if
necessary, a modification of the wiring
installation, and, for certain helicopters,
an additional modification of the wiring
installation, as specified in a 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
26, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of July 26, 2021.
The FAA must receive comments on
this AD by August 23, 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: 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
SUMMARY:
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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–
0542.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0542; 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.
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:
Background
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2021–0040, dated January 27, 2021
(EASA AD 2021–0040) (also referred to
as the Mandatory Continuing
Airworthiness Information, or the
MCAI), to correct an unsafe condition
for certain Leonardo S.p.a. Model
AW119 MKII helicopters.
This AD was prompted by reports of
detected smoke and burning smell
during flight, caused by chafing of
electrical wiring. The FAA is issuing
this AD to address detected smoke,
burning smell during flight, and chafing
of electrical wiring, which could lead to
further occurrences of smoke in the
cabin, or loss of function of avionics
equipment, and possibly result in
reduced control of the helicopter. See
the MCAI for additional background
information.
Related Service Information Under 1
CFR Part 51
EASA AD 2021–0040 specifies
procedures for an inspection of the
instrument panel electrical wiring for
defects (including wire chafing;
pinched, broken, or severely bent wires;
deteriorated, cracked or missing wire
shielding or insulation; and loose,
corroded, or broken wire connectors),
corrective actions (repair or replacement
of the wiring and a pin to pin continuity
E:\FR\FM\09JYR1.SGM
09JYR1
Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations
check on the repaired wiring) if
necessary, a modification of the wiring
installation, and, for certain helicopters,
an additional modification of the wiring
installation. 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.
jbell on DSKJLSW7X2PROD with RULES
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2021–
0040, described previously, as
incorporated by reference, except for
any differences identified as exceptions
in the regulatory text of this AD.
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
use this process. As a result, EASA AD
2021–0040 is incorporated by reference
in the FAA final rule. This AD will,
therefore, require compliance with
EASA AD 2021–0040 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 2021–0040 that is required for
VerDate Sep<11>2014
15:58 Jul 08, 2021
Jkt 253001
compliance with EASA AD 2021–0040
is available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0542.
FAA’s Justification 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 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.
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies foregoing notice
and comment prior to adoption of this
rule because of detected smoke, burning
smell during flight, and chafing of
electrical wiring, which could lead to
further occurrences of smoke in the
cabin, or loss of function of avionics
equipment, and possibly result in
reduced control of the helicopter. In
addition, the compliance time for the
inspection of the instrument panel
electrical wiring is within 25 hours
time-in-service or 3 months, whichever
occurs first after the effective date of
this AD, which is shorter than the time
necessary for the public to comment and
for publication of the final rule.
Therefore, notice and opportunity for
prior public comment are impracticable
and contrary to public interest pursuant
to 5 U.S.C. 553(b)(3)(B). In addition, 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, for the same reasons the FAA
found good cause to forego notice and
comment.
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–
2021–0542; Project Identifier MCAI–
2021–00117–R’’ at the beginning of your
comments. The most helpful comments
reference a specific portion of the AD,
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
36203
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 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
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
The FAA estimates that this AD
affects 10 helicopters of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
E:\FR\FM\09JYR1.SGM
09JYR1
36204
Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Up to 11 work-hours × $85 per hour = $935 ...................................................................
The FAA has received no definitive
data on which to base the cost estimates
for the on-condition actions specified in
this AD.
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
jbell on DSKJLSW7X2PROD with RULES
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:
(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.
15:58 Jul 08, 2021
Jkt 253001
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
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.
VerDate Sep<11>2014
The Amendment
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2021–14–14 Leonardo S.p.a.: Amendment
39–21641; Docket No. FAA–2021–0542;
Project Identifier MCAI–2021–00117–R.
(a) Effective Date
This airworthiness directive (AD) becomes
effective July 26, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model
AW119 MKII helicopters, certificated in any
category, as identified in European Union
Aviation Safety Agency (EASA) AD 2021–
0040, dated January 27, 2021 (EASA AD
2021–0040).
(d) Subject
Joint Aircraft System Component (JASC)
Code 3197, Instrument System Wiring.
