This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

31905 

Vol. 86, No. 114 

Wednesday, June 16, 2021 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0446; Project 

Identifier 2018–SW–029–AD; Amendment 

39–21590; AD 2021–12–03] 

RIN 2120–AA64 

Airworthiness Directives; Leonardo 

S.p.a. 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Leonardo S.p.a. Model AW189 

helicopters. This AD was prompted by 

a report of the bubble window departing 

from the helicopter during flight. This 

AD requires installation of a new 

improved bubble window kit, as 

specified in a European Aviation Safety 

Agency (now the European Union 

Aviation Safety Agency) (EASA) AD, 

which is incorporated by reference. The 

FAA is issuing this AD to address the 

unsafe condition on these products. 

DATES: This AD becomes effective July 

1, 2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of July 1, 2021. 

The FAA must receive comments on 

this AD by August 2, 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 incorporated by reference 

(IBR) in this AD, contact the 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 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. 

It is also available in the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0446. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0446; 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 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: 

Andrea Jimenez, Aerospace Engineer, 

COS Program Management Section, 

Operational Safety Branch, Compliance 

& Airworthiness Division, FAA, 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590; phone: 516–228–7330; fax: 

516–794–5531; email: 9-avs-nyaco-cos@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The EASA, which is the Technical 

Agent for the Member States of the 

European Union, has issued EASA AD 

2018–0082, dated April 11, 2018 (EASA 

AD 2018–0082) (also referred to as the 

Mandatory Continuing Airworthiness 

Information, or the MCAI), to correct an 

unsafe condition for Leonardo S.p.a. 

Model AW189 helicopters, if equipped 

with bubble windows kit part number 

8G5620F00111. 

This AD was prompted by a report of 

a bubble window departing from the 

helicopter during flight. The FAA is 

issuing this AD to address degradation 

of the installation of the bubble 

windows, which could cause loss of a 

bubble window during flight, possibly 

resulting in damage to the helicopter 

and injury to persons on the ground. See 

the MCAI for additional background 

information. 

Related IBR Material Under 1 CFR Part 

51 

EASA AD 2018–0082 specifies 

procedures for, among other actions, 

modifying the left-hand and right-hand 

bubble windows with an improved 

bubble window kit. 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 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with the State 

of Design Authority, the FAA has been 

notified of the unsafe condition 

described in the MCAI referenced 

above. The FAA is issuing this AD after 

evaluating all pertinent information and 

determining that the unsafe condition 

exists and is likely to exist or develop 

on other products of the same type 

design. 

Requirements of This AD 

This AD requires accomplishing the 

actions specified in EASA AD 2018– 

0082, described previously, as 

incorporated by reference, except for 

any differences identified as exceptions 

in the regulatory text of this AD and 

except as discussed under ‘‘Differences 

Between this AD and the MCAI.’’ 

Explanation of Required Compliance 

Information 

In the FAA’s ongoing efforts to 

improve the efficiency of the AD 

process, the FAA initially worked with 

Airbus and EASA to develop a process 

to use certain EASA ADs as the primary 

source of information for compliance 

with requirements for corresponding 

FAA ADs. The FAA has since 

coordinated with other manufacturers 

and civil aviation authorities (CAAs) to 


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31906 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 

use this process. As a result, EASA AD 

2018–0082 is incorporated by reference 

in this final rule. This AD, therefore, 

requires compliance with EASA AD 

2018–0082 in its entirety, through that 

incorporation, except for any differences 

identified as exceptions in the 

regulatory text of this 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 2018–0082 that is required for 

compliance with EASA AD 2018–0082 

is available on the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0446. 

Differences Between This AD and the 

MCAI 

The requirements specified in 

paragraphs (1), (2), (3) and (5) of EASA 

AD 2018–0082 do not apply to this AD. 

FAA’s Justification and Determination 

of the Effective Date 

Section 553(b)(3)(B) of the 

Administrative Procedure Act (5 U.S.C.) 

authorizes agencies to dispense with 

notice and comment procedures for 

rules when the agency, for ‘‘good cause’’ 

finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under this 

section, an agency, upon finding good 

cause, may issue a final rule without 

seeking comment prior to the 

rulemaking. 

There are currently no domestic 

operators of these products. Therefore, 

the FAA finds that notice and 

opportunity for prior public comment 

are unnecessary and that good cause 

exists pursuant to 5 U.S.C. 553(d) for 

making this amendment effective in less 

than 30 days. 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA– 

2021–0446; Project Identifier 2018–SW– 

029–AD’’ at the beginning of your 

comments. The most helpful comments 

reference a specific portion of the AD, 

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 AD 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 AD. 

