Airworthiness Directives; Leonardo S.p.a. Helicopters, 38209-38211 [2021-15300]
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38209
Rules and Regulations
Federal Register
Vol. 86, No. 136
Tuesday, July 20, 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 HOMELAND
SECURITY
6 CFR Chapter I
49 CFR Chapter XII
[DHS Docket No. DHS–2021–0026]
Ratification of Security Directive
Office of Strategy, Policy, and
Plans, Department of Homeland
Security (DHS).
ACTION: Notification of ratification of
directive.
AGENCY:
DHS is publishing official
notice that the Transportation Security
Oversight Board (TSOB) has ratified
Transportation Security Administration
(TSA) Security Directive Pipeline–
2021–01, which is applicable to certain
owners and operators (Owner/
Operators) of critical pipeline systems
and facilities and requires actions to
enhance pipeline cybersecurity.
DATES: The ratification was executed on
July 3, 2021, and took effect on that
date.
FOR FURTHER INFORMATION CONTACT: John
D. Cohen, DHS Coordinator for
Counterterrorism and Assistant
Secretary for Counterterrorism and
Threat Prevention, DHS Office of
Strategy, Policy, and Plans, (202) 282–
9708, john.cohen@hq.dhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Background
A. Ransomware Attack on the Colonial
Pipeline Company
On May 8, 2021, the Colonial Pipeline
Company announced that it had halted
its pipeline operations due to a
ransomware attack. This attack
temporarily disrupted critical supplies
of gasoline and other refined petroleum
products throughout the East Coast of
the United States. Cybersecurity
incidents affecting surface
transportation systems, including
pipelines, are a growing threat. The
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15:59 Jul 19, 2021
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cyber-attack on Colonial Pipeline and
resulting disruption of gasoline supplies
to the East Coast demonstrate how
criminal cyber actors are able to disrupt
pipeline systems and networks in ways
that threaten our national and economic
security.
B. TSA Security Directive Pipeline–
2021–01
On May 27, 2021, the Senior Official
Performing the Duties of the TSA
Administrator issued Security Directive
Pipeline-2021–01 (security directive)
requiring Owner/Operators of critical
pipeline systems and facilities to take
crucial measures to enhance pipeline
cybersecurity. TSA issued this security
directive in accordance with 49 U.S.C.
114(l)(2)(A), which authorizes TSA to
issue emergency regulations or security
directives without providing notice or
public comment where ‘‘the
Administrator determines that a
regulation or security directive must be
issued immediately in order to protect
transportation security. . . .’’ TSA took
this emergency action in response to the
attack on Colonial Pipeline, which
demonstrated the significant threat such
attacks pose to the country’s
infrastructure and its national and
economic security as a result. The
directive became effective on May 28,
2021 and is set to expire on May 28,
2022.
This security directive seeks to
immediately enhance the cybersecurity
of critical pipeline systems and facilities
by requiring covered Owner/Operators
to take three crucial actions to enhance
pipeline cybersecurity. First, it requires
TSA-specified Owner/Operators of
critical pipelines to promptly report
cybersecurity incidents to the
Cybersecurity and Infrastructure
Security Agency (CISA). Second, it
requires those Owner/Operators to
designate a Cybersecurity Coordinator
who must be available to TSA and CISA
at all times to coordinate cybersecurity
practices and address any incidents that
arise. Third, it requires Owner/
Operators to review their current
cybersecurity practices against TSA’s
Pipeline Security Guidelines related to
cybersecurity and to assess cyber risks,
identify any gaps, and develop
necessary remediation measures, along
with a timeline for achieving them.
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II. TSOB Ratification
TSA has broad statutory
responsibility and authority to safeguard
the nation’s transportation system,
including pipelines.1 The TSOB—a
body consisting of the heads of various
interested Cabinet agencies, or their
designees, and a representative of the
National Security Council—reviews
certain regulations and security
directives consistent with law.2 Security
directives issued pursuant to the
procedures in 49 U.S.C. 114(l)(2) ‘‘shall
remain effective for a period not to
exceed 90 days unless ratified or
disapproved by the Board or rescinded
by the Administrator.’’ 3 The chairman
of the TSOB convened the Board for
review of TSA Security Directive
Pipeline–2021–01.4 Following its
review, on July 3, 2021, the TSOB
ratified the security directive.