(e) Unsafe Condition
This AD was prompted by reports of
detected smoke and burning smell during
flight, caused by chafing of electrical wiring.
The FAA is issuing this AD to address
detected smoke, burning smell during flight,
and chafing of electrical wiring, which could
lead to further occurrences of smoke in the
cabin, or loss of function of avionics
equipment, and possibly result in reduced
control of the helicopter.
(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 2021–0040.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
$73
Cost per
product
Up to $1,008 .......
Cost on U.S.
operators
Up to $10,080.
(h) Exceptions to EASA AD 2021–0040
(1) Where EASA AD 2021–0040 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2021–0040 does not apply to this AD.
(3) Where EASA AD 2021–0040 refers to
flight hours (FH), this AD requires using
hours time-in-service.
(4) Where paragraph (2) of EASA AD 2021–
0040 specifies actions if ‘‘any defect is
found,’’ for this AD a ‘‘defect’’ includes wire
chafing; pinched, broken, or severely bent
wires; deteriorated, cracked or missing wire
shielding or insulation; and loose, corroded,
or broken wire connectors.
(5) Where paragraph (1) of EASA AD 2021–
0040 refers to ‘‘the instructions of Part I of
the SB,’’ for this AD, use ‘‘the instructions of
Part I, paragraph 3. of the Accomplishment
Instructions of the SB.’’
(6) Where paragraph (2) of EASA AD 2021–
0040 refers to ‘‘the instructions of Part I of
the SB,’’ for this AD, use ‘‘the instructions of
Part I, paragraphs 4. and 5. of the
Accomplishment Instructions of the SB.’’
(7) Where paragraph (4) of EASA AD 2021–
0040 refers to ‘‘the instructions of Part II of
the SB,’’ for this AD, use ‘‘the instructions of
Part II, paragraph 1. of the Accomplishment
Instructions of the SB.’’
(8) Where the service information
referenced in EASA AD 2021–0040 specifies
to contact Leonardo if the cargo hoist
indicator cable is damaged, this AD requires
repair or replacement using a method
approved by the Manager, International
Validation Branch, FAA. The Manager’s
approval letter must specifically refer to this
AD.
(i) Special Flight Permit
Special flight permits may be issued in
accordance with 14 CFR 21.197 and 21.199
to operate the helicopter to a location where
the helicopter can be modified (if the
operator elects to do so), provided no
passengers are onboard.
(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
E:\FR\FM\09JYR1.SGM
09JYR1
Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations
of the local flight standards district office/
certificate holding district office.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
(k) Related Information
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 hal.jensen@
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 Union Aviation Safety Agency
(EASA) AD 2021–0040, dated January 27,
2021.
(ii) [Reserved]
(3) For EASA AD 2021–0040, 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,
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–2021–0542.
(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 July 2, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–14690 Filed 7–7–21; 11:15 am]
BILLING CODE 4910–13–P
14 CFR Part 39
[Docket No. FAA–2020–1180; Project
Identifier MCAI–2020–00517–E; Amendment
39–21608; AD 2021–13–03]
RIN 2120–AA64
Airworthiness Directives; Safran
Helicopter Engines, S.A. (Type
Certificate Previously Held by
Turbomeca, S.A.) Turboshaft Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Safran Helicopter Engines, S.A. (Safran
Helicopter Engines) Arriel 2B, 2B1, 2C,
2C1, 2C2, 2S1 and 2S2 model turboshaft
engines. This AD was prompted by
reports of non-conforming fuel filter
pre-blockage pressure switches. This AD
requires repetitive visual inspections of
the fuel filter by-pass indicator pop-up,
a one-time operational test of the fuel
filter pre-blockage pressure switch and,
depending on the findings, replacement
of the fuel filter pre-blockage pressure
switch with a part eligible for
installation. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective August 13,
2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of August 13, 2021.
ADDRESSES: For service information
identified in this final rule, contact
Safran Helicopter Engines, S.A., Avenue
du 1er Mai, Tarnos, France; phone: +33
(0) 5 59 74 45 11. You may view this
service information at the FAA,
Airworthiness Products Section,
Operational Safety Branch, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (781) 238–
7759. It is also available at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
1180.