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 AD 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 AD, 

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 AD. Submissions containing CBI 

should be sent to Andrea Jimenez, 

Aerospace Engineer, Airframe and 

Propulsion Section, FAA, New York 

ACO Branch, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; phone: 

516–228–7330; fax: 516–794–5531; 

email: 9-avs-nyaco-cos@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. 

Regulatory Flexibility Act (RFA) 

The requirements of the RFA do not 

apply when an agency finds good cause 

pursuant to 5 U.S.C. 553 to adopt a rule 

without prior notice and comment. 

Because the FAA has determined that it 

has good cause to adopt this rule 

without notice and comment, RFA 

analysis is not required. 

Costs of Compliance 

Currently, there are no affected U.S.- 

registered helicopters. If an affected 

helicopter is imported and placed on 

the U.S. Register in the future, the FAA 

provides the following cost estimates to 

comply with this AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product 

32 work-hours × $85 per hour = $2,720 ................................................................................................................. $2,000 $4,720 

According to the manufacturer, some 

or all of the costs of this AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

individuals. The FAA does not control 

warranty coverage for affected 

individuals. As a result, the FAA has 

included all known costs in the cost 

estimate. 

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 AD 

would not have federalism implications 

under Executive Order 13132. This 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 regulation: 


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Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations 31907 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

and 

(2) Will not affect intrastate aviation 

in Alaska. 

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 adding 

the following new airworthiness 

directive: 

2021–12–03 Leonardo S.p.a.: Amendment 

39–21590; Docket No. FAA–2021–0446; 

Project Identifier 2018–SW–029–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective July 1, 2021. 

(b) Affected ADs 

None. 

(c) Applicability 

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

AW189 helicopters, certificated in any 

category, equipped with bubble windows kit 

Part Number (P/N) 8G5620F00111, as 

identified in European Aviation Safety 

Agency (now European Union Aviation 

Safety Agency) (EASA) AD 2018–0082, dated 

April 11, 2018 (EASA AD 2018–0082). 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 5600, Window/Windshield System. 

(e) Unsafe Condition 

This AD was prompted by a report of a 

bubble window departing from the helicopter 

during flight. The FAA is issuing this AD to 

address degradation of the installation of the 

bubble windows, which could cause loss of 

a bubble window during flight, possibly 

resulting in damage to the helicopter and 

injury to persons on the ground. 

(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 2018–0082. 

(h) Exceptions to EASA AD 2018–0082 

(1) Where EASA AD 2018–0082 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) The ‘‘Remarks’’ section of EASA AD 

2018–0082 does not apply to this AD. 

(3) Where the service information 

referenced in EASA AD 2018–0082 specifies 

to discard certain parts, this AD requires 

removing those parts from service. 

(4) Where EASA AD 2018–0082 refers to 

flight hours (FH), this AD requires using 

hours time-in-service. 

(5) The requirements specified in 

paragraphs (1), (2), (3) and (5) of EASA AD 

2018–0082 do not apply to this AD. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2018–0082 specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) 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 (k) 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. 

(k) Related Information 

For more information about this AD, 

contact Andrea Jimenez, Aerospace Engineer, 

COS Program Management Section, 

Operational Safety Branch, Compliance & 

Airworthiness Division, FAA, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 11590; 

phone: 516–228–7330; fax: 516–794–5531; 

email: 9-avs-nyaco-cos@faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) 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 this AD specifies otherwise. 

(i) European Aviation Safety Agency 

(EASA) AD 2018–0082, dated April 11, 2018. 

(ii) [Reserved] 

(3) For EASA AD 2018–0082, contact the 

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 this 

EASA AD on the EASA website at https://

ad.easa.europa.eu. 

(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. This 

material may be found in the AD docket on 

the internet at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–0446. 

(5) You may view this material 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 June 9, 2021. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–12516 Filed 6–15–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–0208; Airspace 

Docket No. 21–ANM–5] 

RIN 2120–AA66 

Modification of Class E Airspace; 

Missoula, MT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies the Class 

E airspace extending upward from 1,200 

feet above the surface at Missoula 

International Airport, Missoula, MT. 

DATES: Effective 0901 UTC, August 12, 

2021. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.11 and publication of 

conforming amendments. 

ADDRESSES: FAA Order 7400.11E, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at https://

www.faa.gov//air_traffic/publications/. 

For further information, you can contact 

the Airspace Policy Group, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

The Order is also available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of FAA 

Order 7400.11E at NARA, email 

fedreg.legal@nara.gov or go to https://

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 


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