Airworthiness Directives; Leonardo S.p.a. Helicopters, 47608-47611 [2021-18256]
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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Proposed Rules
§ 628.63
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Disclosures.
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TABLE 3 TO § 628.63—CAPITAL ADEQUACY
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Quantitative disclosures ............................................................................ (b) Risk-weighted assets for:
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5. Add Appendix A to Part 628 to read
as follows:
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(8) HVCRE exposures;
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Appendix A to Part 628—Loan-to-Value
Limits for High Volatility Commercial
Real Estate Exposures
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definition of high volatility commercial real
estate exposure in § 628.2.
Table A sets forth the loan-to-value limits
specified in paragraph (2)(iv)(A) of the
TABLE A—LOAN-TO-VALUE LIMITS FOR HIGH VOLATILITY COMMERCIAL REAL ESTATE EXPOSURES
Loan category
Loan-to-value
limit
(percent)
Raw Land .............................................................................................................................................................................................
Land development ...............................................................................................................................................................................
Construction:
Commercial, multifamily,1 and other non-residential ....................................................................................................................
1- to 4-family residential ...............................................................................................................................................................
Improved property ........................................................................................................................................................................
Owner-occupied 1- to 4-family and home equity .........................................................................................................................
65
75
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80
85
85
2 85
1 Multifamily
construction includes condominiums and cooperatives.
a loan is covered by private mortgage insurance, the loan-to-value (LTV) may exceed 85 percent to the extent that the loan amount in excess of 85 percent is covered by the insurance. If a loan is guaranteed by Federal, State, or other governmental agencies, the LTV limit is 97
percent.
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2 If
The loan-to-value limits should be applied
to the underlying property that collateralizes
the loan. For loans that fund multiple phases
of the same real estate project (e.g., a loan for
both land development and construction of
an office building), the appropriate loan-tovalue limit is the limit applicable to the final
phase of the project funded by the loan;
however, loan disbursements should not
exceed actual development or construction
outlays. In situations where a loan is fully
cross-collateralized by two or more
properties or is secured by a collateral pool
of two or more properties, the appropriate
maximum loan amount under loan-to-value
limits is the sum of the value of each
property, less senior liens, multiplied by the
appropriate loan-to-value limit for each
property. To ensure that collateral margins
remain within the limits, System institutions
should redetermine conformity whenever
collateral substitutions are made to the
collateral pool.
Dated: August 12, 2021.
Dale Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2021–17560 Filed 8–25–21; 8:45 am]
BILLING CODE 6705–01–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0697; Project
Identifier MCAI–2020–01540–R]
RIN 2120–AA64
Airworthiness Directives; Leonardo
S.p.a. Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Leonardo S.p.a. Model A109E
helicopters. This proposed AD was
prompted by reports of cracking in the
center fuselage frame assembly in the
intersection of the lateral pylon and
floor spar at station (STA) 1815 on the
left- and right-hand sides. This
proposed AD would require repetitive
inspections of the intersection of the
lateral pylon and floor spar at STA 1815
SUMMARY:
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for cracking and, depending on the
findings, repair, as specified in a
European Union Aviation Safety Agency
(EASA) AD, which is proposed for
incorporation by reference (IBR). The
FAA is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments
on this proposed AD by October 12,
2021.
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 EASA material that is proposed
for IBR in this AD, contact EASA,
ADDRESSES:
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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Proposed Rules
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may
find this IBR 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. The EASA material
is also available at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0697.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0697; 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
NPRM, the EASA AD, any comments
received, and other information. The
street address for Docket Operations is
listed above.
FOR FURTHER INFORMATION CONTACT:
Andrea Jimenez, Aerospace Engineer,
COS Program Management Section,
Operational Safety Branch, Compliance
& Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY
11590; telephone (516) 228–7330; email
andrea.jimenez@faa.gov.
SUPPLEMENTARY INFORMATION:
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Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2021–0697; Project Identifier
MCAI–2020–01540’’ at the beginning of
your comments. The most helpful
comments reference a specific portion of
the proposal, 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 proposal
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 NPRM.
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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 NPRM
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 NPRM, 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
NPRM. Submissions containing CBI
should be sent to Andrea Jimenez,
Aerospace Engineer, COS Program
Management Section, Operational
Safety Branch, Compliance &
Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY
11590; telephone (516) 228–7330; email
andrea.jimenez@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.
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2020–0256,
dated November 17, 2020 (EASA AD
2020–0256), to correct an unsafe
condition for Leonardo S.p.A., formerly
Finmeccanica S.p.A., AgustaWestland
S.p.A., and Agusta S.p.A., Model A109E
helicopters, serial numbers 11001
through 11674 inclusive.
