Airworthiness Directives; Leonardo S.p.a. Helicopters, 59900-59903 [2021-23264]
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Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Proposed Rules
helicopter as eligible to operate as a
Model 47D1. The commenter explained
that the Rebel Rotors S/N B–101–R
helicopter is not a Scott’s-Bell Model
47D1 helicopter, and as the proposed
AD was written, would not be captured
in the applicability, despite the fact that
it likely had the same unsafe condition
addressed in the proposed AD. The
commenter suggested that the
applicability be changed to mirror what
is in the Scott’s-Bell 47, Inc. service
information ‘‘All Helicopters listed on
Type Certificate Data Sheets H–1, 2H1,
and 2H3, which have Marvel Schebler
carburetors models . . . installed.’’
The FAA acknowledges this comment
to the NPRM. However, because the
FAA is withdrawing the NPRM, the
commenter’s request is no longer
necessary.
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Request To Clarify the Compliance
Time
Scott’s-Bell 47, Inc. also requested
that the compliance time in paragraph
(e)(3) of the proposed AD be revised to
state ‘‘Within 100 hours time-in-service
or at the next annual or 100-hour
inspection, whichever occurs first, and
thereafter any time the throttle linkage
connection is disassembled.’’ The
commenter explained that, as written in
the proposed AD, this compliance time
does not address disassembly and, if
disassembly were to occur after the first
flight of the day and the helicopter was
returned to service on the same day, the
current wording would not require
proper rigging to be performed for the
second and subsequent flights of that
day. The commenter suggested that its
proposed wording would capture all
variables and eliminate unnecessary rerigging of the helicopter.
The FAA acknowledges this comment
to the NPRM. However, because the
FAA is withdrawing the NPRM, the
commenter’s request is no longer
necessary.
Request To Include Additional
Required Actions
Furthermore, Scott’s-Bell 47, Inc.
requested that paragraphs (e)(3)(i) and
(ii) of the proposed AD be revised to
include additional required actions. The
commenter stated that paragraph
(e)(3)(i) of the proposed AD requires
operators to ‘‘adjust and secure the
throttle linkage as specified in
Appendix 1 of the Scott’s-Bell
Maintenance and Overhaul Instructions
Temporary Revision . . . .’’ but other
vital functions, including a functionality
check after adjusting and securing,
followed by applying anti-sabotage
lacquer, are not included, and,
therefore, would not be required. The
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commenter recommended that
paragraph (e)(3)(i) be revised to ‘‘Adjust,
secure, perform functionality check, and
apply anti-sabotage lacquer to the
throttle linkage, as specified in
Appendix 1 of the Scott’s-Bell
Maintenance and Overhaul Instructions
Temporary Revision that is applicable to
your helicopter, as listed in Table 1 of
Scott’s-Bell Alert Service Bulletin 47–
15–27 R1, dated November 1, 2016.’’
In regard to paragraph (e)(3)(ii) of the
proposed AD, the commenter proposed
that this paragraph be revised to state
‘‘. . . and 47K helicopters, adjust,
secure, perform functionality check and
apply anti-sabotage lacquer to the
throttle linkage using a method
approved . . . .’’
The FAA acknowledges this comment
to the NPRM. However, because the
FAA is withdrawing the NPRM, the
commenter’s request is no longer
necessary.
FAA’s Conclusions
Upon further consideration of the
available information, the FAA has
determined that the NPRM is
unnecessary. Accordingly, the NPRM is
withdrawn.
Regulatory Findings
Since this action only withdraws an
NPRM, it is neither a proposed nor a
final rule. This action therefore is not
covered under Executive Order 12866,
the Regulatory Flexibility Act, or DOT
Regulatory Policies and Procedures (44
FR 11034, February 26, 1979).
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Withdrawal
Accordingly, the notice of proposed
rulemaking, Docket No. FAA–2018–
0440, which was published in the
Federal Register on May 18, 2018 (83
FR 23240), is withdrawn.
