Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Proposed Rules 40371 

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: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Leonardo S.p.a. Model AW169 

helicopters. This proposed AD was 

prompted by a report of a broken 

adjustable device that is part of the pilot 

and co-pilot yaw pedal assemblies. This 

proposed AD would require 

modification of the pilot and co-pilot 

yaw pedal assemblies, 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 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 

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 this 

NPRM, the EASA AD, any comments 

received, and other information. The 

street address for Docket Operations is 

listed above. 

FOR FURTHER INFORMATION CONTACT: 

Jacob Fitch, Aerospace Engineer, COS 

Program Management Section, 

Operational Safety Branch, Compliance 

& Airworthiness Division, FAA, 10101 

Hillwood Pkwy., Fort Worth, TX 76177; 

telephone (817) 222–4130; email 

jacob.fitch@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 

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 Jacob Fitch, Aerospace 

Engineer, COS Program Management 

Section, Operational Safety Branch, 

Compliance & Airworthiness Division, 

FAA, 10101 Hillwood Pkwy., Fort 

Worth, TX 76177; telephone (817) 222– 

4130; email jacob.fitch@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 2019–0252, 

dated October 10, 2019 (EASA AD 

2019–0252), 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. 

Although EASA AD 2019–0252 applies 

to all Model AW169 helicopters, this 

proposed AD would apply to 

helicopters with an affected part 

installed instead. 

This proposed AD was prompted by 

a report of a broken adjustable device 

that is part of the pilot and co-pilot yaw 

pedal assemblies. The results of the 

investigations determined that a 

modification of the pilot and co-pilot 

yaw pedal assemblies is required to 

prevent this kind of failure. The 

modification includes installing 

additional end stroke stops on the yaw 

pedal assemblies by replacing the 

existing bolts with bolts having a longer 

grip to house a wider washer that acts 

as an additional stop in case of a yaw 

pedal adjuster failure. The FAA is 

proposing this AD to address failure of 

a yaw pedal adjuster, which could result 

in reduced yaw control of the 

helicopter. See EASA AD 2019–0252 for 

additional background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2019–0252 requires 

modification (rework) of the affected 

pilot and co-pilot assemblies and reidentification of each affected part after 

it has been modified. EASA AD 2019– 

0252 also provides an option to replace 

an affected part with a non-affected part 

instead of doing the modification. 

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. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
40372 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Proposed Rules 

FAA’s Determination and Requirements 

of This Proposed AD 

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. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

accomplishing the actions specified in 

EASA AD 2019–0252, 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 2019–0252 

will be incorporated by reference in the 

FAA final rule. This proposed AD 

would, therefore, require compliance 

with EASA AD 2019–0252 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– 

0252 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 

2019–0252. Service information 

specified in EASA AD 2019–0252 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. 

Interim Action 

The FAA considers this proposed AD 

would be an interim action. If final 

action is later identified, the FAA might 

consider further rulemaking then. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 7 

helicopters of U.S. Registry. The FAA 

estimates the following costs to comply 

with this proposed AD. 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Modify and re-identify affected parts .............. 2 work-hours × $85 per hour = $170 ............. $510 $680 $4,760 

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 

■ 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– 

0570; Project Identifier 2019–SW–091– 

AD. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by September 

13, 2021. 

(b) Affected ADs 

None. 

(c) Applicability 

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

AW169 helicopters, certificated in any 

category, with an affected part as identified 

in European Union Aviation Safety Agency 

(EASA) AD 2019–0252, dated October 10, 

2019 (EASA AD 2019–0252). 

(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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Proposed Rules 40373 

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 

accordance with, EASA AD 2019–0252. 

(h) Exceptions to EASA AD 2019–0252 

(1) Where EASA AD 2019–0252 refers to 

flight hours (FH), this AD requires using 

hours time-in-service. 

(2) Where EASA AD 2019–0252 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(3) Where the service information 

referenced in EASA AD 2019–0252 specifies 

to discard certain parts, this AD requires 

removing those parts from service. 

(4) The ‘‘Remarks’’ section of EASA AD 

2019–0252 does not apply to this AD. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2019–0252 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. 

(l) Related Information 

(1) For EASA AD 2019–0252, 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 Jacob Fitch, Aerospace Engineer, COS 

Program Management Section, Operational 

Safety Branch, Compliance & Airworthiness 

Division, FAA, 10101 Hillwood Pkwy., Fort 

Worth, TX 76177; telephone (817) 222–4130; 

email jacob.fitch@faa.gov. 

Issued on July 11, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–15950 Filed 7–27–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0568; Project 

Identifier MCAI–2021–00446–T] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Airbus SAS Model A330–200, –200 

Freighter, –300 and –900 series 

airplanes; and Model A340–200, –300, 

–500, and –600 series airplanes. This 

proposed AD was prompted by a report 

that during the frame of flight test 

clearance process, a detailed analysis of 

air data reference (ADR) failure 

scenarios led to the identification that 

compliance requirements for loads and 

handling qualities throughout the flight 

envelope could be impaired in case of 

dispatch with one ADR inoperative 

(master minimum equipment list 

(MMEL) item 34–10–01) during the 

maximum interval allowed by the 

current MMEL. This proposed AD 

would require revising the operator’s 

existing FAA-approved minimum 

equipment list (MEL) for the air data/ 

inertial reference system, as specified in 

a European Union Aviation Safety 

Agency (EASA) AD, which is proposed 

for incorporation by reference. 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 material that will be 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 

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

You may view this IBR material at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available in the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0568. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0568; 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. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aerospace Engineer, 

Large Aircraft Section, International 

Validation Branch, FAA, 2200 South 

216th St., Des Moines, WA 98198; 

telephone and fax: 206–231–3229; email 

vladimir.ulyanov@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–2021–0568; Project Identifier 

MCAI–2021–00446–T’’ 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 the proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 


khammond on DSKJM1Z7X2PROD with PROPOSALS