Airworthiness Directives; Leonardo S.p.a. Helicopters, 71825-71828 [2021-27388]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 241 / Monday, December 20, 2021 / Rules and Regulations
(h) Alternative Methods of Compliance
(AMOCs)
DEPARTMENT OF TRANSPORTATION
(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 certification office,
send it to the attention of the person
identified in paragraph (i)(1) of this AD and
email to: 9-AVS-AIR-730-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.
Federal Aviation Administration
(i) Related Information
SUMMARY:
khammond on DSKJM1Z7X2PROD with RULES
(1) For more information about this AD,
contact Greg Johnson, Aviation Safety
Engineer, FAA, General Aviation & Rotorcraft
Section, International Validation Branch, 901
Locust, Room 301, Kansas City, MO 64106;
phone: (720) 626–5462; fax: (816) 329–4090;
email: greg.johnson@faa.gov.
(2) Refer to European Aviation Safety
Agency (EASA) AD 2018–0133, dated June
22, 2018, and corrected June 25, 2018, for
more information. You may examine the
EASA AD in the AD docket at https://
www.regulations.gov by searching for and
locating it in Docket No. FAA–2020–1069.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Daher Aerospace Service Bulletin SB
70–254, dated April 2018.
(ii) [Reserved]
(3) For Daher Aerospace service
information identified in this AD, contact
Daher Aerospace Inc., Pompano Beach
Airpark, 601 NE 10 Street, Pompano Beach,
FL 33060; phone: (954) 893–1400; website:
https://www.tbm.aero.
(4) You may view this referenced 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 (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: fr.inspection@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
Issued on December 3, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–27408 Filed 12–17–21; 8:45 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
16:01 Dec 17, 2021
Jkt 256001
14 CFR Part 39
[Docket No. FAA–2021–1060; Project
Identifier MCAI–2021–00340–R; Amendment
39–21851; AD 2021–25–08]
RIN 2120–AA64
Airworthiness Directives; Leonardo
S.p.a. Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Leonardo S.p.a. Model AW189
helicopters. This AD was prompted by
the determination that certain partnumbered fairings were never
introduced into the main rotor (MR) tip
lights kit design definition and were not
certified for icing conditions. This AD
requires replacing affected parts. This
AD also prohibits, after modification of
the helicopter as required, installing any
affected part on any helicopter as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
incorporated by reference. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD becomes effective
January 4, 2022.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 4, 2022.
The FAA must receive comments on
this AD by February 3, 2022.
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 incorporated by
reference (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
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
71825
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 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 FAA–2021–1060.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–1060; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
AD, 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:
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2021–0078,
dated March 17, 2021 (EASA AD 2021–
0078) to correct an unsafe condition for
certain Leonardo S.p.A. (formerly
Finmeccanica S.p.A, AgustaWestland
S.p.A., Agusta S.p.A.; and
AgustaWestland Philadelphia
Corporation, formerly Agusta Aerospace
Corporation) Model AW189 helicopters.
EASA AD 2021–0078 was prompted
by a design review which identified that
fairing part number (P/N)
8G3340A12532 left-hand (LH) and P/N
8G3340A12632 right-hand (RH) used
during icing trials activity conducted for
the certification of Full Ice Protection
System and Limited Ice Protection
System kits had never been introduced
in the MR tip light kit P/N
8G3340F00411 design definition. The
MR tip light kit P/N 8G3340F00411 is
currently composed of two other fairing
part numbers, P/N 8G3340A12531 LH
and P/N 8G3340A12631 RH installed in
the vicinity of each engine air intake.
EASA AD 2021–0078 advises the fairing
part numbers that are currently installed
could cause significant ice accretion
during operations in icing conditions.
The FAA is issuing this AD to address
ice shedding ingestion by the engines,
E:\FR\FM\20DER1.SGM
20DER1
71826
Federal Register / Vol. 86, No. 241 / Monday, December 20, 2021 / Rules and Regulations
which could lead to a double engine inflight shut-down and consequent loss of
control of the helicopter. See EASA AD
2021–0078 for additional background
information.
