This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

38209 

Vol. 86, No. 136 

Tuesday, July 20, 2021 

1See, e.g., 49 U.S.C. 114(d), (f), (l), (m). 

2See, e.g., 49 U.S.C. 115; 49 U.S.C. 114(l)(2). 

3 49 U.S.C. 114(l)(2)(B). 

4The Deputy Secretary of Homeland Security 

serves as chairman of the TSOB. DHS Delegation 

No. 7071.1, Delegation to the Deputy Secretary to 

Chair the Transportation Security Oversight Board 

(Apr. 2, 2007). Although the Department of Energy 

(DOE) does not have a TSOB member under 49 

U.S.C. 115(b), DOE was asked to review TSA 

Security Directive Pipeline–2021–01 during the 

TSOB ratification process and concurred with the 

ratification. 

DEPARTMENT OF HOMELAND 

SECURITY 

6 CFR Chapter I 

49 CFR Chapter XII 

[DHS Docket No. DHS–2021–0026] 

Ratification of Security Directive 

AGENCY: Office of Strategy, Policy, and 

Plans, Department of Homeland 

Security (DHS). 

ACTION: Notification of ratification of 

directive. 

SUMMARY: DHS is publishing official 

notice that the Transportation Security 

Oversight Board (TSOB) has ratified 

Transportation Security Administration 

(TSA) Security Directive Pipeline– 

2021–01, which is applicable to certain 

owners and operators (Owner/ 

Operators) of critical pipeline systems 

and facilities and requires actions to 

enhance pipeline cybersecurity. 

DATES: The ratification was executed on 

July 3, 2021, and took effect on that 

date. 

FOR FURTHER INFORMATION CONTACT: John 

D. Cohen, DHS Coordinator for 

Counterterrorism and Assistant 

Secretary for Counterterrorism and 

Threat Prevention, DHS Office of 

Strategy, Policy, and Plans, (202) 282– 

9708, john.cohen@hq.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Ransomware Attack on the Colonial 

Pipeline Company 

On May 8, 2021, the Colonial Pipeline 

Company announced that it had halted 

its pipeline operations due to a 

ransomware attack. This attack 

temporarily disrupted critical supplies 

of gasoline and other refined petroleum 

products throughout the East Coast of 

the United States. Cybersecurity 

incidents affecting surface 

transportation systems, including 

pipelines, are a growing threat. The 

cyber-attack on Colonial Pipeline and 

resulting disruption of gasoline supplies 

to the East Coast demonstrate how 

criminal cyber actors are able to disrupt 

pipeline systems and networks in ways 

that threaten our national and economic 

security. 

B. TSA Security Directive Pipeline– 

2021–01 

On May 27, 2021, the Senior Official 

Performing the Duties of the TSA 

Administrator issued Security Directive 

Pipeline-2021–01 (security directive) 

requiring Owner/Operators of critical 

pipeline systems and facilities to take 

crucial measures to enhance pipeline 

cybersecurity. TSA issued this security 

directive in accordance with 49 U.S.C. 

114(l)(2)(A), which authorizes TSA to 

issue emergency regulations or security 

directives without providing notice or 

public comment where ‘‘the 

Administrator determines that a 

regulation or security directive must be 

issued immediately in order to protect 

transportation security. . . .’’ TSA took 

this emergency action in response to the 

attack on Colonial Pipeline, which 

demonstrated the significant threat such 

attacks pose to the country’s 

infrastructure and its national and 

economic security as a result. The 

directive became effective on May 28, 

2021 and is set to expire on May 28, 

2022. 

