[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Rules and Regulations]
[Pages 47429-47431]
[FR Doc No: 2019-19531]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0734]
RIN 1625-AA00

Safety Zone; Kanawha River, Charleston, WV

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on the Kanawha River from mile marker (MM) 60.8 to MM
61.3. The safety zone is needed to protect personnel, vessels, and the
marine environment from hazards created by repair work on several large
power lines crossing the river. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Sector Ohio Valley or a designated representative.

DATES: This rule is effective from September 23, 2019 through October
18, 2019. This rule will be enforced from 9 a.m. through 3 p.m. on
Mondays through Saturdays, and from 7 a.m. through 11 p.m. on Sundays
from September 23, 2019 through October 18, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0734 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST3 Wesley Cornelius, MSU Huntington, U.S. Coast Guard;
304-733-0198<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. It is
impracticable to publish a NPRM because we must establish the safety
zone by September 23, 2019 and lack sufficient time to request comments
and respond to those comments before the zone must be established.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with the power line crossing on the Kanawha River between mile marker
(MM) 60.8 and MM 61.3.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The

Captain of the Port Sector Ohio Valley (COTP) has determined that
potential hazards associated with the power line crossing on September
23 through October 18, 2019, will be a safety concern for anyone on the
Kanawha River from mile marker (MM) 60.8 to MM 61.3. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while the power line are being
replaced.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 a.m. through 3 p.m. on
Mondays through Saturdays, and from 7 a.m. through 11 p.m. on Sundays
from September 23, 2019 through October 18, 2019. The safety zone
covers all navigable waters from MM 60.8 to MM 61.3 on the Kanawha
River. The duration of the zone is intended to protect personnel,
vessels, and the marine environment in these navigable waters for the
duration of the power line crossing is being repaired. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. Persons and
vessels permitted to enter the safety zone must transit at the slowest
safe speed and comply with all lawful directions issued by the COTP or
a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size and
location of the safety zone. This rule involves a safety zone lasting
for less than a month and covering the limited area of less than two
miles. In addition, vessel traffic will be able to reach out to the
safety boat on scene to coordinate safe passage through the safety zone
which will impact one-half mile stretch of the Kanawha River. The Coast
Guard will publish a Local Notice to Mariners (LNMs), and issue a
Broadcast Notice to Mariners (BNMs) via VHF-FM marine channel 16 about
the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting from September
23, 2019 through October 18, 2019 that will limit access of the Kanawha
River from MM 60.8 to MM 61.3. It is categorically excluded from
further review under

paragraph L60(d) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (waters), Reporting and
recordkeeping requirements, security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0734 to read as follows:

Sec.  165.T08-0734  Safety Zone; Kanawha River, Charleston, WV.

    (a) Location. The following area is a safety zone: all navigable
waters of the Kanawha River from Mile Marker (MM) 60.8 to MM 61.3 near
Charleston, WV.
    (b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the Captain of the
Port Sector Ohio Valley (COTP) or a designated representative. Persons
or vessels desiring to enter into or pass through the zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM radio channel 16 or phone at 1-800-253-7465.
    (2) Persons and vessels permitted to enter the safety zone must
transit at the slowest safe speed and comply with all lawful directions
issued by the COTP or a designated representative.
    (c) Effective period. This section is effective from September 23,
2019 through October 18, 2019.
    (d) Enforcement periods. This section will be enforced from 9 a.m.
through 3 p.m. on Monday through Saturday, and from 7 a.m. through 11
a.m. on Sundays, from September 23, 2019 through October 18, 2019.
    (e) Informational broadcasts. The COTP or a designated
representative will inform the public through Local Notice to Mariners
and Broadcast Notices to Mariners of the enforcement periods for the
safety zone, as well as any changes in the dates and times of
enforcement.