John K. Tien,
Deputy Secretary of Homeland Security &
Chairman of the Transportation Security
Oversight Board.
[FR Doc. 2021–15306 Filed 7–19–21; 8:45 am]
BILLING CODE 9110–9M–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0302; Project
Identifier MCAI–2020–01596–R; Amendment
39–21618; AD 2021–13–13]
RIN 2120–AA64
Airworthiness Directives; Leonardo
S.p.a. Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
SUMMARY:
1 See,
e.g., 49 U.S.C. 114(d), (f), (l), (m).
e.g., 49 U.S.C. 115; 49 U.S.C. 114(l)(2).
3 49 U.S.C. 114(l)(2)(B).
4 The Deputy Secretary of Homeland Security
serves as chairman of the TSOB. DHS Delegation
No. 7071.1, Delegation to the Deputy Secretary to
Chair the Transportation Security Oversight Board
(Apr. 2, 2007). Although the Department of Energy
(DOE) does not have a TSOB member under 49
U.S.C. 115(b), DOE was asked to review TSA
Security Directive Pipeline–2021–01 during the
TSOB ratification process and concurred with the
ratification.
2 See,
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Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Rules and Regulations
Leonardo S.p.a. Model AW189
helicopters. This AD was prompted by
the identification of misleading
information in the emergency procedure
for the ‘‘1(2) FUEL LOW’’ caution
message. This AD requires revising the
existing Rotorcraft Flight Manual (RFM)
for your helicopter. The FAA is issuing
this AD to address the unsafe condition
on these products.
DATES: This AD is effective August 24,
2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain document listed in this AD
as of August 24, 2021.
ADDRESSES: 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://customerportal.leonardo
company.com/en-US/. You may view
the referenced service information at the
FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood
Pkwy., Room 6N–321, Fort Worth, TX
76177. It is also available at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0302.
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Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0302; 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 Union Aviation
Safety Agency (EASA) AD, any
comments received, and other
information. The street 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:
Mitch Soth, Flight Test Engineer,
Southwest Section, Flight Test Branch,
Compliance & Airworthiness Division,
FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone (817) 222–
5110; email mitch.soth@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 Leonardo S.p.a. Model AW189
helicopters. The NPRM published in the
Federal Register on April 19, 2021 (86
FR 20336). In the NPRM, the FAA
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15:59 Jul 19, 2021
Jkt 253001
proposed to require revising page 3–118
of Section 3, Emergency and
Malfunction Procedures, of the existing
RFM for your helicopter to add
remaining flight times (minutes) based
on TQ value (%) and conditions that
further reduce the remaining flight
times. The NPRM was prompted by
EASA AD 2019–0136, dated June 11,
2019 (EASA AD 2019–0136), issued by
EASA, which is the Technical Agent for
the Member States of the European
Union, to correct an unsafe condition
for Leonardo S.p.A. (formerly
Finmeccanica Helicopter Division,
AgustaWestland) Model AW189
helicopters. EASA advises of the
identification of misleading information
in the AW189 RFM Emergency
procedure associated with the ‘‘1(2)
FUEL LOW’’ caution message. In
particular, the procedure at issue
instructs the pilot to land as soon as
practicable within 20 minutes.
However, this remaining flight time is
guaranteed only if a constant torque
value of 50% is maintained. The correct
time limit depends on the fuel
consumption at different engine power
settings. Accordingly, EASA AD 2019–
0136 requires amending section 3 of the
AW189 RFM, ‘‘Emergency and
malfunction procedures,’’ informing all
flight crews, and thereafter, operating
the helicopter accordingly. This
condition, if not addressed, could result
in the wrong estimation of the
remaining flight time in a low fuel
condition, possibly resulting in an
uncommanded engine in-flight shutdown and forced landing, with
consequent damage to the helicopter or
injury to occupants.
EASA initially issued EASA AD
2019–0103, dated May 9, 2019 (EASA
AD 2019–0103), to address this unsafe
condition. EASA issued EASA AD
2019–0136 to supersede EASA AD
2019–0103 to require using the
corrected amendment of the AW189
RFM.