This security directive seeks to 

immediately enhance the cybersecurity 

of critical pipeline systems and facilities 

by requiring covered Owner/Operators 

to take three crucial actions to enhance 

pipeline cybersecurity. First, it requires 

TSA-specified Owner/Operators of 

critical pipelines to promptly report 

cybersecurity incidents to the 

Cybersecurity and Infrastructure 

Security Agency (CISA). Second, it 

requires those Owner/Operators to 

designate a Cybersecurity Coordinator 

who must be available to TSA and CISA 

at all times to coordinate cybersecurity 

practices and address any incidents that 

arise. Third, it requires Owner/ 

Operators to review their current 

cybersecurity practices against TSA’s 

Pipeline Security Guidelines related to 

cybersecurity and to assess cyber risks, 

identify any gaps, and develop 

necessary remediation measures, along 

with a timeline for achieving them. 

II. TSOB Ratification 

TSA has broad statutory 

responsibility and authority to safeguard 

the nation’s transportation system, 

including pipelines.1 The TSOB—a 

body consisting of the heads of various 

interested Cabinet agencies, or their 

designees, and a representative of the 

National Security Council—reviews 

certain regulations and security 

directives consistent with law.2 Security 

directives issued pursuant to the 

procedures in 49 U.S.C. 114(l)(2) ‘‘shall 

remain effective for a period not to 

exceed 90 days unless ratified or 

disapproved by the Board or rescinded 

by the Administrator.’’ 3 The chairman 

of the TSOB convened the Board for 

review of TSA Security Directive 

Pipeline–2021–01.4 Following its 

review, on July 3, 2021, the TSOB 

ratified the security directive. 

John K. Tien, 

Deputy Secretary of Homeland Security & 

Chairman of the Transportation Security 

Oversight Board. 

[FR Doc. 2021–15306 Filed 7–19–21; 8:45 am] 

BILLING CODE 9110–9M–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0302; Project 

Identifier MCAI–2020–01596–R; Amendment 

39–21618; AD 2021–13–13] 

RIN 2120–AA64 

Airworthiness Directives; Leonardo 

S.p.a. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 


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38210 Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Rules and Regulations 

Leonardo S.p.a. Model AW189 

helicopters. This AD was prompted by 

the identification of misleading 

information in the emergency procedure 

for the ‘‘1(2) FUEL LOW’’ caution 

message. This AD requires revising the 

existing Rotorcraft Flight Manual (RFM) 

for your helicopter. The FAA is issuing 

this AD to address the unsafe condition 

on these products. 

DATES: This AD is effective August 24, 

2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain document listed in this AD 

as of August 24, 2021. 

ADDRESSES: For service information 

identified in this final rule, contact 

Leonardo S.p.A. Helicopters, Emanuele 

Bufano, Head of Airworthiness, Viale 

G.Agusta 520, 21017 C.Costa di

Samarate (Va) Italy; telephone +39–

0331–225074; fax +39–0331–229046; or

at https://customerportal.leonardo

company.com/en-US/. You may view

the referenced service information at the

FAA, Office of the Regional Counsel,

Southwest Region, 10101 Hillwood

Pkwy., Room 6N–321, Fort Worth, TX

76177. It is also available at https://

www.regulations.gov by searching for

and locating Docket No. FAA–2021–

0302.

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0302; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

final rule, the European Union Aviation 

Safety Agency (EASA) AD, any 

comments received, and other 

information. The street address for 

Docket Operations is U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Mitch Soth, Flight Test Engineer, 

Southwest Section, Flight Test Branch, 

Compliance & Airworthiness Division, 

FAA, 10101 Hillwood Pkwy., Fort 

Worth, TX 76177; telephone (817) 222– 

5110; email mitch.soth@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to Leonardo S.p.a. Model AW189 

helicopters. The NPRM published in the 

Federal Register on April 19, 2021 (86 

FR 20336). In the NPRM, the FAA 

proposed to require revising page 3–118 

of Section 3, Emergency and 

Malfunction Procedures, of the existing 

RFM for your helicopter to add 

remaining flight times (minutes) based 

on TQ value (%) and conditions that 

further reduce the remaining flight 

times. The NPRM was prompted by 

EASA AD 2019–0136, dated June 11, 

2019 (EASA AD 2019–0136), issued by 

EASA, which is the Technical Agent for 

the Member States of the European 

Union, to correct an unsafe condition 

for Leonardo S.p.A. (formerly 

Finmeccanica Helicopter Division, 

AgustaWestland) Model AW189 

helicopters. EASA advises of the 

identification of misleading information 

in the AW189 RFM Emergency 

procedure associated with the ‘‘1(2) 

FUEL LOW’’ caution message. In 

particular, the procedure at issue 

instructs the pilot to land as soon as 

practicable within 20 minutes. 