    Dated: September 3, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-19531 Filed 9-9-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Proposed Rules]
[Pages 42754-42758]
[FR Doc No: 2021-16468]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0612; Project Identifier MCAI-2021-00650-R]
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 issue a new AD to supersede emergency
Airworthiness Directive (AD) 2018-23-52, which applies to all Leonardo
S.p.a. Model AW169 and AW189 helicopters. AD 2018-23-52 requires
inspecting the nut, cotter pin, lock-wire, and hinge bracket connected
to the tail rotor servo-actuator (TRA) feedback lever link, and each
connection of the TRA feedback lever link, and repair if necessary. AD
2018-23-52 also requires applying a paint stripe or torque seal on the
nut and reporting certain information. Since the FAA issued AD 2018-23-
52, the FAA has determined certain inspections and checks of the tail
rotor duplex bearings (TR DB), installation of an improved TRA and TR
DB, certain other actions, and applicable corrective actions are
necessary to address the unsafe condition. This proposed AD would
require repetitive inspections of the TRA, repetitive inspections and
checks of the TR DB, installation of an improved TRA and TR DB,
repetitive installations and checks of thermal strips, replacement of
improved TR DB (life limit), and applicable corrective actions, 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 September
20, 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:<PHONE_NUMBER>.
     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 that is proposed for IBR in this AD, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email<EMAIL_ADDRESS>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<PHONE_NUMBER>. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2021-0612.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0612; 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: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
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-2021-0612; Project Identifier
MCAI-2021-00650-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 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
Andrea Jimenez, Aerospace Engineer, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email<EMAIL_ADDRESS>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 Emergency AD 2018-23-52, Product Identifier 2018-SW-

093-AD, dated November 8, 2018 (Emergency AD 2018-23-52), which applies
to all Leonardo S.p.a. Model AW169 and AW189 helicopters. Emergency AD
2018-23-52 requires inspecting the nut, cotter pin, lock-wire, and
hinge bracket connected to the TRA feedback lever link, and each
connection of the TRA feedback lever link, and repair if necessary.
Emergency AD 2018-23-52 also requires applying a paint stripe or torque
seal on the nut and reporting certain information. The FAA issued
Emergency AD 2018-23-52 to address failure of the TRA feedback lever.
This condition could result in loss of tail rotor (TR) control and
subsequent loss of control of the helicopter.

Actions Since AD 2018-23-52 Was Issued

    Since the FAA issued Emergency AD 2018-23-52, the agency determined
certain inspections and checks of the TR DB, installation of an
improved TRA and an improved TR DB, certain other actions, and
applicable corrective actions are necessary to address the unsafe
condition.
    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0197, dated September 10, 2020
(EASA AD 2020-0197), to correct an unsafe condition for all Leonardo
S.p.A. (formerly Finmeccanica S.p.A., AgustaWestland S.p.A.) Model
AW169 and AW189 helicopters.
    This proposed AD was prompted by a report of an accident of a Model
AW169 helicopter, which was observed to have lost yaw control prior to
the accident and a determination that additional actions are necessary
to address the unsafe condition identified in Emergency AD 2018-23-52.
The FAA is proposing this AD to address failure of the TRA feedback
lever. This condition could result in loss of TR control and subsequent
loss of control of the helicopter. See EASA AD 2020-0197 for additional
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0197 requires the following actions:

--Repetitive inspections of the slippage marking of the castellated nut
installed on the back-end of the affected TRA.
--Repetitive inspections of the roughness and breakaway force of the
affected TR DB.
--Repetitive installations of a thermal strip on the spacer next to the
TR DB.
--Repetitive checks of the condition of the thermal strip and the
indicated temperature.
--Repetitive inspections/checks for particles and additional roughness
of the TR DB.
--Installation of an improved TRA.
--Installation of an improved TR DB.
--Repetitive replacements of the improved TR DB (life limit).
--An inspection of an affected TR DB if the thermal strip is detached,
partially detached or unreadable.
--Reporting information to the manufacturer.
--Sending parts to the manufacturer.
--Applicable corrective actions.

    Corrective actions include accomplishing instructions to address
the following findings: Evidence of rotation of an affected TRA nut;
thermal strip temperatures that exceed specified values; and any
discrepancies found during the inspection of an affected TR DB.
Discrepancies include roughness (meaning lack of free and easy
rotation), measured breakaway force(s) outside the allowed range, any
wear or other damage (including, but not limited to, broken seals), and
the presence of particles.
    EASA AD 2020-0197 also prohibits (re)installation of an affected
TRA and an affected TR DB on a helicopter. EASA AD 2020-0197 also
specifies, for certain helicopters, terminating action for the
repetitive inspections of the slippage marking of the castellated nut.
    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 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
EASA AD 2020-0197, 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 EASA AD 2020-0197.''

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 2020-0197 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2020-0197 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 2020-0197 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 2020-
0197. Service information required by EASA AD 2020-0197 for compliance
will be available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0612 after the FAA final rule is
published.