This proposed AD was prompted by
reports of cracking in the center fuselage
frame assembly in the intersection of the
lateral pylon and floor spar at STA 1815
on the left- and right-hand sides. The
FAA is proposing this AD to address
cracking in the center fuselage frame
assembly in the intersection of the
lateral pylon and floor spar at STA 1815
on the left- and right-hand sides, which,
if not addressed, could affect the
structural integrity of the helicopter. See
EASA AD 2020–0256 for additional
background information.
Related Service Information Under 1
CFR Part 51
EASA AD 2020–0256 requires
repetitive inspections of STA 1815 for
cracking, fluorescent liquid penetrant
inspections of any cracking to determine
the extent of the cracking, and repair if
necessary. For both the left- and right-
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47609
hand side repair, the actions include
removing equipment and furnishings to
gain access to the work area; testing the
flight control system for correct travel of
the flight controls; performing an
operational test of the cockpit and
passenger doors caution system;
installing a new forward cap; installing
a new angle, butt strap, and web;
installing new cotter pins; and reinstalling the removed equipment and
furnishings when the repair is complete.
For the left-hand side repair, the
actions also include replacing the nut
plates with new nut plates, and an
operational test of the collective control
system and tail rotor control system. For
the right-hand side repair, the actions
include an operational test of the cyclic
control system.
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
These helicopters have been approved
by EASA and are approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the
European Union, EASA has notified the
FAA about the unsafe condition
described in its AD. The FAA is
proposing this AD after evaluating all
known relevant information and
determining that the unsafe condition
described previously is likely to exist or
develop on other helicopters of the same
type design.
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
EASA AD 2020–0256, described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this proposed AD and
except as discussed under ‘‘Differences
Between this Proposed AD and the
MCAI.’’
Differences Between This Proposed AD
and the MCAI
EASA AD 2020–0256 specifies to
accomplish corrective actions if ‘‘any
crack is detected in an affected area’’
during a required inspection. Figure 1 of
the service information referenced in
EASA AD 2020–0256 depicts the
affected area, but the FWD bulkhead is
mislabeled as AFT. This proposed AD
includes an exception to clarify the
correct location of the FWD bulkhead
depicted in Figure 1.
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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Proposed Rules
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, the FAA proposes to
incorporate EASA AD 2020–0256 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2020–0256
in its entirety through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Using common terms that are the same
as the heading of a particular section in
EASA AD 2020–0256 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 EASA AD 2020–0256.
Service information referenced in EASA
AD 2020–0256 for compliance will be
available at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–0697 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 70
helicopters of U.S. Registry. The FAA
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS
Action
Labor cost
Inspection ....
6 work-hours × $85 per hour = $510 per inspection
cycle.
The FAA estimates the following
costs to do any necessary repairs that
would be required based on the results
Cost per
product
Parts cost
$0
Cost on U.S. operators
$510 per inspection cycle
of the proposed inspection. The agency
has no way of determining the number
$35,700 per inspection
cycle.
of helicopters that might need these
repairs:
ON-CONDITION COSTS
Action
Labor cost
Parts cost
Repair left-hand side .....................
120 work-hours × $85 per hour =
$10,200.
120 work-hour × $85 per hour =
$10,200.
$6,600 ...........................................
$16,800
5,200 .............................................
15,400
Repair right-hand side ...................
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some of the
costs of this proposed AD may be
covered under warranty, thereby
reducing the cost impact on affected
operators.
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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
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17:29 Aug 25, 2021
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develop on products identified in this
rulemaking action.
Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed 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 proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Cost per product
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 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
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Leonardo S.p.a.: Docket No. FAA–2021–
0697; Project Identifier MCAI–2020–
01540–R.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by October 12,
2021.
List of Subjects in 14 CFR Part 39
(b) Affected ADs
None.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
(c) Applicability
This AD applies to Leonardo S.p.a. Model
A109E helicopters, certificated in any
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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Proposed Rules
category, as identified in European Union
Aviation Safety Agency (EASA) AD 2020–
0256, dated November 17, 2020 (EASA AD
2020–0256).
(d) Subject
Joint Aircraft Service Component (JASC)
Code: 5300, Fuselage Structure.
(e) Unsafe Condition
This AD was prompted by reports of
cracking in the center fuselage frame
assembly in the intersection of the lateral
pylon and floor spar at station (STA) 1815 on
the left- and right-hand sides. The FAA is
issuing this AD to address cracking in the
intersection of the lateral pylon and floor
spar at STA 1815 on the left- and right-hand
sides, which, if not addressed, could affect
the structural integrity 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 2020–0256.
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(h) Exceptions to EASA AD 2020–0256
(1) Where EASA AD 2020–0256 requires
compliance in terms of flight hours, this AD
requires using hours time-in-service.