Related Service Information Under 1
CFR Part 51
EASA AD 2021–0078 specifies
procedures for installation of rescue
hoist kit removable parts (temporary
actions) and replacement of affected
parts with serviceable parts in
accordance with the manufacturer’s
service information. EASA AD 2021–
0078 prohibits installing any affected
part after modification as required by
the EASA AD. EASA AD 2021–0078
considers the modification a terminating
action for the temporary actions
required by the EASA AD.
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.
Other Related Service Information
The FAA reviewed Leonardo
Helicopters Alert Service Bulletin
No.189–265, dated March 4, 2021. This
service information provides
instructions to install the rescue hoist
kit ‘‘removable’’ parts as a temporary
action until modification of the
helicopter. This service information also
provides instructions to install the MR
tip light fairing modification P/N
8G3340P02411.
FAA’s Determination
These products have been approved
by the aviation authority of another
country, and are approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in EASA AD 2021–0078
referenced above. The FAA is issuing
this AD after evaluating all pertinent
information and determining that the
unsafe condition exists and is likely to
exist or develop on other products of the
same type design.
khammond on DSKJM1Z7X2PROD with RULES
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2021–
0078, described previously, as
incorporated by reference, except for
any differences identified as exceptions
in the regulatory text of this AD and
except as discussed under ‘‘Differences
Between this AD and EASA AD 2021–
0078.’’
VerDate Sep<11>2014
16:01 Dec 17, 2021
Jkt 256001
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA initially worked with
Airbus and EASA to develop a process
to use certain EASA ADs as the primary
source of information for compliance
with requirements for corresponding
FAA ADs. The FAA has since
coordinated with other manufacturers
and civil aviation authorities to use this
process. As a result, EASA AD 2021–
0078 is incorporated by reference in this
AD. This AD, therefore, requires
compliance with EASA AD 2021–0078
in its entirety, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this AD. Using
common terms that are the same as the
heading of a particular section in the
EASA AD does not mean that operators
need comply only with that section. For
example, where the AD requirement
refers to ‘‘all required actions and
compliance times,’’ compliance with
this AD requirement is not limited to
the section titled ‘‘Required Action(s)
and Compliance Time(s)’’ in the EASA
AD. Service information specified in
EASA AD 2021–0078 that is required for
compliance with EASA AD 2021–0078
is available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
1060.
Differences Between This AD and EASA
AD 2021–0078
Service information referenced in
EASA AD 2021–0078 specifies sending
compliance forms to the manufacturer;
this AD does not. Paragraph (2) of EASA
AD 2021–0078 specifies a compliance
time of 400 flight hours or 12 months,
whichever occurs first. However, this
AD requires a compliance time of 400
hours time-in-service after the effective
date of this AD. This AD does not
require compliance with paragraph (1)
or paragraph (4) of EASA AD 2021–
0078. EASA AD 2021–0078 paragraph
(4) considers modification of the
helicopter a terminating action for
installing the rescue hoist kit
‘‘removable’’ parts on the helicopter. As
this AD does not require installing the
rescue hoist kit ‘‘removable’’ parts, this
AD does not provide a terminating
action for installing the rescue hoist
‘‘removable’’ parts.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
to dispense with notice and comment
procedures for rules when the agency,
for ‘‘good cause’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without providing notice and
seeking comment prior to issuance.
Further, section 553(d) of the APA
authorizes agencies to make rules
effective in less than thirty days, upon
a finding of good cause.
There are currently no domestic
operators of these products affected by
the unsafe condition addressed by this
AD. Accordingly, notice and
opportunity for prior public comment
are unnecessary, pursuant to 5 U.S.C.
553(b)(3)(B). In addition, for the
foregoing reasons, the FAA finds that
good cause exists pursuant to 5 U.S.C.
553(d) for making this amendment
effective in less than 30 days.