However, this remaining flight time is 

guaranteed only if a constant torque 

value of 50% is maintained. The correct 

time limit depends on the fuel 

consumption at different engine power 

settings. Accordingly, EASA AD 2019– 

0136 requires amending section 3 of the 

AW189 RFM, ‘‘Emergency and 

malfunction procedures,’’ informing all 

flight crews, and thereafter, operating 

the helicopter accordingly. This 

condition, if not addressed, could result 

in the wrong estimation of the 

remaining flight time in a low fuel 

condition, possibly resulting in an 

uncommanded engine in-flight shutdown and forced landing, with 

consequent damage to the helicopter or 

injury to occupants. 

EASA initially issued EASA AD 

2019–0103, dated May 9, 2019 (EASA 

AD 2019–0103), to address this unsafe 

condition. EASA issued EASA AD 

2019–0136 to supersede EASA AD 

2019–0103 to require using the 

corrected amendment of the AW189 

RFM. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received no comments on 

the NPRM or on the determination of 

the costs. 

Conclusion 

These helicopters have been approved 

by EASA and are approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with the 

European Union, EASA has notified the 

FAA about the unsafe condition 

described in its AD. The FAA reviewed 

the relevant data and determined that 

air safety requires adopting this AD as 

proposed. Accordingly, the FAA is 

issuing this AD to address the unsafe 

condition on these helicopters. Since 

the FAA issued the NPRM, the website 

address for Leonardo S.p.a. has 

changed. This AD updates that contact 

information to obtain service 

documentation. Additionally, the FAA 

made edits to clarify that AW189—RFM, 

Document No. 189G0290X002, Record 

of Temporary Revisions, TR No. 3–1, 

Revision A, dated May 24, 2019 

(TR 3–1 Rev A) is included in Annex A 

of Leonardo Helicopters Document No. 

189G0257A061, ‘‘AW189—MAF for 

EASA RFM Issue 2 TR 3–1, Low Fuel 

Caution Procedure,’’ Issue B, dated May 

22, 2019. This AD is otherwise adopted 

as proposed in the NPRM. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed TR 3–1 Rev A, 

which specifies remaining flight times 

(minutes) based on TQ value (%) if the 

XFEED is closed or if the XFEED is open 

with both fuel pumps ON. TR 3–1 Rev 

A also specifies that the remaining flight 

times (minutes) are further reduced if 

the XFEED is open, both fuel pumps are 

ON and one tank has emptied, and the 

2 engines are supplied from the 

remaining tank. 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section. 

Differences Between This AD and the 

EASA AD 

EASA AD 2019–0136 requires 

revising the existing RFM for your 

helicopter within 14 days, whereas this 

AD requires that action within 14 hours 

time-in-service after the effective date of 

this AD instead. EASA AD 2019–0136 

requires removing the RFM changes 

previously required by EASA AD 2019– 

0103, whereas this AD does not. 

Costs of Compliance 

The FAA estimates that this AD 

affects 4 helicopters of U.S. Registry. 

Labor rates are estimated at $85 per 

work-hour. Based on these numbers, the 

FAA estimates the following costs to 

comply with this AD. 

