[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Rules and Regulations]
[Pages 30158-30162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11806]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0378; Project Identifier 2017-SW-122-AD; Amendment 
39-21576; AD 2021-11-14]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Leonardo S.p.a. Model AW169 helicopters. This AD was prompted 
by reports of failed nose landing gear (NLG) retraction actuators 
during the acceptance test procedures on the ground on the final 
assembly line. This AD requires depending on the helicopter 
configuration, various modifications, installation checks, inspections 
of the NLG and main landing gear (MLG) retraction actuators and of the 
plungers of the NLG and MLG up down lock actuators, and corrective 
actions if necessary. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD becomes effective June 22, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of June 22, 2021.
    The FAA must receive comments on this AD by July 22, 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

[[Page 30159]]

p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact 
Leonardo S.p.A. Helicopters, Emanuele Bufano, Head of Airworthiness, 
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone 
+39-0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home. 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. It 
is also available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0378.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0378; 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 final rule, the 
European Aviation Safety Agency (now European Union Aviation Safety 
Agency) (EASA) AD, any comments received, and other information. The 
street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Anthony Kenward, Aerospace Engineer, 
AIR-7F1, Fort Worth ACO Branch, FAA, 10101 Hillwood Parkway, Fort 
Worth, TX 78101; telephone (817) 222-5152; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2017-0164, dated September 4, 2017 
(EASA AD 2017-0164), to correct an unsafe condition for certain 
Leonardo S.p.a. Model AW169 helicopters. The EASA advises that there 
were reports of failed NLG retraction actuators during the acceptance 
test procedures on the ground on the final assembly line. The EASA 
stated the NLG got stuck at approximately a 45[deg] angle (half of the 
full stroke) regardless of the selected extension mode (normal or 
emergency). Investigation revealed that excessive friction inside the 
NLG retraction actuator caused internal damage, resulting in mechanical 
jam of the actuator rotary shaft. The EASA advised that due to 
similarity of design, the same failure mode can affect the MLG 
retraction actuators. This condition, if not addressed, could result in 
a partially locked or unlocked NLG or MLG upon landing, possibly 
resulting in damage to the helicopter and injury to the occupants.
    Accordingly, the EASA AD requires, depending on the helicopter 
configuration, various modifications, installation checks, inspections 
of the plungers of the NLG and MLG up down lock actuators, and 
corrective actions if necessary.

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.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Leonardo Helicopters Alert Service Bulletin 169-
023, Revision B, dated April 16, 2018 (ASB 169-023, Revision B). This 
service information specifies procedures for, depending on the 
helicopter configuration, various modifications, installation checks 
(which include measurements), inspections of the plungers of the NLG 
and MLG up down lock actuators, and corrective actions if necessary. 
The modifications include replacing the actuators, installing enhanced 
landing gear retracting actuators, modifying the landing gear actuator 
control box, improving the landing gear proximity switch, and doing 
checks and measurements. Corrective actions include replacing the NLG 
and MLG lock support buffer, reinstalling the NLG and MLG retracting 
electrical actuator, shimming gaps, adjusting the position of the NLG 
retracting lever, applying lubricant, installing a pin, replacing 
washers, and reinstalling the NLG assembly.
    This service information 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.

AD Requirements

    This AD requires accomplishing the actions specified in the service 
information already described, except as discussed under ``Differences 
Between this AD and the MCAI.''

Differences Between This AD and the MCAI

    EASA AD 2017-0164 requires modifications and installation checks 
within 200 hours time-in-service (TIS) or 6 months, whichever occurs 
first; this AD requires those actions within 200 hours TIS.
    EASA AD 2017-0164 requires, for certain helicopters, an inspection 
of the plungers of the NLG and MLG up down lock actuators within 50 
hours TIS or 30 days, whichever occurs first; this AD requires that 
action within 30 days.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) 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 providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    There is one helicopter with this type certificate on the U.S. 
Register. The FAA has confirmed that the identified unsafe condition 
has been addressed on that helicopter. Accordingly, notice and 
opportunity for prior public comment are unnecessary, pursuant to 5 
U.S.C. 553(b)(3)(B).
    In addition, for the foregoing reason(s), the FAA finds 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 data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0378; Project Identifier 2017-
SW-122-AD'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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

[[Page 30160]]

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 final 
rule.

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 Anthony 
Kenward, Aerospace Engineer, AIR-7F1, Fort Worth ACO Branch, FAA, 10101 
Hillwood Parkway, Fort Worth, TX 78101; telephone (817) 222-5152; email 
[email protected]. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (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 prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    Currently, there are no affected U.S.-registered helicopters. As 
stated previously, there is one helicopter on the U.S. Register; 
however, the required actions have already been accomplished on that 
helicopter. 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
------------------------------------------------------------------------
                                                             Cost per
               Labor cost                   Parts cost        product
------------------------------------------------------------------------
Up to 147 work-hours x $85 per hour =                (*)         $12,495
 $12,495................................
------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency
  to provide cost estimates for the parts cost of the required actions
  specified in this AD.

