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.

Proposed Rules Federal Register

50289 

Vol. 86, No. 171 

Wednesday, September 8, 2021 

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). 

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: 

• 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 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 

Darren.Gassetto@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–2021–0720; 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 

Darren.Gassetto@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 2019–0213, 

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 


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50290 Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Proposed Rules 

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 partnumbered 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: 


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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Proposed Rules 50291 

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– 

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: 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 2019–0213, 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 

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 

Darren.Gassetto@faa.gov. 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0725; Project 

Identifier MCAI–2020–01402–T] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc., Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede Airworthiness Directive (AD) 

2017–22–06, which applies to certain 

Bombardier, Inc., Model CL–600–2B16 

(601–3A, 601–3R, and 604 Variants) 

airplanes. AD 2017–22–06 requires 

repetitive inspections for fuel leakage at 

the engine and auxiliary power unit 

(APU) fuel pumps, and related 

investigative and corrective actions if 

necessary. Since the FAA issued AD 

2017–22–06, terminating actions have 

been developed and additional 

airplanes have been determined to be 

affected by the unsafe condition. This 

proposed AD would retain the 

requirements of AD 2017–22–06, and 

require an inspection of the APU, repair 

if necessary, and modification of the 

engine electrical fuel pump (EFP) 

installation. This proposed AD would 

also add airplanes to the applicability. 

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: 

• 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. 


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