SUMMARY:
jbell on DSKJLSW7X2PROD with RULES
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–1180; 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 mandatory continuing
VerDate Sep<11>2014
15:58 Jul 08, 2021
Jkt 253001
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
36205
airworthiness information (MCAI), any
comments received, and other
information. The address for Docket
Operations is U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Wego Wang, Aviation Safety Engineer,
ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone:
(781) 238–7134; fax: (781) 238–7199;
email: wego.wang@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Safran Helicopter
Engines Arriel 2B, 2B1, 2C, 2C1, 2C2,
2S1 and 2S2 model turboshaft engines.
The NPRM published in the Federal
Register on February 22, 2021 (86 FR
10501). The NPRM was prompted by
reports of non-conforming fuel filter
pre-blockage pressure switches. In the
NPRM, the FAA proposed to require
repetitive visual inspections of the fuel
filter by-pass indicator pop-up, a onetime operational test of the fuel filter
pre-blockage pressure switch and,
depending on the findings, replacement
of the fuel filter pre-blockage pressure
switch with a part eligible for
installation. The FAA is issuing this AD
to address the unsafe condition on these
products.
The European Union Aviation Safety
Agency (EASA), which is the Technical
Agent for the Member States of the
European Community, has issued EASA
AD 2019–0180, dated July 25, 2019
(referred to after this as ‘‘the MCAI’’), to
address the unsafe condition on these
products. The MCAI states:
Occurrences have been reported of nonconforming fuel filter pre-blockage pressure
switches, manufactured before December
2016. The non-conformity of the fuel filter
pre-blockage pressure switch can cause its
non-activation in case of fuel system
contamination, with consequent opening of
the by-pass without indication in the cockpit.
This condition, if not detected and
corrected, and in case of fuel contamination,
could lead to an uncommanded in-flight
shut-down, possibly resulting in an
emergency autorotation landing on a single
engine helicopter, or to a double
uncommanded in-flight shut-down on a twin
engine helicopter.
To address this potential unsafe condition,
SAFRAN issued the MSB, providing
inspection instructions.
For the reasons described above, this
[EASA AD] requires repetitive daily visual
checks of the fuel filter by-pass indicator
pop-up. This [EASA] AD also requires a one-
E:\FR\FM\09JYR1.SGM
09JYR1
]]>Agencies
[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Rules and Regulations]
[Pages 36202-36205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14690]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0542; Project Identifier MCAI-2021-00117-R;
Amendment 39-21641; AD 2021-14-14]
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 AW119 MKII helicopters. This AD was
prompted by reports of detected smoke and burning smell during flight,
caused by chafing of electrical wiring. This AD requires an inspection
of the instrument panel electrical wiring, corrective actions if
necessary, a modification of the wiring installation, and, for certain
helicopters, an additional modification of the wiring installation, as
specified in a 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 26, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 26,
2021.
The FAA must receive comments on this AD by August 23, 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-2021-0542.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0542; 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.
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
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0040, dated January 27, 2021
(EASA AD 2021-0040) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for certain Leonardo S.p.a. Model AW119 MKII helicopters.
This AD was prompted by reports of detected smoke and burning smell
during flight, caused by chafing of electrical wiring. The FAA is
issuing this AD to address detected smoke, burning smell during flight,
and chafing of electrical wiring, which could lead to further
occurrences of smoke in the cabin, or loss of function of avionics
equipment, and possibly result in reduced control of the helicopter.
See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0040 specifies procedures for an inspection of the
instrument panel electrical wiring for defects (including wire chafing;
pinched, broken, or severely bent wires; deteriorated, cracked or
missing wire shielding or insulation; and loose, corroded, or broken
wire connectors), corrective actions (repair or replacement of the
wiring and a pin to pin continuity
[[Page 36203]]
check on the repaired wiring) if necessary, a modification of the
wiring installation, and, for certain helicopters, an additional
modification of the wiring installation. 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
2021-0040, described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD.