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this AD. Send your
comments to an address listed under
ADDRESSES. Include ‘‘Docket No. FAA–
FAA–2021–1060; Project Identifier
MCAI–2021–00340–R’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the AD, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this AD because of
those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
agency will also post a report
summarizing each substantive verbal
contact received about this AD.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this AD contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this AD,
it is important that you clearly designate
the submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
E:\FR\FM\20DER1.SGM
20DER1
Federal Register / Vol. 86, No. 241 / Monday, December 20, 2021 / Rules and Regulations
will treat such marked submissions as
confidential under the FOIA, and they
will not be placed in the public docket
of this AD. Submissions containing CBI
should be sent to 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.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not
apply when an agency finds good cause
pursuant to 5 U.S.C. 553 to adopt a rule
without prior notice and comment.
Because the FAA has determined that it
has good cause to adopt this rule
without notice and comment, RFA
analysis is not required.
Costs of Compliance
There are no costs of compliance with
this AD because there are currently no
helicopters with this type certificate on
the U.S. Registry that are affected by the
unsafe condition addressed by this AD.
khammond on DSKJM1Z7X2PROD with RULES
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
The FAA determined that this AD
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.
VerDate Sep<11>2014
16:01 Dec 17, 2021
Jkt 256001
For the reasons discussed above, I
certify this regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
and
(2) Will not affect intrastate aviation
in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
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:
■
2021–25–08 Leonardo S.p.a.: Amendment
39–21851; Docket No. FAA–2021–1060;
Project Identifier MCAI–2021–00340–R.
(a) Effective Date
This airworthiness directive (AD) becomes
effective January 4, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model
AW189 helicopters, certificated in any
category, as identified in European Union
Aviation Safety Agency AD 2021–0078, dated
March 17, 2021 (EASA AD 2021–0078).
(d) Subject
Joint Aircraft System Component (JASC)
Code 3300, Lighting System.
(e) Unsafe Condition
This AD was prompted by the
determination that certain part-numbered
fairings were never introduced into the main
rotor tip lights kit design definition and were
not certified for icing conditions. The FAA is
issuing this AD to address ice shedding
ingestion by the engines, which could lead to
a double engine in-flight shut-down and
consequent loss of control of the helicopter.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2021–0078.
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
71827
(h) Exceptions to EASA AD 2021–0078
(1) Where EASA AD 2021–0078 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) This AD does not mandate compliance
with the ‘‘Remarks’’ section of EASA AD
2021–0078.
(3) Where EASA AD 2021–0078 refers to
flight hours (FH), this AD requires using
hours time-in-service (TIS).
(4) This AD does not mandate compliance
with paragraph (1) of EASA AD 2021–0078.
(5) Where paragraph (4) of EASA AD 2021–
0078 specifies that modification of a
helicopter is a terminating action for the
requirements of paragraph (1) of EASA AD
2021–0078, this AD does not provide a
terminating action for the requirements of
paragraph (1) of EASA AD 2021–0078
because this AD does not mandate
compliance with paragraph (1) of EASA AD
2021–0078.
(6) Where paragraph (2) of EASA AD 2021–
0078 specifies a compliance time of within
400 flight hours or 12 months, whichever
occurs first, this AD requires compliance
within 400 hours TIS after the effective date
of this AD.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2021–0078 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) Special Flight Permits
Special flight permits may be issued in
accordance with 14 CFR 21.197 and 21.199
to operate the helicopter to a location where
the helicopter can be modified (if the
operator elects to do so), provided it is not
flown into known icing conditions.
(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)(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.
(l) Related Information
(1) 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.
(2) Service information identified in this
AD that is not incorporated by reference is
E:\FR\FM\20DER1.SGM
20DER1
71828
Federal Register / Vol. 86, No. 241 / Monday, December 20, 2021 / Rules and Regulations
available at the addresses specified in
paragraphs (m)(3) of this AD.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
AD 2021–0078, dated March 17, 2021.
(ii) [Reserved]
(3) For EASA AD 2021–0078, contact the
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
EASA AD on the EASA website at https://
ad.easa.europa.eu.
