This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

40962 

Vol. 86, No. 144 

Friday, July 30, 2021 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0608; Project 

Identifier 2019–SW–119–AD] 

RIN 2120–AA64 

Airworthiness Directives; Leonardo 

S.p.a. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

Leonardo S.p.a. Model AB139, AW139, 

AB412, and AB412 EP helicopters. This 

proposed AD was prompted by failure 

of an Emergency Flotation System (EFS) 

float compartment to inflate during 

maintenance of the EFS. This proposed 

AD would require inspecting certain 

EFSs and depending on the results, 

marking certain parts or removing 

certain parts from service, as specified 

in a European Union Aviation Safety 

Agency (EASA) AD, which is proposed 

for incorporation by reference (IBR). The 

FAA is proposing this AD to address the 

unsafe condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by September 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 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 the EASA material on the EASA 

website at https://ad.easa.europa.eu. 

For Leonardo Helicopters and Safran 

service information identified in this 

NPRM, contact Leonardo S.p.A. 

Helicopters, Emanuele Bufano, Head of 

Airworthiness, Viale G.Agusta 520, 

21017 C.Costa di Samarate (Va) Italy; 

telephone +39–0331–225074; fax +39– 

0331–229046; or at https://

customerportal.leonardocompany.com/ 

en-US/. You may view this material at 

the FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood 

Pkwy., Room 6N–321, Fort Worth, TX 

76177. For information on the 

availability of this material at the FAA, 

call (817) 222–5110. The EASA material 

is also available in the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0608. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0608; 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, any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

Comments will be available in the AD 

docket shortly after receipt. 

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: 

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–2021–0608; Project Identifier 

2019–SW–119–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 proposal. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Andrea Jimenez, 

Aerospace Engineer, COS Program 

Management Section, Operational 

Safety Branch, Compliance & 

Airworthiness Division, FAA, 1600 

Stewart Ave., Suite 410, Westbury, NY 

11590; telephone (516) 228–7330; email 

andrea.jimenez@faa.gov. Any 

commentary that the FAA receives that 

is not specifically designated as CBI will 

be placed in the public docket for this 

rulemaking. 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2019–0311, 

dated December 19, 2019 (EASA AD 

2019–0311), to correct an unsafe 

condition for Leonardo S.p.A., formerly 

Finmeccanica Helicopter Division, 

AgustaWestland, Agusta S.p.A. Model 

AB139, AW139, AB412, and AB412EP 

helicopters. 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Proposed Rules 40963 

This proposed AD was prompted 

failure of an EFS float compartment to 

inflate during maintenance of the EFS. 

The FAA is proposing this AD to 

address a blocked float supply hose. The 

unsafe condition, if not addressed, 

could result in partial inflation of an 

EFS float during an emergency landing 

on water and subsequently preventing a 

timely egress from the helicopter, which 

could result in injury to helicopter 

occupants. See EASA AD 2019–0311 for 

additional background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2019–0311 specifies 

inspecting certain EFSs and depending 

on the results, marking a float supply 

hose with a green heat shrinkable sleeve 

if the float supply hose passes an 

inspection, replacing the float supply 

hose with a serviceable float supply 

hose. EASA AD 2019–0311 also 

prohibits installing a float supply hose 

unless it passes the inspection and is reidentified. 

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 Safran Service 

Bulletin 025–69–19, Revision 00, dated 

November 22, 2019 (SB 025–69–19), 

which is attached as Annex A to 

Leonardo Helicopters Alert Service 

Bulletin (ASB) No. 139–610 and 

Emergency ASB No. 412–157, each 

dated December 17, 2019. SB 025–69–19 

specifies procedures for inspecting for 

blockage through the float supply hoses 

of the EFS inflation system. 

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 

bilateral agreement with the State of 

Design Authority, the FAA has been 

notified of the unsafe condition 

described in EASA AD 2019–0311. The 

FAA is proposing this AD after 

evaluating all the relevant information 

and determining the unsafe condition 

described previously is likely to exist or 

develop in other products of these same 

type designs. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

accomplishing the actions specified in 

EASA AD 2019–0311, described 

previously, as incorporated by 

reference, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD and 

except as discussed under ‘‘Differences 

Between this Proposed AD and the 

EASA 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 some civil aviation authority (CAA) 

ADs as the primary source of 

information for compliance with 

requirements for corresponding FAA 

ADs. The FAA has been coordinating 

this process with manufacturers and 

CAAs. As a result, the FAA proposes to 

incorporate EASA AD 2019–0311 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2019–0311 

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 2019–0311 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 2019–0311. 

Service information specified in EASA 

AD 2019–0311 that is required for 

compliance with EASA AD 2019–0311 

will be available at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0608 after the FAA final rule is 

published. 

