[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Proposed Rules]
[Pages 59900-59903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23264]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0570; Project Identifier 2019-SW-091-AD]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM) 
that applied to certain Leonardo S.p.a. Model AW169 helicopters. This 
action revises the NPRM by requiring modification of certain pilot and 
co-pilot yaw pedal assemblies with an improved design and re-
identification of the affected parts, as specified in a European Union 
Aviation Safety Agency (EASA) airworthiness directive (AD), which is 
proposed for incorporation by reference (IBR). The FAA is proposing 
this AD to address the unsafe condition on these products. Since these 
actions would impose an additional burden over those in the NPRM, the 
agency is requesting comments on this SNPRM.

DATES: The comment period for the NPRM published in the Federal 
Register on July 28, 2021 (86 FR 40371), is reopened.
    The FAA must receive comments on this SNPRM by December 13, 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 [email protected]; internet www.easa.europa.eu. You 
may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view the EASA material at the

[[Page 59901]]

FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood 
Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on the 
availability of the EASA material at the FAA, call (817) 222-5110. The 
EASA material is also available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0570.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0570; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains the NPRM, this SNPRM, 
the EASA AD, any comments received, and other information. The street 
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Program Manager, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone (817) 222-5485; email [email protected].

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-2021-0570; Project Identifier 
2019-SW-091-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 
Kristi Bradley, Program Manager, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5485; 
email [email protected]. 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 FAA issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to certain Leonardo S.p.a. Model AW169 helicopters. The 
NPRM published in the Federal Register on July 28, 2021 (86 FR 40371). 
In the NPRM, the FAA proposed to require modification of the pilot and 
co-pilot yaw pedal assemblies. The NPRM was prompted by EASA AD 2019-
0252, dated October 10, 2019 (EASA AD 2019-0252), issued by EASA, which 
is the Technical Agent for the Member States of the European Union, to 
correct an unsafe condition for Leonardo S.p.a. (formerly Finmeccanica 
S.p.A and AgustaWestland S.p.A) Model AW169 helicopters, all serial 
numbers. EASA advised that there was a report of a broken adjustable 
device that is part of the pilot and co-pilot yaw pedal assemblies. 
This condition, if not addressed, could result in failure of a yaw 
pedal adjuster, which could result in reduced yaw control of the 
helicopter.
    Accordingly, EASA AD 2019-0252 required modification (rework) of 
the affected pilot and co-pilot assemblies and re-identification of 
each affected part after it has been modified. The modification 
included the installation of additional end stroke stops on the pilot 
and co-pilot pedal assemblies. EASA considered EASA AD 2019-0252 an 
interim action and stated that further EASA AD action may follow.

Actions Since the NPRM Was Issued

    Since the NPRM was issued, EASA issued AD 2021-0199, dated August 
27, 2021 (EASA AD 2021-0199), which supersedes EASA AD 2019-0252. EASA 
advises that three additional events have been reported where the 
universal joint of the adjusting mechanism on the yaw pedals failed. 
Prompted by these findings, Leonardo S.p.a. developed a new 
modification that introduces upgraded pilot and co-pilot pedal 
assemblies with an improved design, which removes the failure modes. 
Accordingly, EASA AD 2021-0199 requires modification (rework) of the 
affected pilot and co-pilot assemblies and re-identification of each 
affected part after it has been modified. The modification includes 
replacing the pedal main support assembly, adjuster screw assembly, 
knob assembly, and spring pin, and removing the additional end stroke 
stops that were installed on the pilot and co-pilot pedal assemblies 
using the modification specified in EASA AD 2019-0252. EASA AD 2021-
0199 also provides an option to replace an affected part with a non-
affected part instead of doing the modification.
    In addition, the FAA revised the applicability of this proposed AD 
from Leonardo S.p.a. Model AW169 helicopters with an affected part 
installed (as specified in the NPRM), to all Leonardo S.p.a. Model 
AW169 helicopters. This revised applicability matches EASA AD 2021-
0199.

Comments

    The FAA gave the public the opportunity to participate in 
developing this proposed AD. The FAA received no comments on the NPRM 
or on the determination of the cost.

FAA's Determination

    This helicopter has been approved by EASA and is 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 the same type design. Certain changes described 
above expand the scope of the NPRM. As a result, it is necessary to 
reopen the comment period to provide additional opportunity for the 
public to comment on this SNPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0199 requires modification of the affected pilot and 
co-pilot assemblies and re-identification of each affected part after 
it has been modified. EASA AD 2021-0199 also

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provides an option to replace an affected part with a non-affected part 
instead of doing the modification. EASA AD 2021-0199 also prohibits the 
installation of affected parts.
    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.

Proposed AD Requirements in This SNPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0199, 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 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 this process with manufacturers and CAAs. As a result, 
EASA AD 2021-0199 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with EASA 
AD 2021-0199 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 2021-0199 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 2021-
0199. Service information specified in EASA AD 2021-0199 that is 
required for compliance with it will be available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0570 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 10 helicopters of U.S. Registry. The FAA estimates the following 
costs to comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Modify and re-identify affected parts.  25 work-hours x $85 per               $0          $2,125         $21,250
                                         hour = $2,125.
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    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:

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-2021-0570; Project Identifier 2019-
SW-091-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 13, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model AW169 helicopters, 
certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6700, Rotorcraft 
Flight Control.

(e) Unsafe Condition

    This AD was prompted by a report of a broken adjustable device 
that is part of the pilot and co-pilot yaw pedal assemblies. The FAA 
is issuing this AD to address failure of a yaw pedal adjuster, which 
could result in reduced yaw 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

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accordance with, European Union Aviation Safety Agency (EASA) AD 
2021-0199, dated August 27, 2021 (EASA AD 2021-0199).

(h) Exceptions to EASA AD 2021-0199

    (1) Where EASA AD 2021-0199 refers to flight hours, this AD 
requires using hours time-in-service.
    (2) Where EASA AD 2021-0199 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where the service information referenced in EASA AD 2021-
0199 specifies discarding certain parts, this AD requires removing 
those parts from service.
    (4) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0199.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0199 
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: [email protected].
    (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 2021-0199, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; 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-2021-0570.
    (2) For more information about this AD, contact Kristi Bradley, 
Program Manager, COS Program Management Section, Operational Safety 
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5485; email 
[email protected].

    Issued on October 20, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-23264 Filed 10-28-21; 8:45 am]
BILLING CODE 4910-13-P