[Federal Register Volume 86, Number 112 (Monday, June 14, 2021)]
[Proposed Rules]
[Pages 31451-31453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12359]


========================================================================
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.

========================================================================


Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / 
Proposed Rules

[[Page 31451]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0461; Project Identifier MCAI-2021-00156-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 all Leonardo S.p.a. Model AB139 and AW139 helicopters. This 
proposed AD was prompted by a report of a short circuit caused by 
chafing of the electrical wiring in the overhead panel. This proposed 
AD would require an initial detailed inspection inside the overhead 
panel for certain helicopters, repetitive detailed inspections inside 
the overhead panel for all helicopters, and corrective actions 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 July 29, 
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 material that is proposed for IBR in this AD, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: <a href="/cdn-cgi/l/email-protection#acede8dfecc9cddfcd82c9d9dec3dccd82c9d9"><span class="__cf_email__" data-cfemail="f1b0b582b194908290df9484839e8190df9484">[email protected]</span></a>; internet: www.easa.europa.eu. You may 
find this 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 material is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0461.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0461; 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. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jacob Fitch, Aerospace Engineer, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; phone: (817) 222-4130; email: <a href="/cdn-cgi/l/email-protection#650f04060a074b030c11060d250304044b020a13"><span class="__cf_email__" data-cfemail="670d0604080549010e13040f2701060649000811">[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-2021-0461; Project Identifier 
MCAI-2021-00156-R'' 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 proposal.

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, Compliance & Airworthiness Division, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; phone: (817) 222-4130; email: 
<a href="/cdn-cgi/l/email-protection#85efe4e6eae7abe3ecf1e6edc5e3e4e4abe2eaf3"><span class="__cf_email__" data-cfemail="3953585a565b175f504d5a51795f5858175e564f">[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

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0044, dated February 5, 2021 
(EASA AD 2021-0044), to correct an unsafe condition for all Leonardo 
S.p.a. Model AB139 and AW139 helicopters.
    This proposed AD was prompted by a report of a short circuit caused 
by chafing of the electrical wiring in the overhead panel. The FAA is 
proposing this AD to address a short circuit caused by chafing of the 
electrical wiring in the overhead panel, which could cause damaged 
electrical wiring, possible fire in the overhead panel, and loss of 
control of the helicopter. See EASA AD

[[Page 31452]]

2021-0044 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0044 requires an initial detailed inspection (for 
certain helicopters) inside the overhead panel for chafing of the cable 
harnesses and for correct clearance between the anchor nuts/screws and 
the cable harnesses, of the screws for correct length, and of the 
supports for sound bonding, and corrective actions if necessary; 
repetitive detailed inspections (for all helicopters) inside the 
overhead panel for the condition of the white protective tape on the 
anchor nuts, and for chafing of the cable harnesses and for correct 
clearance between the anchor nuts/screws and the cable harnesses, and 
corrective actions if necessary. Corrective actions include applying a 
white protective tape on the anchor nuts, replacement of incorrect 
length screws, replacement of damaged cables and fuses, rerouting of 
cable harnesses, replacement of supports, and removal and replacement 
of the white protective tape.
    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 the aviation authority of 
another country, and are approved for operation in the United States. 
Pursuant to the bilateral agreement with the European Union, EASA, its 
technical representative, has notified the FAA of the unsafe condition 
described in its AD. The FAA is proposing this AD after evaluating all 
the relevant information and determining the unsafe condition described 
previously is likely to exist or develop on other helicopters of the 
same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0044, 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 certain civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating with other manufacturers and CAAs. As a result, EASA AD 
2021-0044 will be incorporated by reference in the FAA final rule. This 
proposed AD would, therefore, require compliance with EASA AD 2021-0044 
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 the EASA AD 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 the EASA AD. Service information specified 
in EASA AD 2021-0044 that is required for compliance with EASA AD 2021-
0044 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0461 after the FAA 
final rule is published.

Differences Between This Proposed AD and the EASA AD

    Although EASA AD 2021-0044 and the service information referenced 
in EASA AD 2021-0044 specify to submit certain information to the 
manufacturer, this AD does not include that requirement.

Interim Action

    The FAA considers this proposed AD interim action. If final action 
is later identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this that this AD, if adopted as proposed, 
would affect 128 helicopters of U.S. Registry. The FAA estimates the 
following costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspection for chafing,          1 work-hour x $85 per   $0...............  $85..............  $10,880.
 clearance, screw length, and     hour = $85.
 bonding.
Repetitive inspections for       1 work-hour x $85 per   $0 per inspection  $85 per            $10,880 per
 chafing, clearance, and tape     hour = $85 per          cycle.             inspection cycle.  inspection
 condition.                       inspection cycle.                                             cycle.
----------------------------------------------------------------------------------------------------------------

    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 
helicopters that might need these on-condition actions:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace screws, cables, fuses, supports, and    5 work-hours x $85 per hour =               $600          $1.025
 protective tape; reroute harnesses.             $425.
Apply protective tape.........................  1 work-hour x $85 per hour = $85              50             135
Replace cables, fuses and protective tape.....  1 work-hour x $85 per hour = $85             600             685
----------------------------------------------------------------------------------------------------------------


[[Page 31453]]

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) 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 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

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-2021-0461; Project Identifier MCAI-
2021-00156-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 29, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model AB139 and AW139 
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2400, Electrical 
Power System.

(e) Unsafe Condition

    This AD was prompted by a report of a short circuit caused by 
chafing of the electrical wiring in the overhead panel. The FAA is 
issuing this AD to address a short circuit caused by chafing of the 
electrical wiring in the overhead panel, which could cause damaged 
electrical wiring, possible fire in the overhead panel, and 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, European Union Aviation Safety Agency (EASA) AD 
2021-0044, dated February 5, 2021 (EASA AD 2021-0044).

(h) Exceptions to EASA AD 2021-0044

    (1) Where EASA AD 2021-0044 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0044 does not apply 
to this AD.
    (3) Where EASA AD 2021-0044 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (4) Where paragraphs (3) and (5) of EASA AD 2021-0044 refer to 
``any discrepancy,'' for this AD, discrepancies include chafing of 
the cable harnesses or incorrect clearance between the anchor nuts/
screws and the cable harnesses, incorrect length of the screws, 
inadequately bonded supports, and poor condition of the white 
protective tape.

(i) No Reporting Requirement

    Although EASA AD 2021-0044 and the service information 
referenced in EASA AD 2021-0044 specify to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the helicopter to a location where the 
helicopter can be modified (if the operator elects to do so), 
provided the flight is straight, level, and avoids areas of known 
turbulence.

(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#82bbafc3d4d1afc3cbd0afb5b1b2afc3cfcdc1c2e4e3e3ace5edf4"><span class="__cf_email__" data-cfemail="457c6804131668040c17687276756804080a06052324246b222a33">[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 2021-0044, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: 
<a href="/cdn-cgi/l/email-protection#6425201724010517054a0111160b14054a0111"><span class="__cf_email__" data-cfemail="ebaaaf98ab8e8a988ac58e9e99849b8ac58e9e">[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-2021-0461.
    (2) For more information about this AD, contact Jacob Fitch, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; phone: (817) 222-4130; email: 
<a href="/cdn-cgi/l/email-protection#b8d2d9dbd7da96ded1ccdbd0f8ded9d996dfd7ce"><span class="__cf_email__" data-cfemail="c7ada6a4a8a5e9a1aeb3a4af87a1a6a6e9a0a8b1">[email protected]</span></a>.

    Issued on June 7, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-12359 Filed 6-11-21; 8:45 am]
BILLING CODE 4910-13-P


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