Revising the existing RFM for your 

helicopter takes about 0.25 work-hour 

for an estimated cost of $21 per 

helicopter and $84 for the U.S. fleet. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 


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Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Rules and Regulations 38211 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on helicopters identified in this 

rulemaking action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Will not affect intrastate aviation 

in Alaska, and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 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: 

2021–13–13 Leonardo S.p.a.: Amendment 

39–21618; Docket No. FAA–2021–0302; 

Project Identifier MCAI–2020–01596–R. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective August 24, 2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Leonardo S.p.a. Model 

AW189 helicopters, certificated in any 

category. 

(d) Subject 

Joint Aircraft Service Component (JASC) 

Code: 7300, Engine fuel and control. 

(e) Unsafe Condition 

This AD was prompted by the 

identification of misleading information in 

the emergency procedure for the ‘‘1(2) FUEL 

LOW’’ caution message. The FAA is issuing 

this AD to prevent the wrong estimation of 

the remaining flight time in a low fuel 

condition. The unsafe condition, if not 

addressed, could result in an uncommanded 

engine in-flight shut-down and forced 

landing, with subsequent damage to the 

helicopter or injury to the occupants. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Within 14 hours time-in-service after the 

effective date of this AD, revise page 3–118 

of Section 3, Emergency and Malfunction 

Procedures, of the existing Rotorcraft Flight 

Manual for your helicopter by adding page 3– 

118, Temporary Revision 3–1 Rev. A, of 

AW189—RFM, Document No. 

189G0290X002, Record of Temporary 

Revisions, dated May 24, 2019, as contained 

in Annex A of Leonardo Helicopters 

Document No. 189G0257A061, ‘‘AW189— 

MAF for EASA RFM Issue 2 TR 3–1, Low 

Fuel Caution Procedure,’’ Issue B, dated May 

22, 2019 (TR 3–1 Rev A). Using a different 

document with information identical to the 

information in page 3–118 of TR 3–1 Rev A 

is acceptable for compliance with the 

requirement of this paragraph. This action 

may be performed by the owner/operator 

(pilot) holding at least a private pilot 

certificate and must be entered into the 

aircraft records showing compliance with 

this AD in accordance with § 43.9(a)(1) 

through (4) and § 91.417(a)(2)(v). The record 

must be maintained as required by § 91.417, 

§ 121.380, or § 135.439. 

(h) Special Flight Permits 

Special flight permits are prohibited. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, send it to the attention of the person 

identified in paragraph (j)(1) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(j) Related Information 

(1) For more information about this AD, 

contact Mitch Soth, Flight Test Engineer, 

Southwest Section, Flight Test Branch, 

Compliance & Airworthiness Division, FAA, 

10101 Hillwood Pkwy., Fort Worth, TX 

76177; telephone (817) 222–5110; email 

mitch.soth@faa.gov. 

(2) The subject of this AD is addressed in 

European Union Aviation Safety Agency 

(EASA) AD 2019–0136, dated June 11, 2019. 

You may view the EASA AD at https://

www.regulations.gov in Docket No. FAA– 

2021–0302. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) AW189—RFM, Document No. 

189G0290X002, Record of Temporary 

Revisions, dated May 24, 2019, as contained 

in Annex A of Leonardo Helicopters 

Document No. 189G0257A061, ‘‘AW189— 

MAF for EASA RFM Issue 2 TR 3–1, Low 

Fuel Caution Procedure,’’ Issue B, dated May 

22, 2019. 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact Leonardo S.p.A. Helicopters, 

Emanuele Bufano, Head of Airworthiness, 

Viale G.Agusta 520, 21017 C.Costa di 

Samarate (Va) Italy; telephone +39–0331– 

225074; fax +39–0331–229046; or at https:// 

customerportal.leonardocompany.com/enUS/. 

(4) You may view this service information 

at the FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood Pkwy., 

Room 6N–321, Fort Worth, TX 76177. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email: fedreg.legal@nara.gov, or go to: 

https://www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

Issued on July 9, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–15300 Filed 7–19–21; 8:45 am] 

BILLING CODE 4910–13–P 


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