Discussion of Final Airworthiness
Directive
Comments
The FAA received no comments on
the NPRM or on the determination of
the costs.
Conclusion
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 reviewed
the relevant data and determined that
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Sfmt 4700
air safety requires adopting this AD as
proposed. Accordingly, the FAA is
issuing this AD to address the unsafe
condition on these helicopters. Since
the FAA issued the NPRM, the website
address for Leonardo S.p.a. has
changed. This AD updates that contact
information to obtain service
documentation. Additionally, the FAA
made edits to clarify that AW189—RFM,
Document No. 189G0290X002, Record
of Temporary Revisions, TR No. 3–1,
Revision A, dated May 24, 2019
(TR 3–1 Rev A) is included in Annex A
of Leonardo Helicopters Document No.
189G0257A061, ‘‘AW189—MAF for
EASA RFM Issue 2 TR 3–1, Low Fuel
Caution Procedure,’’ Issue B, dated May
22, 2019. This AD is otherwise adopted
as proposed in the NPRM.
Related Service Information Under 1
CFR Part 51
The FAA reviewed TR 3–1 Rev A,
which specifies remaining flight times
(minutes) based on TQ value (%) if the
XFEED is closed or if the XFEED is open
with both fuel pumps ON. TR 3–1 Rev
A also specifies that the remaining flight
times (minutes) are further reduced if
the XFEED is open, both fuel pumps are
ON and one tank has emptied, and the
2 engines are supplied from the
remaining tank.
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.
Differences Between This AD and the
EASA AD
EASA AD 2019–0136 requires
revising the existing RFM for your
helicopter within 14 days, whereas this
AD requires that action within 14 hours
time-in-service after the effective date of
this AD instead. EASA AD 2019–0136
requires removing the RFM changes
previously required by EASA AD 2019–
0103, whereas this AD does not.
Costs of Compliance
The FAA estimates that this AD
affects 4 helicopters of U.S. Registry.
Labor rates are estimated at $85 per
work-hour. Based on these numbers, the
FAA estimates the following costs to
comply with this AD.
Revising the existing RFM for your
helicopter takes about 0.25 work-hour
for an estimated cost of $21 per
helicopter and $84 for the U.S. fleet.
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
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Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Rules and Regulations
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 helicopters 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 above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
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Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2021–13–13 Leonardo S.p.a.: Amendment
39–21618; Docket No. FAA–2021–0302;
Project Identifier MCAI–2020–01596–R.
VerDate Sep<11>2014
15:59 Jul 19, 2021
Jkt 253001
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model
AW189 helicopters, certificated in any
category.
(d) Subject
Joint Aircraft Service Component (JASC)
Code: 7300, Engine fuel and control.
(e) Unsafe Condition
This AD was prompted by the
identification of misleading information in
the emergency procedure for the ‘‘1(2) FUEL
LOW’’ caution message. The FAA is issuing
this AD to prevent the wrong estimation of
the remaining flight time in a low fuel
condition. The unsafe condition, if not
addressed, could result in an uncommanded
engine in-flight shut-down and forced
landing, with subsequent damage to the
helicopter or injury to the occupants.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Within 14 hours time-in-service after the
effective date of this AD, revise page 3–118
of Section 3, Emergency and Malfunction
Procedures, of the existing Rotorcraft Flight
Manual for your helicopter by adding page 3–
118, Temporary Revision 3–1 Rev. A, of
AW189—RFM, Document No.
189G0290X002, Record of Temporary
Revisions, dated May 24, 2019, as contained
in Annex A of Leonardo Helicopters
Document No. 189G0257A061, ‘‘AW189—
MAF for EASA RFM Issue 2 TR 3–1, Low
Fuel Caution Procedure,’’ Issue B, dated May
22, 2019 (TR 3–1 Rev A). Using a different
document with information identical to the
information in page 3–118 of TR 3–1 Rev A
is acceptable for compliance with the
requirement of this paragraph. This action
may be performed by the owner/operator
(pilot) holding at least a private pilot
certificate and must be entered into the
aircraft records showing compliance with
this AD in accordance with § 43.9(a)(1)
through (4) and § 91.417(a)(2)(v). The record
must be maintained as required by § 91.417,
§ 121.380, or § 135.439.
(h) Special Flight Permits
Special flight permits are prohibited.
