47608 Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Proposed Rules 

§ 628.63 Disclosures. 

* * * * * 

(b) * * * 

(4) * * * 

* * * * * 

TABLE 3 TO § 628.63—CAPITAL ADEQUACY

*******

Quantitative disclosures ............................................................................ (b) Risk-weighted assets for: 

* * * * * * * 

(8) HVCRE exposures; 

* * * * * * * 

* * * * * 

■ 5. Add Appendix A to Part 628 to read 

as follows: 

Appendix A to Part 628—Loan-to-Value 

Limits for High Volatility Commercial 

Real Estate Exposures 

Table A sets forth the loan-to-value limits 

specified in paragraph (2)(iv)(A) of the 

definition of high volatility commercial real 

estate exposure in § 628.2. 

TABLE A—LOAN-TO-VALUE LIMITS FOR HIGH VOLATILITY COMMERCIAL REAL ESTATE EXPOSURES

Loan category 

Loan-to-value 

limit 

(percent) 

Raw Land ............................................................................................................................................................................................. 65 

Land development ............................................................................................................................................................................... 75 

Construction: ........................

Commercial, multifamily,1 and other non-residential .................................................................................................................... 80 

1- to 4-family residential ............................................................................................................................................................... 85 

Improved property ........................................................................................................................................................................ 85 

Owner-occupied 1- to 4-family and home equity ......................................................................................................................... 2 85 

1 Multifamily construction includes condominiums and cooperatives. 

2 If a loan is covered by private mortgage insurance, the loan-to-value (LTV) may exceed 85 percent to the extent that the loan amount in excess of 85 percent is covered by the insurance. If a loan is guaranteed by Federal, State, or other governmental agencies, the LTV limit is 97 

percent. 

The loan-to-value limits should be applied 

to the underlying property that collateralizes 

the loan. For loans that fund multiple phases 

of the same real estate project (e.g., a loan for 

both land development and construction of 

an office building), the appropriate loan-tovalue limit is the limit applicable to the final 

phase of the project funded by the loan; 

however, loan disbursements should not 

exceed actual development or construction 

outlays. In situations where a loan is fully 

cross-collateralized by two or more 

properties or is secured by a collateral pool 

of two or more properties, the appropriate 

maximum loan amount under loan-to-value 

limits is the sum of the value of each 

property, less senior liens, multiplied by the 

appropriate loan-to-value limit for each 

property. To ensure that collateral margins 

remain within the limits, System institutions 

should redetermine conformity whenever 

collateral substitutions are made to the 

collateral pool. 

Dated: August 12, 2021. 

Dale Aultman, 

Secretary, Farm Credit Administration Board. 

[FR Doc. 2021–17560 Filed 8–25–21; 8:45 am] 

BILLING CODE 6705–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0697; Project 

Identifier MCAI–2020–01540–R] 

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 

helicopters. This proposed AD was 

prompted by reports of cracking in the 

center fuselage frame assembly in the 

intersection of the lateral pylon and 

floor spar at station (STA) 1815 on the 

left- and right-hand sides. This 

proposed AD would require repetitive 

inspections of the intersection of the 

lateral pylon and floor spar at STA 1815 

for cracking and, depending on the 

findings, repair, 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 October 12, 

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, 


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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Proposed Rules 47609 

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 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 at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0697. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0697; 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: 

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–2021–0697; Project Identifier 

MCAI–2020–01540’’ 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 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 2020–0256, 

dated November 17, 2020 (EASA AD 

2020–0256), to correct an unsafe 

condition for Leonardo S.p.A., formerly 

Finmeccanica S.p.A., AgustaWestland 

S.p.A., and Agusta S.p.A., Model A109E 

helicopters, serial numbers 11001 

through 11674 inclusive. 

This proposed AD was prompted by 

reports of cracking in the center fuselage 

frame assembly in the intersection of the 

lateral pylon and floor spar at STA 1815 

on the left- and right-hand sides. The 

FAA is proposing this AD to address 

cracking in the center fuselage frame 

assembly in the intersection of the 

lateral pylon and floor spar at STA 1815 

on the left- and right-hand sides, which, 

if not addressed, could affect the 

structural integrity of the helicopter. See 

EASA AD 2020–0256 for additional 

background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2020–0256 requires 

repetitive inspections of STA 1815 for 

cracking, fluorescent liquid penetrant 

inspections of any cracking to determine 

the extent of the cracking, and repair if 

necessary. For both the left- and righthand side repair, the actions include 

removing equipment and furnishings to 

gain access to the work area; testing the 

flight control system for correct travel of 

the flight controls; performing an 

operational test of the cockpit and 

passenger doors caution system; 

installing a new forward cap; installing 

a new angle, butt strap, and web; 

installing new cotter pins; and reinstalling the removed equipment and 

furnishings when the repair is complete. 

For the left-hand side repair, the 

actions also include replacing the nut 

plates with new nut plates, and an 

operational test of the collective control 

system and tail rotor control system. For 

the right-hand side repair, the actions 

include an operational test of the cyclic 

control system. 

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. 

FAA’s Determination 

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 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 2020–0256, 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 

MCAI.’’ 

