Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 46959 

flight (i.e., latent failures). The applicant 

may address this condition through 

safety assessments and incorporation of 

prevention strategies into its design. The 

‘‘operation’’ addressed by Condition 2 

includes all operation of the system, 

whether intentional, inadvertent, or 

automatic. 

Markings, instructions, and other 

information. Conditions 3, 4, and 5 are 

intended to protect certain categories of 

persons based upon their expected 

interaction with the system. These 

conditions require the design to supply 

certain safety information to these 

persons. 

Condition 3 requires the design to 

provide pertinent laser-safety 

information to maintenance and service 

personnel at the location of the 

installation. At a minimum, such 

‘‘pertinent’’ information will include 

information about potential hazards to 

persons who are using optical 

magnification devices, such as 

magnifying glasses or binoculars. The 

warning information should be 

consistent with the laser’s classification 

in 21 CFR 1040. 

Condition 4 requires the airplane 

instructions for continued airworthiness 

to contain the appropriate warnings 

related to the laser’s classification. Like 

the warning information to be provided 

at the location of the laser system’s 

installation, the purpose of this 

condition is to ensure any person 

maintaining the system is aware of the 

hazards, including those related to the 

use of magnifying glasses or binoculars. 

Condition 5 requires the applicant to 

update the airplane operating 

limitations and information required 

under 14 CFR 25.1581. The airplane 

flight-manual supplement insert must 

describe the intended function of the 

LAIRCM system, its intended operation, 

and the phases of flight in which it may 

be used. The insert also must add a 

caution that describes the significant 

risk of injury the LAIRCM system poses 

to others while in proximity to other 

aircraft, airports, and populated areas. 

These special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

These special conditions, and the 

corresponding supplemental type 

certificate for the installation of this 

system, do not constitute approval to 

operate the system. FAA Advisory 

Circular 70–1, ‘‘Outdoor Laser 

Operations,’’ provides guidance on 

obtaining operational approval. 

Discussion of Comments 

The FAA issued Notice of Proposed 

Special Conditions No. 25–21–02–SC 

for the Bombardier Model CL–600–2B16 

airplane, as modified by Pro Star 

Aviation, which was published in the 

Federal Register on June 24, 2021 (86 

FR 33147). The FAA received one 

comment supporting the proposed 

special conditions as they apply to the 

installation of a LAIRCM system ‘‘. . . 

on the specific model of aircraft.’’ 

Applicability 

As discussed above, these special 

conditions are applicable to the 

Bombardier Model CL–600–2B16 

airplane with the Pro Star Aviation 

LAIRCM system installed. Should Pro 

Star Aviation apply at a later date for a 

supplemental type certificate to modify 

any other model included on Type 

Certificate No. A21EA to incorporate the 

same novel or unusual design feature, 

these special conditions would apply to 

that model as well. 

Conclusion 

This action affects only a certain 

novel or unusual design feature on one 

model of airplane. It is not a rule of 

general applicability and affects only 

the applicant. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

Authority Citation 

The authority citation for these 

special conditions is as follows: 

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

44701, 44702, 44704. 

The Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

conditions are issued as part of the type 

certification basis for the Bombardier 

Model CL–600–2B16 airplane with the 

LAIRCM system, as modified by Pro 

Star Aviation. 

1. The system must have means that 

prevent the inadvertent activation of the 

system on the ground, including during 

airplane maintenance and ground 

handling. Such means must address all 

foreseeable failure modes and operating 

and maintenance errors. 

2. The system must be designed so 

that its operation in-flight does not 

result in damage to the airplane or other 

aircraft, or injury to any person. 

Operation of the system must not be 

capable of compromising continued safe 

flight and landing of other aircraft and 

the airplane on which it is installed, 

either by direct damage, laser-reflective 

damage, or through distraction or 

incapacitation of crew. 

3. Laser-safety information for 

maintaining or servicing the airplane 

must be prominently placarded on the 

airplane or LAIRCM system at the 

location of the laser installation. 

4. Instructions for continued 

airworthiness for installation, removal, 

and maintenance of the LAIRCM system 

must contain warnings appropriate to 

the laser classification concerning the 

hazards associated with exposure to 

laser radiation. This includes 

instructions regarding potential hazards 

to personnel who are using optical 

magnification devices such as 

magnifying glasses or binoculars. 