■
§ 39.13
(a) Effective Date
This airworthiness directive (AD) is
effective August 24, 2021.
(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
PO 00000
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Fmt 4700
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38211
identified in paragraph (j)(1) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(j) Related Information
(1) For more information about this AD,
contact Mitch Soth, Flight Test Engineer,
Southwest Section, Flight Test Branch,
Compliance & Airworthiness Division, FAA,
10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone (817) 222–5110; email
mitch.soth@faa.gov.
(2) The subject of this AD is addressed in
European Union Aviation Safety Agency
(EASA) AD 2019–0136, dated June 11, 2019.
You may view the EASA AD at https://
www.regulations.gov in Docket No. FAA–
2021–0302.
(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) AW189—RFM, Document No.
189G0290X002, Record of Temporary
Revisions, dated May 24, 2019, as contained
in Annex A of Leonardo Helicopters
Document No. 189G0257A061, ‘‘AW189—
MAF for EASA RFM Issue 2 TR 3–1, Low
Fuel Caution Procedure,’’ Issue B, dated May
22, 2019.
(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://
customerportal.leonardocompany.com/enUS/.
(4) You may view this service information
at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fedreg.legal@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
Issued on July 9, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–15300 Filed 7–19–21; 8:45 am]
BILLING CODE 4910–13–P
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]]>Agencies
[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Rules and Regulations]
[Pages 38209-38211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15300]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0302; Project Identifier MCAI-2020-01596-R;
Amendment 39-21618; AD 2021-13-13]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
[[Page 38210]]
Leonardo S.p.a. Model AW189 helicopters. This AD was prompted by the
identification of misleading information in the emergency procedure for
the ``1(2) FUEL LOW'' caution message. This AD requires revising the
existing Rotorcraft Flight Manual (RFM) for your helicopter. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective August 24, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of August 24,
2021.
ADDRESSES: 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://customerportal.leonardocompany.com/en-US/. You may view the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177. It is also available at https://www.regulations.gov by searching
for and locating Docket No. FAA-2021-0302.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0302; 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 Union Aviation Safety Agency (EASA) AD, any comments received,
and other information. The street 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: Mitch Soth, Flight Test Engineer,
Southwest Section, Flight Test Branch, Compliance & Airworthiness
Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone
(817) 222-5110; email [email protected].
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 Leonardo S.p.a. Model
AW189 helicopters. The NPRM published in the Federal Register on April
19, 2021 (86 FR 20336). In the NPRM, the FAA proposed to require
revising page 3-118 of Section 3, Emergency and Malfunction Procedures,
of the existing RFM for your helicopter to add remaining flight times
(minutes) based on TQ value (%) and conditions that further reduce the
remaining flight times. The NPRM was prompted by EASA AD 2019-0136,
dated June 11, 2019 (EASA AD 2019-0136), issued by EASA, which is the
Technical Agent for the Member States of the European Union, to correct
an unsafe condition for Leonardo S.p.A. (formerly Finmeccanica
Helicopter Division, AgustaWestland) Model AW189 helicopters. EASA
advises of the identification of misleading information in the AW189
RFM Emergency procedure associated with the ``1(2) FUEL LOW'' caution
message. In particular, the procedure at issue instructs the pilot to
land as soon as practicable within 20 minutes. However, this remaining
flight time is guaranteed only if a constant torque value of 50% is
maintained. The correct time limit depends on the fuel consumption at
different engine power settings. Accordingly, EASA AD 2019-0136
requires amending section 3 of the AW189 RFM, ``Emergency and
malfunction procedures,'' informing all flight crews, and thereafter,
operating the helicopter accordingly. This condition, if not addressed,
could result in the wrong estimation of the remaining flight time in a
low fuel condition, possibly resulting in an uncommanded engine in-
flight shut-down and forced landing, with consequent damage to the
helicopter or injury to occupants.
EASA initially issued EASA AD 2019-0103, dated May 9, 2019 (EASA AD
2019-0103), to address this unsafe condition. EASA issued EASA AD 2019-
0136 to supersede EASA AD 2019-0103 to require using the corrected
amendment of the AW189 RFM.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the costs.
