[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Proposed Rules]
[Pages 50289-50291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19254]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / 
Proposed Rules

[[Page 50289]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0720; Project Identifier 2019-SW-079-AD]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Leonardo S.p.a. (Leonardo) Model AW109SP helicopters. This 
proposed AD was prompted by reports of an ineligible hydraulic pump 
being installed on Model AW109SP helicopters. This proposed AD would 
require inspecting each hydraulic pump for damage and, depending on the 
inspections results, removing parts from service and accomplishing 
other corrective actions. This proposed AD would also require removing 
certain parts from service before they exceed their life limits. The 
proposed corrective actions would be required to be accomplished 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 25, 
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#2160655261444052400f4454534e51400f4454"><span class="__cf_email__" data-cfemail="f9b8bd8ab99c988a98d79c8c8b968998d79c8c">[email protected]</span></a>; 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. It is also available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0720.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0720; 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: Darren Gassetto, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; telephone (516) 228-7323; email <a href="/cdn-cgi/l/email-protection#3377524141565d1d745240405647475c735552521d545c45"><span class="__cf_email__" data-cfemail="88cce9fafaede6a6cfe9fbfbedfcfce7c8eee9e9a6efe7fe">[email protected]</span></a>.

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-2021-0720; Project Identifier 
2019-SW-079-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 
Darren Gassetto, Aerospace Engineer, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7323; email <a href="/cdn-cgi/l/email-protection#92d6f3e0e0f7fcbcd5f3e1e1f7e6e6fdd2f4f3f3bcf5fde4"><span class="__cf_email__" data-cfemail="a5e1c4d7d7c0cb8be2c4d6d6c0d1d1cae5c3c4c48bc2cad3">[email protected]</span></a>. 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 2019-0213, dated August 29, 2019 
(EASA AD 2019-0213), to correct an unsafe condition for Leonardo S.p.a. 
(formerly Finmeccanica S.p.A. Helicopter Division, AgustaWestland 
S.p.A, Agusta S.p.A.) Model AW109SP helicopters.
    This proposed AD was prompted by reports of a hydraulic pump part 
number (P/N) 109-0760-42-103 being ineligibly installed on Model 
AW109SP helicopters. EASA advises that because

[[Page 50290]]

hydraulic pump P/N 109-0760-42-103 is not eligible for installation on 
Model AW109SP helicopters, applicable instructions for continued 
airworthiness are not available. The FAA is proposing this AD to 
address the ineligible installation of the affected part-numbered 
hydraulic pump on Model AW109SP helicopters since there are no 
applicable instructions for continuing airworthiness available. See 
EASA AD 2019-0213 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2019-0213 requires inspecting each affected hydraulic pump 
and depending on the inspection results, replacing an affected 
hydraulic pump with a serviceable hydraulic pump, before further 
flight. EASA AD 2019-0213 also requires replacing any affected 
hydraulic pump before exceeding 1,600 total flight hours (FH) since 
first installation on a helicopter, or within 200 FH, whichever occurs 
later. Finally, EASA AD 2019-0213 prohibits installing any affected 
hydraulic pump on any helicopter.
    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 also reviewed Leonardo S.p.a. Helicopters, Alert Service 
Bulletin No. 109SP-134, dated July 29, 2019. This service information 
specifies procedures for inspecting and replacing hydraulic pump P/N 
109-0760-42-103.

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 2019-0213, 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 2019-0213 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2019-0213 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 2019-0213 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-
0213. Service information required by EASA AD 2019-0213 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0720 after the FAA final rule is 
published.

Differences Between This Proposed AD and EASA AD 2019-0213

    EASA AD 2019-0213 applies to Model AW109SP helicopters, all serial 
numbers, whereas this proposed AD would only apply to Model AW109SP 
helicopters with certain part-numbered hydraulic pumps installed.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 17 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.
    Visually inspecting each hydraulic pump for wear, burrs, and 
abrasion would take about 4 work-hours and parts would cost about $5 
for an estimated cost of $345 per inspection and $5,865 for the U.S. 
fleet.
    Removing from service each affected hydraulic pump and replacing 
with an airworthy hydraulic pump would take about 6 work-hours and 
parts would cost about $22,819 for an estimated cost of $23,329 per 
pump replacement.
    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:

[[Page 50291]]

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

Leonardo S.p.a.: Docket No. FAA-2021-0720; Project Identifier 2019-
SW-079-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 25, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AW109SP helicopters, 
certificated in any category, with an affected part as identified in 
European Union Aviation Safety Agency (EASA) AD 2019-0213, dated 
August 29, 2019 (EASA AD 2019-0213).

(d) Subject

    Joint Aircraft Service Component (JASC) Codes: 2913, Hydraulic 
Pump (Elect/Eng), Main.

(e) Unsafe Condition

    This AD was prompted by reports of the ineligible installation 
of hydraulic pump part number (P/N) 109-0760-42-103 on Model AW109SP 
helicopters resulting in the applicable instructions for continued 
airworthiness not being available. The FAA is issuing this AD to 
address this unsafe condition. The unsafe condition, if not 
addressed, could result in failure of the hydraulic pump and 
subsequent loss of 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 2019-0213.

(h) Exceptions to EASA AD 2019-0213

    (1) Where EASA AD 2019-0213 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2019-0213 requires compliance from its 
effective date, this AD requires using the effective date of this 
AD.
    (3) Where paragraph (2) of EASA AD 2019-0213 specifies to 
replace a part if any discrepancy is detected during the inspection, 
this AD requires removing that part from service.
    (4) Where paragraph (3) of EASA AD 2019-0213 specifies to 
replace a part before exceeding 1,600 flight hours since first 
installation on a helicopter, this AD requires removing that part 
from service before 1600 hours time in service since first 
installation on a helicopter.
    (5) Where the service information required by EASA AD 2019-0213 
specifies discarding the o-ring and gasket, this AD requires 
removing those parts from service.
    (6) Where the service information required by EASA AD 2019-0213 
specifies recording compliance with the service bulletin in the 
helicopter logbook, this AD does not include that requirement.
    (7) This AD does not require the ``Remarks'' section of EASA AD 
2019-0213.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0213 
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: <a href="/cdn-cgi/l/email-protection#b78e9af6e1e49af6fee59a8084879af6faf8f4f7d1d6d699d0d8c1"><span class="__cf_email__" data-cfemail="bc8591fdeaef91fdf5ee918b8f8c91fdf1f3fffcdadddd92dbd3ca">[email protected]</span></a>.
    (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 2019-0213, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#bffefbccffdadeccde91dacacdd0cfde91daca"><span class="__cf_email__" data-cfemail="7435300734111507155a1101061b04155a1101">[email protected]</span></a>; 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-2021-0720.
    (2) For more information about this AD, contact Darren Gassetto, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7323; email <a href="/cdn-cgi/l/email-protection#b3f7d2c1c1d6dd9df4d2c0c0d6c7c7dcf3d5d2d29dd4dcc5"><span class="__cf_email__" data-cfemail="185c796a6a7d76365f796b6b7d6c6c77587e7979367f776e">[email protected]</span></a>.

    Issued on August 26, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-19254 Filed 9-7-21; 8:45 am]
BILLING CODE 4910-13-P


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