■
Issued on October 22, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–23514 Filed 10–28–21; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0570; Project
Identifier 2019–SW–091–AD]
RIN 2120–AA64
Airworthiness Directives; Leonardo
S.p.a. Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (SNPRM);
reopening of comment period.
AGENCY:
The FAA is revising a notice
of proposed rulemaking (NPRM) that
applied to certain Leonardo S.p.a.
Model AW169 helicopters. This action
revises the NPRM by requiring
modification of certain pilot and copilot yaw pedal assemblies with an
improved design and re-identification of
the affected parts, as specified in a
European Union Aviation Safety Agency
(EASA) airworthiness directive (AD),
which is proposed for incorporation by
reference (IBR). The FAA is proposing
this AD to address the unsafe condition
on these products. Since these actions
would impose an additional burden
over those in the NPRM, the agency is
requesting comments on this SNPRM.
DATES: The comment period for the
NPRM published in the Federal
Register on July 28, 2021 (86 FR 40371),
is reopened.
The FAA must receive comments on
this SNPRM by December 13, 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,
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 the EASA material at the
SUMMARY:
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Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Proposed Rules
FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood
Pkwy., Room 6N–321, Fort Worth, TX
76177. For information on the
availability of the EASA 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–
0570.
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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–2021–0570; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains the
NPRM, this SNPRM, the EASA AD, any
comments received, and other
information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT:
Kristi Bradley, Program Manager, COS
Program Management Section,
Operational Safety Branch, Compliance
& Airworthiness Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone (817) 222–5485; email
kristin.bradley@faa.gov.
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–2021–0570; Project Identifier
2019–SW–091–AD’’ 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
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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 Kristi Bradley,
Program Manager, COS Program
Management Section, Operational
Safety Branch, Compliance &
Airworthiness Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone (817) 222–5485; email
kristin.bradley@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
The FAA issued an NPRM to amend
14 CFR part 39 by adding an AD that
would apply to certain Leonardo S.p.a.
Model AW169 helicopters. The NPRM
published in the Federal Register on
July 28, 2021 (86 FR 40371). In the
NPRM, the FAA proposed to require
modification of the pilot and co-pilot
yaw pedal assemblies. The NPRM was
prompted by EASA AD 2019–0252,
dated October 10, 2019 (EASA AD
2019–0252), 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 S.p.A and
AgustaWestland S.p.A) Model AW169
helicopters, all serial numbers. EASA
advised that there was a report of a
broken adjustable device that is part of
the pilot and co-pilot yaw pedal
assemblies. This condition, if not
addressed, could result in failure of a
yaw pedal adjuster, which could result
in reduced yaw control of the
helicopter.
Accordingly, EASA AD 2019–0252
required modification (rework) of the
affected pilot and co-pilot assemblies
and re-identification of each affected
part after it has been modified. The
modification included the installation of
additional end stroke stops on the pilot
and co-pilot pedal assemblies. EASA
considered EASA AD 2019–0252 an
interim action and stated that further
EASA AD action may follow.
Actions Since the NPRM Was Issued
Since the NPRM was issued, EASA
issued AD 2021–0199, dated August 27,
2021 (EASA AD 2021–0199), which
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59901
supersedes EASA AD 2019–0252. EASA
advises that three additional events
have been reported where the universal
joint of the adjusting mechanism on the
yaw pedals failed. Prompted by these
findings, Leonardo S.p.a. developed a
new modification that introduces
upgraded pilot and co-pilot pedal
assemblies with an improved design,
which removes the failure modes.
Accordingly, EASA AD 2021–0199
requires modification (rework) of the
affected pilot and co-pilot assemblies
and re-identification of each affected
part after it has been modified. The
modification includes replacing the
pedal main support assembly, adjuster
screw assembly, knob assembly, and
spring pin, and removing the additional
end stroke stops that were installed on
the pilot and co-pilot pedal assemblies
using the modification specified in
EASA AD 2019–0252. EASA AD 2021–
0199 also provides an option to replace
an affected part with a non-affected part
instead of doing the modification.