Conclusion
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 reviewed the relevant
data and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these helicopters. Since the FAA issued the NPRM, the
website address for Leonardo S.p.a. has changed. This AD updates that
contact information to obtain service documentation. Additionally, the
FAA made edits to clarify that AW189--RFM, Document No. 189G0290X002,
Record of Temporary Revisions, TR No. 3-1, Revision A, dated May 24,
2019 (TR 3-1 Rev A) is included in Annex A of Leonardo Helicopters
Document No. 189G0257A061, ``AW189--MAF for EASA RFM Issue 2 TR 3-1,
Low Fuel Caution Procedure,'' Issue B, dated May 22, 2019. This AD is
otherwise adopted as proposed in the NPRM.
Related Service Information Under 1 CFR Part 51
The FAA reviewed TR 3-1 Rev A, which specifies remaining flight
times (minutes) based on TQ value (%) if the XFEED is closed or if the
XFEED is open with both fuel pumps ON. TR 3-1 Rev A also specifies that
the remaining flight times (minutes) are further reduced if the XFEED
is open, both fuel pumps are ON and one tank has emptied, and the 2
engines are supplied from the remaining tank.
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.
Differences Between This AD and the EASA AD
EASA AD 2019-0136 requires revising the existing RFM for your
helicopter within 14 days, whereas this AD requires that action within
14 hours time-in-service after the effective date of this AD instead.
EASA AD 2019-0136 requires removing the RFM changes previously required
by EASA AD 2019-0103, whereas this AD does not.
Costs of Compliance
The FAA estimates that this AD affects 4 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
Revising the existing RFM for your helicopter takes about 0.25
work-hour for an estimated cost of $21 per helicopter and $84 for the
U.S. fleet.
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
[[Page 38211]]
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 helicopters 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 above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
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:
2021-13-13 Leonardo S.p.a.: Amendment 39-21618; Docket No. FAA-2021-
0302; Project Identifier MCAI-2020-01596-R.
(a) Effective Date
This airworthiness directive (AD) is effective August 24, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model AW189 helicopters,
certificated in any category.
(d) Subject
Joint Aircraft Service Component (JASC) Code: 7300, Engine fuel
and control.
(e) Unsafe Condition
This AD was prompted by the identification of misleading
information in the emergency procedure for the ``1(2) FUEL LOW''
caution message. The FAA is issuing this AD to prevent the wrong
estimation of the remaining flight time in a low fuel condition. The
unsafe condition, if not addressed, could result in an uncommanded
engine in-flight shut-down and forced landing, with subsequent
damage to the helicopter or injury to the occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Within 14 hours time-in-service after the effective date of this
AD, revise page 3-118 of Section 3, Emergency and Malfunction
Procedures, of the existing Rotorcraft Flight Manual for your
helicopter by adding page 3-118, Temporary Revision 3-1 Rev. A, of
AW189--RFM, Document No. 189G0290X002, Record of Temporary
Revisions, dated May 24, 2019, as contained in Annex A of Leonardo
Helicopters Document No. 189G0257A061, ``AW189--MAF for EASA RFM
Issue 2 TR 3-1, Low Fuel Caution Procedure,'' Issue B, dated May 22,
2019 (TR 3-1 Rev A). Using a different document with information
identical to the information in page 3-118 of TR 3-1 Rev A is
acceptable for compliance with the requirement 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.
(h) Special Flight Permits
Special flight permits are prohibited.
(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 Mitch Soth,
Flight Test Engineer, Southwest Section, Flight Test Branch,
Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone (817) 222-5110; email [email protected].
(2) The subject of this AD is addressed in European Union
Aviation Safety Agency (EASA) AD 2019-0136, dated June 11, 2019. You
may view the EASA AD at https://www.regulations.gov in Docket No.
FAA-2021-0302.
(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) AW189--RFM, Document No. 189G0290X002, Record of Temporary
Revisions, dated May 24, 2019, as contained in Annex A of Leonardo
Helicopters Document No. 189G0257A061, ``AW189--MAF for EASA RFM
Issue 2 TR 3-1, Low Fuel Caution Procedure,'' Issue B, dated May 22,
2019.
(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://customerportal.leonardocompany.com/en-US/.
(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 July 9, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-15300 Filed 7-19-21; 8:45 am]
BILLING CODE 4910-13-P