5. The airplane flight manual 

supplement (AFMS) must describe the 

intended functions of the installed laser 

systems, to include identifying the 

intended operations and phases of 

flight. The AFMS must state: 

CAUTION: The operation of the 

installed laser system could pose 

significant risk of injury to others while 

in proximity to other aircraft, airports, 

and populated areas. 

Issued in Washington, DC, on August 17, 

2021. 

Erik Brown, 

Acting Manager, Systems Policy Branch, 

Policy and Innovation Division, Aircraft 

Certification Service. 

[FR Doc. 2021–17979 Filed 8–20–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0373; Project 

Identifier MCAI–2020–01352–R; Amendment 

39–21668; AD 2021–16–06] 

RIN 2120–AA64 

Airworthiness Directives; Leonardo 

S.p.a. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2020–19– 

11 for certain Leonardo S.p.a. Model 

A119 and AW119 MKII helicopters. AD 

2020–19–11 required repetitive 

borescope inspections of the 90-degree 

tail rotor gearbox (TGB) and depending 

on the inspection results, removing the 

TGB from service. This AD was 

prompted by the determination that 

additional parts may be susceptible to 

the unsafe condition. This AD retains 


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46960 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 

the inspection requirements of AD 

2020–19–11, and revises the compliance 

time and applicability. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective September 

27, 2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of September 27, 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.leonardocompany.com/ 

en-US/. 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. It is also 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–0373. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0373; 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 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: Rao 

Edupuganti, Aerospace Engineer, 

Dynamic Systems Section, Technical 

Innovation Policy Branch, Policy & 

Innovation Division, FAA, 10101 

Hillwood Pkwy., Fort Worth, TX 76177; 

telephone (817) 222–5110; email 

rao.edupuganti@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2020–19–11, 

Amendment 39–21254 (85 FR 59404, 

September 22, 2020) (AD 2020–19–11). 

AD 2020–19–11 applied to Leonardo 

S.p.a. Model A119 and AW119 MKII 

helicopters with TGB part number (P/N) 

109–0440–06–101 or P/N 109–0440–06– 

105 having serial number (S/N) 167, 169 

through 172 inclusive, 215 through 225 

inclusive, 227, 230, 232, 233, AW268, 

K3, K16, M47, or L29, installed. The 

NPRM published in the Federal 

Register on May 21, 2021 (86 FR 27538). 

In the NPRM, the FAA proposed to 

retain certain requirements of AD 2020– 

19–11, revise the compliance time for 

the repetitive inspections from intervals 

not to exceed 100 hours time-in-service 

(TIS) or 6 months to only intervals not 

to exceed 6 months, and revise the 

applicability paragraph by adding 

certain serial-numbered TGB shafts. The 

NPRM was prompted by EASA AD 

2020–0206, dated September 30, 2020 

(EASA AD 2020–0206), 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. Helicopters, 

formerly Finmeccanica S.p.A., 

AgustaWestland S.p.A., Agusta S.p.A.; 

and AgustaWestland Philadelphia 

Corporation, formerly Agusta Aerospace 

Corporation. EASA advises that 

additional parts may be susceptible to 

similar occurrences and some TGB 

shafts could have been reinstalled on a 

TGB other than the one on which they 

were initially installed. This condition, 

if not addressed, could result in failure 

of the tail rotor, possibly resulting in 

reduced control of the helicopter. 

Accordingly, EASA AD 2020–0206 

retains the inspection requirements of 

EASA AD 2018–0156, dated July 24, 

2018, which prompted AD 2020–19–11, 

for certain part-numbered TGB shafts 

and revises the definition of an affected 

part by adding certain serial-numbered 

TGB shafts. 

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. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed Leonardo 

Helicopters Alert Service Bulletin No. 

119–090, Revision A, dated September 

14, 2020. This service information 

specifies procedures for conducting an 

endoscope inspection of the internal 

surface of the TGB output shaft for 

corrosion. This service information also 

specifies replacing the TGB if corrosion 

is found. 

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. 

Interim Action 

The FAA considers this AD to be an 

interim action. 

