46162 Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Proposed Rules 

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

not install an oil cooler air induction duct P/ 

N T700A7920040001, T700H792000900000, 

T700H792001900000, T700H792001900200, 

T700H792001900400, or 

T700H792001900600 on any airplane. 

(h) 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 certification office, 

send it to the attention of the person 

identified in Related Information or email: 9- 

AVS-AIR-730-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. 

(i) Related Information 

(1) For more information about this AD, 

contact Greg Johnson, Aviation Safety 

Engineer, FAA, General Aviation & Rotorcraft 

Section, International Validation Branch, 901 

Locust, Room 301, Kansas City, MO 64106; 

phone: (720) 626–5462; fax: (816) 329–4090; 

email: greg.johnson@faa.gov. 

(2) Refer to European Aviation Safety 

Agency (EASA) AD 2018–0133, dated June 

22, 2018, and corrected June 25, 2018, for 

more information. You may examine the 

EASA AD in the AD docket at https://

www.regulations.gov by searching for and 

locating it in Docket No. FAA–2020–1069. 

(3) For service information identified in 

this AD, contact Daher Aerospace, 601 NE 10 

Street, Pompano Beach, FL 33060; phone: +1 

(954) 366–3331; email: TBMCare@daher.com. 

You may view this referenced service 

information at the FAA, Airworthiness 

Products Section, Operational Safety Branch, 

901 Locust, Kansas City, MO 64106. For 

information on the availability of this 

material at the FAA, call (816) 329–4148. 

Issued on August 4, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–17603 Filed 8–17–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0671; Project 

Identifier 2019–SW–036–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 AB139 

and AW139 helicopters. This proposed 

AD was prompted by a report of damage 

(burns) on the tail rotor blades (TRBs). 

This proposed AD would require an 

inspection of each TRB for the general 

condition and any evidence of burns 

and replacement if necessary, 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 4, 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; phone: +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. 

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 EASA 

material is also available at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0671. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0671; 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, FAA, 10101 

Hillwood Pkwy., Fort Worth, TX 76177; 

phone: (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–2021–0671; Project Identifier 

2019–SW–036–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, 

FAA, 10101 Hillwood Pkwy., Fort 

Worth, TX 76177; phone: (817) 222– 

4130; email: jacob.fitch@faa.gov. Any 

commentary that the FAA receives that 

is not specifically designated as CBI will 


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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Proposed Rules 46163 

be placed in the public docket for this 

rulemaking. 

Background 

The EASA, which is the Technical 

Agent for the Member States of the 

European Union, has issued EASA AD 

2019–0073, dated March 28, 2019 

(EASA AD 2019–0073), to correct an 

unsafe condition for Leonardo S.p.a. 

Model AB139 and AW139 helicopters. 

This proposed AD was prompted by 

a report of damage (burns) on the TRBs. 

The FAA is proposing this AD to 

address damage (burns) on the TRBs, 

which could result in the loss of a TRB, 

and possible reduced control of the 

helicopter. See EASA AD 2019–0073 for 

additional background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2019–0073 requires an 

inspection of each TRB for the general 

condition and any evidence of burns 

and replacement if necessary. 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 these 

same type designs. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

accomplishing the actions specified in 

EASA AD 2019–0073, 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 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 2019–0073 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2019–0073 

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 2019–0073 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 2019–0073. 

Service information required by EASA 

AD 2019–0073 for compliance will be 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–0671 after the FAA final 

rule is published. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 138 

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 proposed AD. 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

3 work-hours × $85 per hour = $255 (4 blades) ......................................................................... $0 $255 $35,190 

The FAA estimates the following 

costs to do any necessary on-condition 

actions that would be required based on 

the results of any required actions. The 

FAA has no way of determining the 

number of aircraft that might need these 

on-condition actions: 

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Labor cost Parts cost Cost per product 

2 work-hours × $85 per hour = $170 per blade ................................................... $57,500 per blade ................................. $57,670 per blade. 

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. 


jbell on DSKJLSW7X2PROD with PROPOSALS
46164 Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Proposed Rules 

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– 

0671; Project Identifier 2019–SW–036– 

AD. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by October 4, 

2021. 

(b) Affected ADs 

None. 

(c) Applicability 

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

AB139 and AW139 helicopters, certificated 

in any category, as identified in European 

Union Aviation Safety Agency (EASA) AD 

2019–0073, dated March 28, 2019 (EASA AD 

2019–0073). 

(d) Subject 

Joint Aircraft Service Component (JASC) 

Codes: 3097, Ice/Rain Protection System 

Wiring; 6410, Tail Rotor Blades. 

(e) Unsafe Condition 

This AD was prompted by a report of 

damage (burns) on the tail rotor blades 

(TRBs). The FAA is issuing this AD to 

address damage (burns) on the TRBs. The 

unsafe condition, if not addressed, could 

result in loss of a TRB, possibly resulting in 

reduced 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 2019–0073. 

(h) Exceptions to EASA AD 2019–0073 

(1) Where EASA AD 2019–0073 requires 

compliance in terms of flight hours, this AD 

requires using hours time-in-service. 

(2) Where EASA AD 2019–0073 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(3) Where the service information required 

by EASA AD 2019–0073 specifies returning 

a part to the manufacturer, this AD does not 

include that requirement. 

(4) This AD does not require the 

‘‘Remarks’’ section of EASA AD 2019–0073. 

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

0073 specifies to replace if there are burn 

signs or other damage, for this AD, other 

damage is defined as being consistent with 

wire overheat (e.g., possible melted or 

exposed wires). 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2019–0073 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 not allowed. 

(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 2019–0073, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; phone: +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–2021–0671. 

(2) For more information about this AD, 

contact Jacob Fitch, Aerospace Engineer, COS 

Program Management Section, Operational 

Safety Branch, FAA, 10101 Hillwood Pkwy., 

Fort Worth, TX 76177; phone: (817) 222– 

4130; email: jacob.fitch@faa.gov. 

Issued on August 11, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–17608 Filed 8–17–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0667; Project 

Identifier MCAI–2021–00580–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 

certain Airbus SAS Model A350–941 

and –1041 airplanes. This proposed AD 

was prompted by a report that during 

type certification activity, it was 

identified that certain monitoring 

software was incorrectly implemented 

in the braking control system (BCS) 

certification standard. This proposed 

AD would require installing (updating) 

certain software for the braking and 

steering 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 October 4, 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 


jbell on DSKJLSW7X2PROD with PROPOSALS