(2) Where EASA AD 2020–0256 AD refers
to its effective date, this AD requires using
the effective date of this AD.
(3) Where Figure 1 of the service
information referenced in EASA AD 2020–
0256 depicts the AFT bulkhead twice, for
clarification, the FWD bulkhead is
mislabeled as AFT and depicted on the left
side of Figure 1, below 109–0320–96 POST
ASSY (REF) and above FWD CAP.
(4) Where the service information
referenced in EASA AD 2020–0256 specifies
discarding parts, this AD requires removing
those parts from service.
(5) Where paragraph (2) of EASA AD 2020–
0256 or the service information referenced in
EASA AD 2020–0256 specifies to contact the
manufacturer for repair information, for this
AD: Before further flight, do the repair using
a method approved by the Manager,
International Validation Branch, FAA; or
EASA; or Leonardo S.p.a.’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(6) This AD does not require the
‘‘Remarks’’ section of EASA AD 2020–0256.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2020–0256 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
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16:45 Aug 25, 2021
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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)(2) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(k) Related Information
(1) For EASA AD 2020–0256, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; internet
www.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.
This material may be found in the AD docket
at https://www.regulations.gov by searching
for and locating Docket No. FAA–2021–0697.
(2) For more information about this AD,
contact Andrea Jimenez, Aerospace Engineer,
COS Program Management Section,
Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart
Ave., Suite 410, Westbury, NY 11590;
telephone (516) 228–7330; email
andrea.jimenez@faa.gov.
Issued on August 18, 2021.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–18256 Filed 8–25–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0201]
RIN 1625–AA00
Safety Zone; Columbia River Outfall
Project, Columbia River, Vancouver,
WA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone for
certain navigable waters of the
Columbia River. This action is necessary
to provide for the safety of life on these
navigable waters near Knapp, WA, at
Columbia River Mile 95.8 from October
1, 2021, through March 15, 2022. This
proposed rulemaking would prohibit
SUMMARY:
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47611
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port Sector Columbia
River or a designated representative. We
invite your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before September 10, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0201 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
If
you have questions about this proposed
rulemaking, call or email LCDR Dixon
Whitley, Waterways Management
Division, Marine Safety Unit Portland,
U.S. Coast Guard; telephone 503–240–
9319, email D13-SMBMSUPortlandWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On November 18, 2020, the Discovery
Clean Water Alliance notified the Coast
Guard that it would begin construction
for their Phase 5A Project: Columbia
River Outfall and Effluent Pipeline from
12:01 a.m. on October 1, 2021, through
11:59 p.m. on March 15, 2022, to
remove and replace existing pipeline.
The construction project includes the
removal and replacement of an existing
navigation marker (3-pile dolphin),
installation of a 48″ pipeline in the
riverbed outside the navigation channel,
and removal of an existing 30″ pipeline
from the riverbed. The scope of work
may include the need to construct
temporary pile-supported work
platforms, or dredge, to access shallow
water areas. Lighted barges will be used
in deeper water. The Captain of the Port
Sector Columbia River (COTP) has
determined that potential hazards
associated with the construction project
would be a safety concern for anyone
within the designated area of the
Columbia River Outfall and Effluent
Pipeline construction project.
The purpose of this rulemaking is to
ensure the safety of vessels and the
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]]>Agencies
[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Proposed Rules]
[Pages 47608-47611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18256]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0697; Project Identifier MCAI-2020-01540-R]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Leonardo S.p.a. Model A109E helicopters. This proposed AD
was prompted by reports of cracking in the center fuselage frame
assembly in the intersection of the lateral pylon and floor spar at
station (STA) 1815 on the left- and right-hand sides. This proposed AD
would require repetitive inspections of the intersection of the lateral
pylon and floor spar at STA 1815 for cracking and, depending on the
findings, repair, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is proposed for incorporation by reference
(IBR). The FAA is proposing this AD to address the unsafe condition on
these products.
DATES: The FAA must receive comments on this proposed AD by October 12,
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 EASA material that is proposed for IBR in this AD, contact
EASA,
[[Page 47609]]
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email [email protected]; internet www.easa.europa.eu. You may
find this IBR 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. The EASA material is also
available at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0697.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0697; 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 NPRM, the EASA AD,
any comments received, and other information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone (516) 228-7330; email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0697; Project Identifier
MCAI-2020-01540'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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 proposal 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 NPRM.
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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to
Andrea Jimenez, Aerospace Engineer, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; 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.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0256, dated November 17, 2020
(EASA AD 2020-0256), to correct an unsafe condition for Leonardo
S.p.A., formerly Finmeccanica S.p.A., AgustaWestland S.p.A., and Agusta
S.p.A., Model A109E helicopters, serial numbers 11001 through 11674
inclusive.