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 use this process. As a result, EASA AD 2021-0040
is incorporated by reference in the FAA final rule. This AD will,
therefore, require compliance with EASA AD 2021-0040 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 2021-0040 that is
required for compliance with EASA AD 2021-0040 is available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0542.
FAA's Justification 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 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.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because of detected smoke, burning smell during flight, and chafing of
electrical wiring, which could lead to further occurrences of smoke in
the cabin, or loss of function of avionics equipment, and possibly
result in reduced control of the helicopter. In addition, the
compliance time for the inspection of the instrument panel electrical
wiring is within 25 hours time-in-service or 3 months, whichever occurs
first after the effective date of this AD, which is shorter than the
time necessary for the public to comment and for publication of the
final rule. Therefore, notice and opportunity for prior public comment
are impracticable and contrary to public interest pursuant to 5 U.S.C.
553(b)(3)(B). In addition, 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, for the same reasons the FAA found good cause to forego
notice and comment.
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-2021-0542; Project Identifier MCAI-
2021-00117-R'' 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 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 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
The FAA estimates that this AD affects 10 helicopters of U.S.
registry. The FAA estimates the following costs to comply with this AD:
[[Page 36204]]
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 11 work[dash]hours x $85 per $73 Up to $1,008................. Up to $10,080.
hour = $935.
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this AD.
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:
(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:
2021-14-14 Leonardo S.p.a.: Amendment 39-21641; Docket No. FAA-2021-
0542; Project Identifier MCAI-2021-00117-R.
(a) Effective Date
This airworthiness directive (AD) becomes effective July 26,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model AW119 MKII helicopters,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2021-0040, dated January 27, 2021
(EASA AD 2021-0040).
(d) Subject
Joint Aircraft System Component (JASC) Code 3197, Instrument
System Wiring.
(e) Unsafe Condition
This AD was prompted by reports of detected smoke and burning
smell during flight, caused by chafing of electrical wiring. The FAA
is issuing this AD to address detected smoke, burning smell during
flight, and chafing of electrical wiring, which could lead to
further occurrences of smoke in the cabin, or loss of function of
avionics equipment, and possibly result in reduced control of the
helicopter.
(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 2021-0040.
(h) Exceptions to EASA AD 2021-0040
(1) Where EASA AD 2021-0040 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2021-0040 does not apply
to this AD.
(3) Where EASA AD 2021-0040 refers to flight hours (FH), this AD
requires using hours time-in-service.
(4) Where paragraph (2) of EASA AD 2021-0040 specifies actions
if ``any defect is found,'' for this AD a ``defect'' includes wire
chafing; pinched, broken, or severely bent wires; deteriorated,
cracked or missing wire shielding or insulation; and loose,
corroded, or broken wire connectors.
(5) Where paragraph (1) of EASA AD 2021-0040 refers to ``the
instructions of Part I of the SB,'' for this AD, use ``the
instructions of Part I, paragraph 3. of the Accomplishment
Instructions of the SB.''
(6) Where paragraph (2) of EASA AD 2021-0040 refers to ``the
instructions of Part I of the SB,'' for this AD, use ``the
instructions of Part I, paragraphs 4. and 5. of the Accomplishment
Instructions of the SB.''
(7) Where paragraph (4) of EASA AD 2021-0040 refers to ``the
instructions of Part II of the SB,'' for this AD, use ``the
instructions of Part II, paragraph 1. of the Accomplishment
Instructions of the SB.''
(8) Where the service information referenced in EASA AD 2021-
0040 specifies to contact Leonardo if the cargo hoist indicator
cable is damaged, this AD requires repair or replacement using a
method approved by the Manager, International Validation Branch,
FAA. The Manager's approval letter must specifically refer to this
AD.
(i) Special Flight Permit
Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the helicopter to a location where the
helicopter can be modified (if the operator elects to do so),
provided no passengers are onboard.
(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
[[Page 36205]]
of the local flight standards district office/certificate holding
district office.
(k) Related Information
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].
(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 Union Aviation Safety Agency (EASA) AD 2021-0040,
dated January 27, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0040, 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-
2021-0542.
(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 July 2, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-14690 Filed 7-7-21; 11:15 am]
BILLING CODE 4910-13-P