In addition, the FAA revised the
applicability of this proposed AD from
Leonardo S.p.a. Model AW169
helicopters with an affected part
installed (as specified in the NPRM), to
all Leonardo S.p.a. Model AW169
helicopters. This revised applicability
matches EASA AD 2021–0199.
Comments
The FAA gave the public the
opportunity to participate in developing
this proposed AD. The FAA received no
comments on the NPRM or on the
determination of the cost.
FAA’s Determination
This helicopter has been approved by
EASA and is 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.
Certain changes described above expand
the scope of the NPRM. As a result, it
is necessary to reopen the comment
period to provide additional
opportunity for the public to comment
on this SNPRM.
Related Service Information Under 1
CFR Part 51
EASA AD 2021–0199 requires
modification of the affected pilot and
co-pilot assemblies and re-identification
of each affected part after it has been
modified. EASA AD 2021–0199 also
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Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Proposed Rules
provides an option to replace an
affected part with a non-affected part
instead of doing the modification. EASA
AD 2021–0199 also prohibits the
installation of affected parts.
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.
Proposed AD Requirements in This
SNPRM
This proposed AD would require
accomplishing the actions specified in
EASA AD 2021–0199, described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
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 certain 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, EASA AD 2021–0199
will be incorporated by reference in the
FAA final rule. This proposed AD
would, therefore, require compliance
with EASA AD 2021–0199 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 2021–
0199 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
2021–0199. Service information
specified in EASA AD 2021–0199 that is
required for compliance with it will be
available at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–0570 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 10
helicopters of U.S. Registry. The FAA
estimates the following costs to comply
with this proposed AD.
ESTIMATED COSTS
Action
Labor cost
Modify and re-identify affected parts ..............
25 work-hours × $85 per hour = $2,125 ........
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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
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Cost per
product
Parts cost
$0
$2,125
Cost on U.S.
operators
$21,250
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.
§ 39.13
List of Subjects in 14 CFR Part 39
(d) Subject
Joint Aircraft Service Component (JASC)
Code: 6700, Rotorcraft Flight Control.
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
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[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Leonardo S.p.a.: Docket No. FAA–2021–
0570; Project Identifier 2019–SW–091–
AD.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by December 13,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Leonardo S.p.a.
Model AW169 helicopters, certificated in any
category.
(e) Unsafe Condition
This AD was prompted by a report of a
broken adjustable device that is part of the
pilot and co-pilot yaw pedal assemblies. The
FAA is issuing this AD to address failure of
a yaw pedal adjuster, which could result in
reduced yaw control of the helicopter.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
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accordance with, European Union Aviation
Safety Agency (EASA) AD 2021–0199, dated
August 27, 2021 (EASA AD 2021–0199).
(h) Exceptions to EASA AD 2021–0199
(1) Where EASA AD 2021–0199 refers to
flight hours, this AD requires using hours
time-in-service.
(2) Where EASA AD 2021–0199 refers to its
effective date, this AD requires using the
effective date of this AD.
(3) Where the service information
referenced in EASA AD 2021–0199 specifies
discarding certain parts, this AD requires
removing those parts from service.
(4) This AD does not mandate compliance
with the ‘‘Remarks’’ section of EASA AD
2021–0199.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2021–0199 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) Special Flight Permit
Special flight permits, as described in 14
CFR 21.197 and 21.199, are prohibited.
(k) 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 (l)(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.
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(l) Related Information
(1) For EASA AD 2021–0199, 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–2021–0570.
(2) For more information about this AD,
contact Kristi Bradley, Program Manager,
COS Program Management Section,
Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone (817) 222–5485; email
kristin.bradley@faa.gov.
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Issued on October 20, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–23264 Filed 10–28–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0944; Project
Identifier MCAI–2020–00800–G]
RIN 2120–AA64
Airworthiness Directives; FiberglasTechnik Rudolf Lindner GmbH & Co.