(4) You may view this service information
at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call 817–222–5110. This
material may be found in the AD docket on
the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–1060.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email
fr.inspection@nara.gov, or go to https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on December 2, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
Executive Orders 12866 and 13563
This regulation has been drafted and
reviewed in accordance with Executive
Order 12866, ‘‘Regulation Planning and
Review,’’ section 1(b), Principles of
Regulation, and in accordance with
Executive Order 13565, ‘‘Improving
Regulation and Regulatory Review,’’
section 1(b), General Principles of
Regulation. The Commission has
determined that this rule is not a
‘‘significant regulatory action’’ under
Executive Order 12866, section 3(f),
Regulatory Planning and Review, and
accordingly this rule has not been
reviewed by the Office of Management
and Budget.
[FR Doc. 2021–27388 Filed 12–17–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF JUSTICE
Parole Commission
28 CFR Part 2
[Docket No. USPC–2021–01]
Paroling, Recommitting, and
Supervising Federal Prisoners:
Prisoners Serving Sentences Under
the United States and District of
Columbia Codes
Executive Order 13132
United States Parole
Commission, Justice.
ACTION: Final rule.
khammond on DSKJM1Z7X2PROD with RULES
AGENCY:
The United States Parole
Commission is revising its regulations to
SUMMARY:
VerDate Sep<11>2014
16:01 Dec 17, 2021
Jkt 256001
eliminate a policy of imposing the
maximum permissible term of
supervised release as a consequence of
the revocation of an earlier supervised
release term for offenders sentenced
under the D.C. Code.
DATES: This final rule is effective
December 20, 2021.
FOR FURTHER INFORMATION CONTACT:
Helen H. Krapels, General Counsel, U.S.
Parole Commission, 90 K Street NE,
Third Floor, Washington, DC 20530,
telephone (202) 346–7030. Questions
about this publication are welcome, but
inquiries concerning individual cases
cannot be answered over the telephone.
SUPPLEMENTARY INFORMATION: Based
upon its experience with D.C. Code
sentenced supervised releasees for over
20 years, the Commission is repealing
its policy, codified at 28 CFR 2.218(e),
of imposing the maximum permissible
term of supervised release after revoking
an earlier term of supervised release. On
August 17, 2021, the Parole Commission
published an interim rule with request
for comments. 86 FR 45861. The Parole
Commission has not received any
comments and is publishing the final
rule with no changes to the interim rule.
Under the revised regulation the
Commission will retain the discretion to
impose the maximum permissible term
when it finds that the offender would
benefit from a lengthier period of
supervision, but there will no longer be
a policy guiding that decision.
This rule will not have substantial
direct effects 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. Under Executive
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
Order 13132, this rule does not have
sufficient federalism implications
requiring a Federalism Assessment.
Regulatory Flexibility Act
This rule will not have a significant
economic impact upon a substantial
number of small entities within the
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 605(b).
Unfunded Mandates Reform Act of
1995
This rule will not cause State, local,
or tribal governments, or the private
sector, to spend $100,000,000 or more in
any one year, and they will not
significantly or uniquely affect small
governments. No action under the
Unfunded Mandates Reform Act of 1995
is necessary.
Small Business Regulatory Enforcement
Fairness Act of 1996 (Subtitle E—
Congressional Review Act)
This rule is not a ‘‘major rule’’ as
defined by Section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996 Subtitle E–
Congressional Review Act, now codified
at 5 U.S.C. 804(2). This rule will not
result in an annual effect on the
economy of $100,000,000 or more; a
major increase in costs or prices; or
significant adverse effects on the ability
of United States-based companies to
compete with foreign-based companies.
Moreover, this is a rule of agency
practice or procedure that does not
substantially affect the rights or
obligations of non-agency parties, and
does not come within the meaning of
the term ‘‘rule’’ as used in Section
804(3)(C), now codified at 5 U.S.C.
804(3)(C). Therefore, the reporting
requirement of 5 U.S.C. 801 does not
apply.
List of Subjects in 28 CFR Part 2
Administrative practice and
procedure, Prisoners, Probation and
parole.
The Final Rule
Accordingly, the U.S. Parole
Commission adopts the interim rule
amending 28 CFR part 2, which was
published at 86 FR 45861 on August 17,
2021, as final without change.