This proposed AD was prompted by reports of cracking in the center
fuselage frame assembly in the intersection of the lateral pylon and
floor spar at STA 1815 on the left- and right-hand sides. The FAA is
proposing this AD to address cracking in the center fuselage frame
assembly in the intersection of the lateral pylon and floor spar at STA
1815 on the left- and right-hand sides, which, if not addressed, could
affect the structural integrity of the helicopter. See EASA AD 2020-
0256 for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0256 requires repetitive inspections of STA 1815 for
cracking, fluorescent liquid penetrant inspections of any cracking to
determine the extent of the cracking, and repair if necessary. For both
the left- and right-hand side repair, the actions include removing
equipment and furnishings to gain access to the work area; testing the
flight control system for correct travel of the flight controls;
performing an operational test of the cockpit and passenger doors
caution system; installing a new forward cap; installing a new angle,
butt strap, and web; installing new cotter pins; and re-installing the
removed equipment and furnishings when the repair is complete.
For the left-hand side repair, the actions also include replacing
the nut plates with new nut plates, and an operational test of the
collective control system and tail rotor control system. For the right-
hand side repair, the actions include an operational test of the cyclic
control system.
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
These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other helicopters of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0256, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed AD and the MCAI.''
Differences Between This Proposed AD and the MCAI
EASA AD 2020-0256 specifies to accomplish corrective actions if
``any crack is detected in an affected area'' during a required
inspection. Figure 1 of the service information referenced in EASA AD
2020-0256 depicts the affected area, but the FWD bulkhead is mislabeled
as AFT. This proposed AD includes an exception to clarify the correct
location of the FWD bulkhead depicted in Figure 1.
[[Page 47610]]
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2020-0256 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2020-0256 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2020-0256 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 EASA AD 2020-
0256. Service information referenced in EASA AD 2020-0256 for
compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0697 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 70 helicopters of U.S. Registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Inspection...................... 6 work-hours x $85 per $0 $510 per inspection $35,700 per
hour = $510 per cycle. inspection cycle.
inspection cycle.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary repairs
that would be required based on the results of the proposed inspection.
The agency has no way of determining the number of helicopters that
might need these repairs:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Repair left-hand side................ 120 work-hours x $85 $6,600................. $16,800
per hour = $10,200.
Repair right-hand side............... 120 work-hour x $85 per 5,200.................. 15,400
hour = $10,200.
----------------------------------------------------------------------------------------------------------------
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators.
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed 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 proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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 Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:
Leonardo S.p.a.: Docket No. FAA-2021-0697; Project Identifier MCAI-
2020-01540-R.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 12, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model A109E helicopters,
certificated in any
[[Page 47611]]
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2020-0256, dated November 17, 2020 (EASA AD 2020-0256).
(d) Subject
Joint Aircraft Service Component (JASC) Code: 5300, Fuselage
Structure.
(e) Unsafe Condition
This AD was prompted by reports of cracking in the center
fuselage frame assembly in the intersection of the lateral pylon and
floor spar at station (STA) 1815 on the left- and right-hand sides.
The FAA is issuing this AD to address cracking in the intersection
of the lateral pylon and floor spar at STA 1815 on the left- and
right-hand sides, which, if not addressed, could affect the
structural integrity 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 2020-0256.
(h) Exceptions to EASA AD 2020-0256
(1) Where EASA AD 2020-0256 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
(2) Where EASA AD 2020-0256 AD refers to its effective date,
this AD requires using the effective date of this AD.
(3) Where Figure 1 of the service information referenced in EASA
AD 2020-0256 depicts the AFT bulkhead twice, for clarification, the
FWD bulkhead is mislabeled as AFT and depicted on the left side of
Figure 1, below 109-0320-96 POST ASSY (REF) and above FWD CAP.
(4) Where the service information referenced in EASA AD 2020-
0256 specifies discarding parts, this AD requires removing those
parts from service.
(5) Where paragraph (2) of EASA AD 2020-0256 or the service
information referenced in EASA AD 2020-0256 specifies to contact the
manufacturer for repair information, for this AD: Before further
flight, do the repair using a method approved by the Manager,
International Validation Branch, FAA; or EASA; or Leonardo S.p.a.'s
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
(6) This AD does not require the ``Remarks'' section of EASA AD
2020-0256.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2020-0256
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k)(2) of
this AD. Information may be emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(k) Related Information
(1) For EASA AD 2020-0256, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.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. This material may be found in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0697.
(2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected].
Issued on August 18, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-18256 Filed 8-25-21; 8:45 am]
BILLING CODE 4910-13-P