KG (Type Certificate Previously Held
by GROB Aircraft AG, Grob Aerospace
GmbH i.l., Grob Aerospace GmbH,
Burkhart Grob Luft-und Raumfahrt
GmbH & Co. KG) Gliders
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Fiberglas-Technik Rudolf Lindner
GmbH & Co. KG (type certificate
previously held by GROB Aircraft AG,
Grob Aerospace GmbH i.l., Grob
Aerospace GmbH, Burkhart Grob Luftund Raumfahrt GmbH & Co. KG) Model
G102 ASTIR CS, G103 TWIN ASTIR,
G103 TWIN II, G103A TWIN II ACRO,
G103C TWIN III ACRO, and G 103 C
TWIN III SL gliders. This proposed AD
was prompted by mandatory continuing
airworthiness information (MCAI)
issued by the aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as corrosion on the elevator
control pushrod. This proposed AD
would require inspecting the elevator
control pushrod for water and corrosion
and replacing the pushrod if necessary.
The FAA is proposing this AD to
address the unsafe condition on these
products.
SUMMARY:
The FAA must receive comments
on this proposed AD by December 13,
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.
DATES:
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59903
• 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 service information identified in
this NPRM, contact Fiberglas-Technik
Rudolf Lindner GmbH & Co. KG, Steige
3, D–88487 Walpertshofen, Germany;
phone: +49 (0) 7353 22 43; email: info@
LTB-Lindner.com; website: https://
www.ltb-lindner.com. You may view
this service information at the FAA,
Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information
on the availability of this material at the
FAA, call (816) 329–4148.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0944; 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 MCAI, any comments
received, and other information. The
street address for Docket Operations is
listed above.
FOR FURTHER INFORMATION CONTACT: Jim
Rutherford, Aviation Safety Engineer,
General Aviation & Rotorcraft Section,
International Validation Branch, FAA,
901 Locust, Room 301, Kansas City, MO
64106; phone: (816) 329–4165; fax: (816)
329–4090; email: jim.rutherford@
faa.gov.
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–2021–0944; Project Identifier
MCAI–2020–00800–G’’ 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
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]]>Agencies
[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Proposed Rules]
[Pages 59900-59903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23264]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0570; Project Identifier 2019-SW-091-AD]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.
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SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM)
that applied to certain Leonardo S.p.a. Model AW169 helicopters. This
action revises the NPRM by requiring modification of certain pilot and
co-pilot yaw pedal assemblies with an improved design and re-
identification of the affected parts, as specified in a European Union
Aviation Safety Agency (EASA) airworthiness directive (AD), which is
proposed for incorporation by reference (IBR). The FAA is proposing
this AD to address the unsafe condition on these products. Since these
actions would impose an additional burden over those in the NPRM, the
agency is requesting comments on this SNPRM.
DATES: The comment period for the NPRM published in the Federal
Register on July 28, 2021 (86 FR 40371), is reopened.
The FAA must receive comments on this SNPRM by December 13, 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, 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 the EASA material at the
[[Page 59901]]
FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood
Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on the
availability of the EASA 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-2021-0570.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0570; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains the NPRM, this SNPRM,
the EASA AD, any comments received, and other information. The street
address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Program Manager, COS
Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone (817) 222-5485; 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-2021-0570; Project Identifier
2019-SW-091-AD'' 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
Kristi Bradley, Program Manager, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5485;
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
The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to certain Leonardo S.p.a. Model AW169 helicopters. The
NPRM published in the Federal Register on July 28, 2021 (86 FR 40371).
In the NPRM, the FAA proposed to require modification of the pilot and
co-pilot yaw pedal assemblies. The NPRM was prompted by EASA AD 2019-
0252, dated October 10, 2019 (EASA AD 2019-0252), 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
S.p.A and AgustaWestland S.p.A) Model AW169 helicopters, all serial
numbers. EASA advised that there was a report of a broken adjustable
device that is part of the pilot and co-pilot yaw pedal assemblies.
This condition, if not addressed, could result in failure of a yaw
pedal adjuster, which could result in reduced yaw control of the
helicopter.
Accordingly, EASA AD 2019-0252 required modification (rework) of
the affected pilot and co-pilot assemblies and re-identification of
each affected part after it has been modified. The modification
included the installation of additional end stroke stops on the pilot
and co-pilot pedal assemblies. EASA considered EASA AD 2019-0252 an
interim action and stated that further EASA AD action may follow.
