Airworthiness Directives; Leonardo S.p.a. Helicopters, 38209-38211 [2021-15300]

Download as PDF 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: khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 15:59 Jul 19, 2021 Jkt 253001 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. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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, E:\FR\FM\20JYR1.SGM 20JYR1 38210 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. khammond on DSKJM1Z7X2PROD 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–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 VerDate Sep<11>2014 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 PO 00000 Frm 00002 Fmt 4700 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 E:\FR\FM\20JYR1.SGM 20JYR1 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: khammond on DSKJM1Z7X2PROD with RULES 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 Frm 00003 Fmt 4700 Sfmt 4700 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 E:\FR\FM\20JYR1.SGM 20JYR1

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]


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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]
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