■
Patricia K. Cushwa,
Chairman (Acting), U.S. Parole Commission.
[FR Doc. 2021–27448 Filed 12–17–21; 8:45 am]
BILLING CODE 4410–31–P
E:\FR\FM\20DER1.SGM
20DER1
]]>Agencies
[Federal Register Volume 86, Number 241 (Monday, December 20, 2021)]
[Rules and Regulations]
[Pages 71825-71828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27388]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-1060; Project Identifier MCAI-2021-00340-R;
Amendment 39-21851; AD 2021-25-08]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Leonardo S.p.a. Model AW189 helicopters. This AD was prompted
by the determination that certain part-numbered fairings were never
introduced into the main rotor (MR) tip lights kit design definition
and were not certified for icing conditions. This AD requires replacing
affected parts. This AD also prohibits, after modification of the
helicopter as required, installing any affected part on any helicopter
as specified in a European Union Aviation Safety Agency (EASA) AD,
which is incorporated by reference. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD becomes effective January 4, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 4,
2022.
The FAA must receive comments on this AD by February 3, 2022.
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 incorporated by reference (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 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 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 FAA-2021-1060.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1060; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this AD, 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:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0078, dated March 17, 2021
(EASA AD 2021-0078) to correct an unsafe condition for certain Leonardo
S.p.A. (formerly Finmeccanica S.p.A, AgustaWestland S.p.A., Agusta
S.p.A.; and AgustaWestland Philadelphia Corporation, formerly Agusta
Aerospace Corporation) Model AW189 helicopters.
EASA AD 2021-0078 was prompted by a design review which identified
that fairing part number (P/N) 8G3340A12532 left-hand (LH) and P/N
8G3340A12632 right-hand (RH) used during icing trials activity
conducted for the certification of Full Ice Protection System and
Limited Ice Protection System kits had never been introduced in the MR
tip light kit P/N 8G3340F00411 design definition. The MR tip light kit
P/N 8G3340F00411 is currently composed of two other fairing part
numbers, P/N 8G3340A12531 LH and P/N 8G3340A12631 RH installed in the
vicinity of each engine air intake. EASA AD 2021-0078 advises the
fairing part numbers that are currently installed could cause
significant ice accretion during operations in icing conditions.
The FAA is issuing this AD to address ice shedding ingestion by the
engines,
[[Page 71826]]
which could lead to a double engine in-flight shut-down and consequent
loss of control of the helicopter. See EASA AD 2021-0078 for additional
background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0078 specifies procedures for installation of rescue
hoist kit removable parts (temporary actions) and replacement of
affected parts with serviceable parts in accordance with the
manufacturer's service information. EASA AD 2021-0078 prohibits
installing any affected part after modification as required by the EASA
AD. EASA AD 2021-0078 considers the modification a terminating action
for the temporary actions required by the EASA AD.
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.
Other Related Service Information
The FAA reviewed Leonardo Helicopters Alert Service Bulletin
No.189-265, dated March 4, 2021. This service information provides
instructions to install the rescue hoist kit ``removable'' parts as a
temporary action until modification of the helicopter. This service
information also provides instructions to install the MR tip light
fairing modification P/N 8G3340P02411.
FAA's Determination
These products have been approved by the aviation authority of
another country, and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the State of Design
Authority, the FAA has been notified of the unsafe condition described
in EASA AD 2021-0078 referenced above. The FAA is issuing this AD after
evaluating all pertinent information and determining that the unsafe
condition exists and is likely to exist or develop on other products of
the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2021-0078, described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD and except as discussed under ``Differences Between this AD and
EASA AD 2021-0078.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities to use this process. As a result, EASA AD 2021-0078 is
incorporated by reference in this AD. This AD, therefore, requires
compliance with EASA AD 2021-0078 in its entirety, through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in the EASA AD does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in the EASA AD.
Service information specified in EASA AD 2021-0078 that is required for
compliance with EASA AD 2021-0078 is available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-1060.