Differences Between This Proposed AD 

and the MCAI 

EASA AD 2020–0256 specifies to 

accomplish corrective actions if ‘‘any 

crack is detected in an affected area’’ 

during a required inspection. Figure 1 of 

the service information referenced in 

EASA AD 2020–0256 depicts the 

affected area, but the FWD bulkhead is 

mislabeled as AFT. This proposed AD 

includes an exception to clarify the 

correct location of the FWD bulkhead 

depicted in Figure 1. 


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47610 Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Proposed Rules 

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 2020–0256 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2020–0256 

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 2020–0256 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 2020–0256. 

Service information referenced in EASA 

AD 2020–0256 for compliance will be 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–0697 after the FAA final 

rule is published. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 70 

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 

Inspection .... 6 work-hours × $85 per hour = $510 per inspection 

cycle.

$0 $510 per inspection cycle $35,700 per inspection 

cycle. 

The FAA estimates the following 

costs to do any necessary repairs that 

would be required based on the results 

of the proposed inspection. The agency 

has no way of determining the number 

of helicopters that might need these 

repairs: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product 

Repair left-hand side ..................... 120 work-hours × $85 per hour = 

$10,200.

$6,600 ........................................... $16,800 

Repair right-hand side ................... 120 work-hour × $85 per hour = 

$10,200.

5,200 ............................................. 15,400 

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– 

0697; Project Identifier MCAI–2020– 

01540–R. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by October 12, 

2021. 

(b) Affected ADs 

None. 

(c) Applicability 

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

A109E helicopters, certificated in any 


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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Proposed Rules 47611 

category, as identified in European Union 

Aviation Safety Agency (EASA) AD 2020– 

0256, dated November 17, 2020 (EASA AD 

2020–0256). 

(d) Subject 

Joint Aircraft Service Component (JASC) 

Code: 5300, Fuselage Structure. 

(e) Unsafe Condition 

This AD was prompted by reports of 

cracking in the center fuselage frame 

assembly in the intersection of the lateral 

pylon and floor spar at station (STA) 1815 on 

the left- and right-hand sides. The FAA is 

issuing this AD to address cracking in the 

intersection of the lateral pylon and floor 

spar at STA 1815 on the left- and right-hand 

sides, which, if not addressed, could affect 

the structural integrity 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 2020–0256. 

(h) Exceptions to EASA AD 2020–0256 

(1) Where EASA AD 2020–0256 requires 

compliance in terms of flight hours, this AD 

requires using hours time-in-service. 

(2) Where EASA AD 2020–0256 AD refers 

to its effective date, this AD requires using 

the effective date of this AD. 

(3) Where Figure 1 of the service 

information referenced in EASA AD 2020– 

0256 depicts the AFT bulkhead twice, for 

clarification, the FWD bulkhead is 

mislabeled as AFT and depicted on the left 

side of Figure 1, below 109–0320–96 POST 

ASSY (REF) and above FWD CAP. 

(4) Where the service information 

referenced in EASA AD 2020–0256 specifies 

discarding parts, this AD requires removing 

those parts from service. 

(5) Where paragraph (2) of EASA AD 2020– 

0256 or the service information referenced in 

EASA AD 2020–0256 specifies to contact the 

manufacturer for repair information, for this 

AD: Before further flight, do the repair using 

a method approved by the Manager, 

International Validation Branch, FAA; or 

EASA; or Leonardo S.p.a.’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(6) This AD does not require the 

‘‘Remarks’’ section of EASA AD 2020–0256. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2020–0256 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 2020–0256, 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–2021–0697. 

(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 August 18, 2021. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–18256 Filed 8–25–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0201] 

RIN 1625–AA00 

Safety Zone; Columbia River Outfall 

Project, Columbia River, Vancouver, 

WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

certain navigable waters of the 

Columbia River. This action is necessary 

to provide for the safety of life on these 

navigable waters near Knapp, WA, at 

Columbia River Mile 95.8 from October 

1, 2021, through March 15, 2022. This 

proposed rulemaking would prohibit 

persons and vessels from being in the 

safety zone unless authorized by the 

Captain of the Port Sector Columbia 

River or a designated representative. We 

invite your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before September 10, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0201 using the Federal 

eRulemaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email LCDR Dixon 

Whitley, Waterways Management 

Division, Marine Safety Unit Portland, 

U.S. Coast Guard; telephone 503–240– 

9319, email D13-SMBMSUPortlandWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On November 18, 2020, the Discovery 

Clean Water Alliance notified the Coast 

Guard that it would begin construction 

for their Phase 5A Project: Columbia 

River Outfall and Effluent Pipeline from 

12:01 a.m. on October 1, 2021, through 

11:59 p.m. on March 15, 2022, to 

remove and replace existing pipeline. 

The construction project includes the 

removal and replacement of an existing 

navigation marker (3-pile dolphin), 

installation of a 48′′ pipeline in the 

riverbed outside the navigation channel, 

and removal of an existing 30′′ pipeline 

from the riverbed. The scope of work 

may include the need to construct 

temporary pile-supported work 

platforms, or dredge, to access shallow 

water areas. Lighted barges will be used 

in deeper water. The Captain of the Port 

Sector Columbia River (COTP) has 

determined that potential hazards 

associated with the construction project 

would be a safety concern for anyone 

within the designated area of the 

Columbia River Outfall and Effluent 

Pipeline construction project. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 


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