Differences Between This Proposed AD and EASA AD 2020-0197

    EASA AD 2020-0197 requires sending parts to the manufacturer. This
proposed AD would not require that action.
    EASA AD 2020-0197 specifies the earlier revisions of Leonardo
S.p.A. Emergency Alert Service Bulletin (EASB) 169-148, Revision D,
dated August 4, 2020; and Leonardo S.p.A. EASB 189-237, Revision D,
dated August 4, 2020; are acceptable for compliance for certain
actions. This proposed AD would not allow credit for the earlier
revisions.
    Where Note 1 of EASA AD 2020-0197 allows a non-cumulative tolerance
of 10 percent to be applied to the compliance times for the actions to
allow for synchronization of the required actions with other
maintenance tasks, this proposed AD would not allow that tolerance.

Interim Action

    The FAA considers this proposed AD to be an interim action and
further AD action might follow.

Costs of Compliance

    The FAA estimates that this proposed AD affects 10 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
----------------------------------------------------------------------------------------------------------------
Inspections and checks..........  Up to 9 work-hours  $0................  Up to $765, per     Up to $7,650, per
                                   x $85 per hour =                        inspection/check    inspection/check
                                   $765, per                               cycle.              cycle.
                                   inspection/check
                                   cycle.
Thermal strip installation......  1 work-hour x $85   $4................  $89, per            $890, per
                                   per hour = $85,                         installation        installation
                                   per installation                        cycle.              cycle.
                                   cycle.
Installation of improved TRA and  Up to 18 work-      Up to $39,000.....  Up to $40,530.....  Up to $405,300.
 TR DB.                            hours x $85 per
                                   hour = $1,530.
Replacement of improved TR DB...  10 work-hours x     $1,500............  $2,350, per         $23,500, per
                                   $85 per hour =                          replacement cycle.  replacement
                                   $850, per                                                   cycle.
                                   replacement cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates that it would take about 1 hour per product to
comply with the proposed on-condition reporting requirement in this
proposed AD. The average labor rate is $85 per hour. Based on these
figures, the FAA estimates the cost of reporting the inspection and
check results on U.S. operators to be $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition inspections and thermal strip installations 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 Inspections and Installations
------------------------------------------------------------------------
                                                              Cost per
                 Labor cost                    Parts cost      product
------------------------------------------------------------------------
4 work-hours x $85 per hour = $340..........           $0          $340
------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the
agency to provide cost estimates for the other on-condition actions
specified in this proposed AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

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-2021-0612; Project Identifier MCAI-
2021-00650-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by September 20, 2021.

(b) Affected ADs

    This AD replaces Emergency AD 2018-23-52, Product Identifier
2018-SW-093-AD, dated November 8, 2018 (Emergency AD 2018-23-52).

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model AW169 and AW189
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code 6400, Tail Rotor
System.

 (e) Unsafe Condition

    This AD was prompted by a report of an accident of a Model AW169
helicopter, which was observed to have lost yaw control prior to the
accident. The FAA is issuing this AD to address failure of the tail
rotor servo-actuator (TRA) feedback lever. This condition could
result in loss of tail rotor control 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, European Union Aviation Safety Agency (EASA) AD
2020-0197, dated September 10, 2020 (EASA AD 2020-0197).