Differences Between This Proposed AD 

and the EASA AD 

EASA AD 2019–0311 requires 

inspecting each affected part in Group A 

within 400 flight hours (FH) or 12 

months, whichever occurs first, whereas 

this proposed AD would require 

inspecting each affected part in that 

group within 100 hours time-in-service 

instead. EASA AD 2019–0311 requires 

inspecting each affected part in Group C 

within 300 FH or during the next 

scheduled ‘‘18 months’’ inspection, 

whichever occurs first, whereas this 

proposed AD would require inspecting 

each affected part in that group within 

15 hours time-in-service instead to 

address the unsafe condition as soon as 

practical as there are no Group C aircraft 

registered in the U.S.; the proposed 

compliance time matches those same 

model aircraft found in Group D. Where 

the service information referenced in 

EASA AD 2019–0311 specifies 

‘‘operator able to perform the EFS 

maintenance in accordance with 

Aircraft Maintenance Manual (AMM) or 

Aircraft Maintenance Publication (AMP) 

can perform the procedure defined in 

this Service Bulletin,’’ this proposed AD 

would require that the work be 

accomplished by a mechanic that meets 

the requirements of 14 CFR part 65 

subpart D. Where EASA AD 2019–0311 

specifies replacing an affected float 

supply hose that fails the inspection, 

this proposed AD would require 

removing the float supply hose from 

service instead. 

Costs of Compliance 

The FAA estimates that this proposed 

AD affects 129 helicopters of U.S. 

Registry. Labor rates are estimated at 

$85 per work-hour. Based on these 

numbers, the FAA estimates that 

operators may incur the following costs 

in order to comply with this proposed 

AD. 

Inspecting each EFS supply hose 

would take about 0.25 work-hour for an 

estimated cost of $21 per hose. Reidentifying each EFS supply hose would 

take a minimal amount of time at a 

nominal cost. 

Replacing an EFS supply hose would 

take up to 8 work-hours and parts 

would cost between $2,500 and $9,500 

for a set of float supply hoses, for an 

estimated cost of up to $10,180 per 

helicopter. 

According to Safran’s service 

information, some of the costs of this 

proposed AD may be covered under 

warranty, thereby reducing the cost 

impact on affected individuals. The 

FAA does not control warranty coverage 

by Safran; accordingly, all costs are 

included in this cost estimate. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 


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40964 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Proposed Rules 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Leonardo S.p.a.: Docket No. FAA–2021– 

0608; Project Identifier 2019–SW–119– 

AD. 

(a) Comments Due Date 

The FAA must receive comments by 

September 13, 2021. 

(b) Affected Airworthiness Directives (ADs) 

None. 

(c) Applicability 

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

AB139, AW139, AB412, and AB412 EP, 

helicopters, certificated in any category, with 

an affected part as identified in European 

Union Aviation Safety Agency (EASA) AD 

2019–0311, dated December 19, 2019 (EASA 

AD 2019–0311), installed. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code: 3212, Emergency Flotation Section. 

(e) Unsafe Condition 

This AD was prompted by failure of an 

Emergency Flotation System (EFS) float 

compartment to inflate during maintenance 

of the EFS. The FAA is issuing this AD to 

address a blocked float supply hose. The 

unsafe condition, if not addressed, could 

result in partial inflation of an EFS float 

during an emergency landing on water and 

subsequently preventing a timely egress from 

the helicopter, which could result in injury 

to helicopter occupants. 

(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 2019–0311. 

(h) Exceptions to EASA AD 2019–0311 

(1) Where EASA AD 2019–0311 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) Where EASA AD 2019–0311 requires 

compliance in terms of flight hours, this AD 

requires using hours time-in-service (TIS). 

(3) Where paragraph (1) of EASA AD 2019– 

0311 requires inspecting each affected part 

within the compliance time specified in 

Table 2 of its AD, this AD requires: 

(i) Inspecting each affected part in Group 

A within 100 hours TIS after the effective 

date of this AD. 

(ii) Inspecting each affected part in Group 

C within 15 hours TIS after the effective date 

of this AD. 

(4) Where the service information 

referenced in paragraph (1) of EASA AD 

2019–0311 specifies ‘‘operator able to 

perform the EFS maintenance in accordance 

with Aircraft Maintenance Manual (AMM) or 

Aircraft Maintenance Publication (AMP) can 

perform the procedure defined in this Service 

Bulletin,’’ this AD requires that the work be 

accomplished by a mechanic that meets the 

requirements of 14 CFR part 65 subpart D. 

(5) Where paragraph (2) of EASA AD 2019– 

0311 specifies replacing an EFS supply hose 

that fails the inspection, this AD requires 

removing the hose from service. 

(6) This AD does not require the 

‘‘Remarks’’ section of EASA AD 2019–0311. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2019–0311 specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, send it to the attention of the person 

identified in paragraph (k)(2) of this AD. 

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

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(k) Related Information 

(1) For EASA AD 2019–0311, 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. 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–2021–0608. 

(2) For more information about this AD, 

contact Andrea Jimenez, Aerospace Engineer, 

COS Program Management Section, 

Operational Safety Branch, Compliance & 

Airworthiness Division, FAA, 1600 Stewart 

Ave., Suite 410, Westbury, NY 11590; 

telephone (516) 228–7330; email 

andrea.jimenez@faa.gov. 

Issued on July 23, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–16168 Filed 7–29–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0606; Project 

Identifier 2019–SW–070–AD] 

RIN 2120–AA64 

Airworthiness Directives; Leonardo 

S.p.a. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Leonardo S.p.a. Model A109E, 

A109S, and AW109SP helicopters. This 

proposed AD was prompted by reports 

of main landing gear (MLG) wheel 

assembly failure. This proposed AD 

would require repetitive inspections of 

each affected MLG strut assembly and, 

depending on the findings, replacement 

of an affected MLG strut assembly with 

a serviceable assembly, or application of 

corrosion preventive compound, as 


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