Differences Between This AD and EASA AD 2021-0078
Service information referenced in EASA AD 2021-0078 specifies
sending compliance forms to the manufacturer; this AD does not.
Paragraph (2) of EASA AD 2021-0078 specifies a compliance time of 400
flight hours or 12 months, whichever occurs first. However, this AD
requires a compliance time of 400 hours time-in-service after the
effective date of this AD. This AD does not require compliance with
paragraph (1) or paragraph (4) of EASA AD 2021-0078. EASA AD 2021-0078
paragraph (4) considers modification of the helicopter a terminating
action for installing the rescue hoist kit ``removable'' parts on the
helicopter. As this AD does not require installing the rescue hoist kit
``removable'' parts, this AD does not provide a terminating action for
installing the rescue hoist ``removable'' parts.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
There are currently no domestic operators of these products
affected by the unsafe condition addressed by this AD. Accordingly,
notice and opportunity for prior public comment are unnecessary,
pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the foregoing
reasons, the FAA finds that good cause exists pursuant to 5 U.S.C.
553(d) for making this amendment effective in less than 30 days.
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA- FAA-2021-1060; Project Identifier
MCAI-2021-00340-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the AD, explain the reason for
any recommended change, and include supporting data. The FAA will
consider all comments received by the closing date and may amend this
AD because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this AD.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA
[[Page 71827]]
will treat such marked submissions as confidential under the FOIA, and
they will not be placed in the public docket of this AD. Submissions
containing CBI should be sent to 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.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
There are no costs of compliance with this AD because there are
currently no helicopters with this type certificate on the U.S.
Registry that are affected by the unsafe condition addressed by this
AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this AD 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 this regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2021-25-08 Leonardo S.p.a.: Amendment 39-21851; Docket No. FAA-2021-
1060; Project Identifier MCAI-2021-00340-R.
(a) Effective Date
This airworthiness directive (AD) becomes effective January 4,
2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model AW189 helicopters,
certificated in any category, as identified in European Union
Aviation Safety Agency AD 2021-0078, dated March 17, 2021 (EASA AD
2021-0078).
(d) Subject
Joint Aircraft System Component (JASC) Code 3300, Lighting
System.
(e) Unsafe Condition
This AD was prompted by the determination that certain part-
numbered fairings were never introduced into the main rotor tip
lights kit design definition and were not certified for icing
conditions. The FAA is issuing this AD to address ice shedding
ingestion by the engines, which could lead to a double engine in-
flight shut-down and consequent loss of control of the helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0078.
(h) Exceptions to EASA AD 2021-0078
(1) Where EASA AD 2021-0078 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0078.
(3) Where EASA AD 2021-0078 refers to flight hours (FH), this AD
requires using hours time-in-service (TIS).
(4) This AD does not mandate compliance with paragraph (1) of
EASA AD 2021-0078.
(5) Where paragraph (4) of EASA AD 2021-0078 specifies that
modification of a helicopter is a terminating action for the
requirements of paragraph (1) of EASA AD 2021-0078, this AD does not
provide a terminating action for the requirements of paragraph (1)
of EASA AD 2021-0078 because this AD does not mandate compliance
with paragraph (1) of EASA AD 2021-0078.
(6) Where paragraph (2) of EASA AD 2021-0078 specifies a
compliance time of within 400 flight hours or 12 months, whichever
occurs first, this AD requires compliance within 400 hours TIS after
the effective date of this AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2021-0078
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Special Flight Permits
Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the helicopter to a location where the
helicopter can be modified (if the operator elects to do so),
provided it is not flown into known icing conditions.
(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)(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.
(l) Related Information
(1) 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].
(2) Service information identified in this AD that is not
incorporated by reference is
[[Page 71828]]
available at the addresses specified in paragraphs (m)(3) of this
AD.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency AD 2021-0078, dated
March 17, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0078, contact the 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
EASA AD on the EASA website at https://ad.easa.europa.eu.
(4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call 817-222-5110. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-1060.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on December 2, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-27388 Filed 12-17-21; 8:45 am]
BILLING CODE 4910-13-P