(h) Exceptions to EASA AD 2020-0197

    (1) Where EASA AD 2020-0197 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
    (2) This AD does not allow the compliance time tolerance
specified in Note 1 of EASA AD 2020-0197.
    (3) The initial compliance time for the inspection specified in
paragraph (1) of EASA AD 2020-0197 is within the compliance time
specified in paragraph (1) of EASA AD 2020-0197, except for Group 1
helicopters on which the inspection identified in paragraph (1) of
EASA AD 2020-0197 has not been done, the initial inspection is
within 10 hours time-in-service after the effective date of this AD.
    (4) The initial compliance time for the inspection specified in
paragraph (2) of EASA AD 2020-0197 is within the compliance time
specified in paragraph (2) of EASA AD 2020-0197, except for Group 1
and 2 helicopters on which the inspection identified in paragraph
(2) of EASA AD 2020-0197 has not been done, the initial compliance
time is within 50 hours time-in-service after the effective date of
this AD.
    (5) The initial compliance time for the installation specified
in paragraph (3) of EASA AD 2020-0197 is within the compliance time
specified in paragraph (3) of EASA AD 2020-0197, except for Group 1
and 2 helicopters on which the installation identified in paragraph
(3) of EASA AD 2020-0197 has not been done, the initial compliance
time is within 20 hours time-in-service after the effective date of
this AD.
    (6) The initial compliance time for the check (inspection)
specified in paragraph (4) of EASA AD 2020-0197 is within the
compliance time specified in paragraph (4) of EASA AD 2020-0197,
except for Group 1 and 2 helicopters on which the check (inspection)
identified in paragraph (4) of EASA AD 2020-0197 has not been done,
the initial compliance time is within 10 hours time-in-service after
the effective date of this AD.
    (7) The initial compliance time for the inspection/check
specified in paragraph (5) of EASA AD 2020-0197 is within the
compliance time specified in paragraph (5) of EASA AD 2020-0197
except for Group 1 and 2 helicopters on which the inspection
identified in paragraph (5) of EASA AD 2020-0197 has not been done,
the initial compliance time is within 10 hours time-in-service after
the effective date of this AD.
    (8) Where paragraphs (6), (8), (9), and (11) of EASA AD 2020-
0197 specify contacting Leonardo for corrective action instructions,
the corrective action instructions must be accomplished in
accordance with FAA-approved procedures.
    (9) Where paragraphs (9) and (10) of EASA AD 2020-0197 use the
term ``discrepancy,'' for this AD, discrepancies include roughness
(meaning lack of free and easy rotation), measured breakaway
force(s) outside the allowed range specified in the service
information identified in paragraphs (2) and (7) of EASA AD 2020-
0197, any wear or other damage (including, but not limited to,
broken seals), and the presence of particles.
    (10) Where paragraph (12) of EASA AD 2020-0197 requires
reporting results to the manufacturer ``as required by paragraphs
(12.1) and (12.2) of this [EASA] AD'', for this AD, only report the
inspection and check results specified in paragraph (12.1) of EASA
AD 2020-0197. Submit the report at the applicable time in paragraph
(h)(10)(i) or (ii) of this AD.
    (i) If the inspection or check was done on or after the
effective date of this AD: Submit the report within 2 days after the
inspection or check.
    (ii) If the inspection or check was done before the effective
date of this AD: Submit the report within 2 days after the effective
date of this AD.
    (11) Where paragraph (13) of EASA AD 2020-0197, and the service
information specified in EASA AD 2020-0197, specify returning parts
and grease containers to the manufacturer, this AD does not include
those requirements.
    (12) Where EASA AD 2020-0197 requires compliance from March 20,
2020 (the effective date of EASA AD 2020-0048, dated March 6, 2020),
this AD requires using the effective date of this AD.
    (13) Where EASA AD 2020-0197 requires compliance from its
effective date, this AD requires using the effective date of this
AD.
    (14) This AD does not allow credit for the actions specified in
EASA AD 2020-0197 if those actions were done using the service
information specified in paragraphs (h)(14)(i) through (ix) of this
AD:
    (i) Leonardo S.p.A. Emergency Alert Service Bulletin (EASB) 169-
148, dated May 29, 2019;
    (ii) Leonardo S.p.A. EASB 169-148, Revision A, dated September
5, 2019;
    (iii) Leonardo S.p.A. EASB 169-148, Revision B, dated February
4, 2020;
    (iv) Leonardo S.p.A. EASB 169-148, Revision C, dated April 6,
2020;
    (v) Leonardo S.p.A. EASB 189-237, dated May 29, 2019;
    (vi) Leonardo S.p.A. EASB 189-237, Revision A, dated September
5, 2019;
    (vii) Leonardo S.p.A. EASB 189-237, Revision B, dated February
4, 2020;
    (viii) Leonardo S.p.A. EASB 189-237, Revision B, dated February
4, 2020, with Errata Corrige;
    (ix) Leonardo S.p.A. EASB 189-237, Revision C, dated April 6,
2020.
    (15) This AD does not require the ``Remarks'' section of EASA AD
2020-0197.

(i) 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 (j)(2) of
this AD. Information may be emailed to<EMAIL_ADDRESS>    (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.

(j) Related Information

    (1) For EASA AD 2020-0197, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>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-2021-0612.
    (2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email<EMAIL_ADDRESS>

    Issued on July 27, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-16468 Filed 8-4-21; 8:45 am]
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