Actions Since the NPRM Was Issued
Since the NPRM was issued, EASA issued AD 2021-0199, dated August
27, 2021 (EASA AD 2021-0199), which supersedes EASA AD 2019-0252. EASA
advises that three additional events have been reported where the
universal joint of the adjusting mechanism on the yaw pedals failed.
Prompted by these findings, Leonardo S.p.a. developed a new
modification that introduces upgraded pilot and co-pilot pedal
assemblies with an improved design, which removes the failure modes.
Accordingly, EASA AD 2021-0199 requires modification (rework) of the
affected pilot and co-pilot assemblies and re-identification of each
affected part after it has been modified. The modification includes
replacing the pedal main support assembly, adjuster screw assembly,
knob assembly, and spring pin, and removing the additional end stroke
stops that were installed on the pilot and co-pilot pedal assemblies
using the modification specified in EASA AD 2019-0252. EASA AD 2021-
0199 also provides an option to replace an affected part with a non-
affected part instead of doing the modification.
In addition, the FAA revised the applicability of this proposed AD
from Leonardo S.p.a. Model AW169 helicopters with an affected part
installed (as specified in the NPRM), to all Leonardo S.p.a. Model
AW169 helicopters. This revised applicability matches EASA AD 2021-
0199.
Comments
The FAA gave the public the opportunity to participate in
developing this proposed AD. The FAA received no comments on the NPRM
or on the determination of the cost.
FAA's Determination
This helicopter has been approved by EASA and is 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. Certain changes described
above expand the scope of the NPRM. As a result, it is necessary to
reopen the comment period to provide additional opportunity for the
public to comment on this SNPRM.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0199 requires modification of the affected pilot and
co-pilot assemblies and re-identification of each affected part after
it has been modified. EASA AD 2021-0199 also
[[Page 59902]]
provides an option to replace an affected part with a non-affected part
instead of doing the modification. EASA AD 2021-0199 also prohibits the
installation of affected parts.
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.
Proposed AD Requirements in This SNPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0199, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD.
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 certain 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,
EASA AD 2021-0199 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with EASA
AD 2021-0199 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 2021-0199 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 2021-
0199. Service information specified in EASA AD 2021-0199 that is
required for compliance with it will be available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0570 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 10 helicopters of U.S. Registry. The FAA estimates the following
costs to comply with this proposed AD.
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Modify and re-identify affected parts. 25 work-hours x $85 per $0 $2,125 $21,250
hour = $2,125.
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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-2021-0570; Project Identifier 2019-
SW-091-AD.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by December 13, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Leonardo S.p.a. Model AW169 helicopters,
certificated in any category.
(d) Subject
Joint Aircraft Service Component (JASC) Code: 6700, Rotorcraft
Flight Control.
(e) Unsafe Condition
This AD was prompted by a report of a broken adjustable device
that is part of the pilot and co-pilot yaw pedal assemblies. The FAA
is issuing this AD to address failure of a yaw pedal adjuster, which
could result in reduced yaw control of the helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
[[Page 59903]]
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0199, dated August 27, 2021 (EASA AD 2021-0199).
(h) Exceptions to EASA AD 2021-0199
(1) Where EASA AD 2021-0199 refers to flight hours, this AD
requires using hours time-in-service.
(2) Where EASA AD 2021-0199 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where the service information referenced in EASA AD 2021-
0199 specifies discarding certain parts, this AD requires removing
those parts from service.
(4) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0199.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2021-0199
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Special Flight Permit
Special flight permits, as described in 14 CFR 21.197 and
21.199, are prohibited.
(k) 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 (l)(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.
(l) Related Information
(1) For EASA AD 2021-0199, 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-2021-0570.
(2) For more information about this AD, contact Kristi Bradley,
Program Manager, COS Program Management Section, Operational Safety
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5485; email
[email protected].
Issued on October 20, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-23264 Filed 10-28-21; 8:45 am]
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