Differences Between This AD and the 

EASA AD 

EASA AD 2020–0206 uses flight 

hours to describe one compliance time, 

whereas this AD uses hours TIS. EASA 

AD 2020–0206 requires using an 

endoscope for inspection, whereas this 

AD requires inspecting with a 

borescope. EASA AD 2020–0206 defines 

the affected part as the 90-degree TGB 

shaft installed on TGB P/N 109–0440– 

06–01–101, whereas the applicability 

paragraph of this AD includes TGB P/ 

N 109–0440–06–101 instead. 

Costs of Compliance 

The FAA estimates that this AD 

affects 134 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. 

Borescope inspecting the TGB output 

shaft takes about 3 work-hours for an 

estimated cost of $255 per helicopter 

and $34,170 for the U.S. fleet per 

inspection cycle. 

Replacing a TGB takes about 18 workhours and parts cost about $49,000 

(overhauled TGB) for an estimated cost 

of $50,530 per helicopter. 

The FAA has included all known 

costs in its cost estimate. According to 

the manufacturer, however, some of the 

costs of this 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 


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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 46961 

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 

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: 

■ a. Removing Airworthiness Directive 

2020–19–11, Amendment 39–21254 (85 

FR 59404, September 22, 2020); and 

■ b. Adding the following new 

airworthiness directive: 

2021–16–06 Leonardo S.p.a.: Amendment 

39–21668; Docket No. FAA–2021–0373; 

Project Identifier MCAI–2020–01352–R. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective September 27, 2021. 

(b) Affected ADs 

This AD replaces AD 2020–19–11, 

Amendment 39–21254 (85 FR 59404, 

September 22, 2020). 

(c) Applicability 

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

A119 and AW119 MKII helicopters, 

certificated in any category, with 90-degree 

tail rotor gearbox (TGB) part number (P/N) 

109–0440–06–101 or 109–0440–06–105, and 

with TGB shaft P/N 109–0443–03–107 having 

a serial number (S/N) listed in Table 1 of 

Leonardo Helicopters Alert Service Bulletin 

No. 119–090, Revision A, dated September 

14, 2020 (ASB 119–090), installed. 

Note 1 to paragraph (c): A TGB shaft is also 

referred to as a mast gear assembly. 

(d) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6510, Tail Rotor Drive Shaft. 

(e) Unsafe Condition 

This AD was prompted by two occurrences 

of corrosion on the internal surface of the 

TGB shaft. The FAA is issuing this AD to 

detect corrosion of the TGB shaft. The unsafe 

condition, if not addressed, could result in 

failure of the tail rotor, possibly resulting in 

reduced control of the helicopter. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

(1) Within 25 hours time-in-service (TIS) or 

3 months, whichever occurs first after the 

effective date of this AD, and thereafter at 

intervals not to exceed 6 months, borescope 

inspect the entire internal surface of the TGB 

shaft for corrosion. Refer to Detail A of Figure 

1 of ASB 119–090, for a depiction of the 

entry point for the borescope. If there is 

corrosion, before further flight, remove the 

TGB from service. 

(2) As of the effective date of this AD, do 

not install on any helicopter any TGB P/N 

109–0440–06–101 or 109–0440–06–105 that 

has TGB shaft P/N 109–0443–03–107 having 

an S/N listed in Table 1 of ASB 119–090, 

unless the actions required by paragraph 

(g)(1) of this AD have been accomplished. 

(h) Special Flight Permits 

A special flight permit may be permitted 

provided that there are no passengers 

onboard. 

(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 Rao Edupuganti, Aerospace Engineer, 

Dynamic Systems Section, Technical 

Innovation Policy Branch, Policy & 

Innovation Division, FAA, 10101 Hillwood 

Pkwy., Fort Worth, TX 76177; telephone 

(817) 222–5110; email rao.edupuganti@

faa.gov. 

(2) The subject of this AD is addressed in 

European Union Aviation Safety Agency 

(EASA) AD 2020–0206, dated September 30, 

2020. You may view the EASA AD at https:// 

www.regulations.gov in Docket No. FAA– 

2021–0373. 

(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) Leonardo Helicopters Alert Service 

Bulletin No. 119–090, Revision A, dated 

September 14, 2020. 

(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 August 16, 2021. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–17951 Filed 8–20–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–0648; Amendment 

No. 71–53] 

RIN 2120–AA66 

Airspace Designations; Incorporation 

by Reference 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 


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