    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
           Labor cost                   Parts cost            product
------------------------------------------------------------------------
8 work-hours x $85 per hour =     Negligible............            $680
 $680.
------------------------------------------------------------------------

    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 operators. The FAA does not control warranty coverage for 
affected operators. 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

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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, I certify that this AD:
    (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.

Adoption of 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

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:

2021-11-14 Leonardo S.p.a.: Amendment 39-21576; Docket No. FAA-2021-
0378; Project Identifier 2017-SW-122-AD.

[[Page 30161]]

(a) Effective Date

    This airworthiness directive (AD) is effective June 22, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AW169 helicopters, 
certificated in any category, identified in paragraphs (c)(1) and 
(2) of this AD.
    (1) Helicopters having serial number 69007, 69009, 69011, 69013, 
69014, 69015, 69017, 69018, 69020, 69021, 69022, 69023, 69024, 
69025, 69027, 69028, 69031, 69032, 69041, 69042, 69043, 69044, 69049 
and 69051.
    (2) All helicopters equipped with retractable landing gear (LG) 
system part number (P/N) 6F3200F00311 or P/N 6F3200F00411.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 3233, Landing Gear 
Actuator.

(e) Unsafe Condition

    This AD was prompted by reports of failed nose landing gear 
(NLG) retraction actuators during the acceptance test procedures on 
the ground on the final assembly line. The FAA is issuing this AD to 
address failed NLG and main landing gear (MLG) retraction actuators. 
The unsafe condition, if not addressed, could result in a partially 
locked or unlocked NLG or MLG upon landing, possibly resulting in 
damage to the helicopter and injury to the occupants.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Modifications

    Within 200 hours time-in-service (TIS) after the effective date 
of this AD, do the applicable actions specified in paragraphs (g)(1) 
through (5) of this AD, in accordance with the applicable part of 
the Accomplishment Instructions of Leonardo Helicopters Alert 
Service Bulletin 169-023, Revision B, dated April 16, 2018 (ASB 169-
023, Revision B), except as required by paragraph (k) of this AD.
    (1) For helicopters having S/N 69011 and S/N 69017 that are not 
equipped with retractable LG system P/N 6F3200F00411 (enhanced NLG 
retracting actuator P/N 6F3230V00532 and enhanced MLG retracting 
actuators P/N 6F3230V00832 and P/N 6F3230V01032): Modify the 
helicopter (which includes replacing the actuators and doing checks 
and measurements), as specified in Part I of ASB 169-023, Revision 
B.
    (2) For helicopters having S/N 69007, S/N 69015, S/N 69018, and 
S/N 69022 that are not equipped with retractable LG system P/N 
6F3200F00411 (enhanced NLG retracting actuator P/N 6F3230V00532 and 
enhanced MLG retracting actuators P/N 6F3230V00832 and P/N 
6F3230V01032): Modify the helicopter (which includes installing 
enhanced landing gear retracting actuators and doing checks and 
measurements), as specified in Part II of ASB 169-023, Revision B.
    (3) For helicopters having S/N 69032, S/N 69041, and S/N 69051 
that are not equipped with retractable LG system P/N 6F3200F00411 
(enhanced NLG retracting actuator P/N 6F3230V00532 and enhanced MLG 
retracting actuators P/N F3230V00832 and P/N 6F3230V01032): Modify 
the helicopter (which includes installing enhanced landing gear 
retracting actuators and doing checks and measurements), as 
specified in Part III of ASB 169-023, Revision B.
    (4) For helicopters having S/N 69007, S/N 69009, S/N 69011, S/N 
69013, S/N 69014, S/N 69015, S/N 69017, S/N 69018, S/N 69020, S/N 
69021, S/N 69022, S/N 69023, S/N 69024, S/N 69027, S/N 69032, S/N 
69041, and S/N 69051: Modify the helicopter (which includes 
modifying the landing gear actuator control box), as specified in 
Part IV of ASB 169-023, Revision B.
    (5) For helicopters having S/N 69007, S/N 69009, S/N 69011, S/N 
69013, S/N 69014, S/N 69015, S/N 69017, S/N 69018, S/N 69020, S/N 
69021, S/N 69022, S/N 69023, S/N 69024, S/N 69025, S/N 69027, S/N 
69028, S/N 69031, S/N 69032, S/N 69041, S/N 69042, S/N 69043, S/N 
69044, and S/N 69051: Modify the helicopter (which includes 
improving the landing gear proximity switch and doing checks and 
measurements), as specified in Part V of ASB 169-023, Revision B.

(h) Installation Checks

    For helicopters having S/N 69009, S/N 69013, S/N 69014, S/N 
69020, S/N 69021, S/N 69023, S/N 69024, S/N 69025, S/N 69027, S/N 
69028, S/N 69031, S/N 69042, S/N 69043, S/N 69044, and S/N 69049 
that are equipped with both retractable LG system P/N 6F3200F00311 
and P/N 6F3200F00411: Within 200 hours TIS after the effective date 
of this AD, accomplish installation checks (which include 
measurements), in accordance with Part VI of the Accomplishment 
Instructions of ASB 169-023, Revision B, except as required by 
paragraph (k) of this AD.

(i) NLG and MLG Up Down Lock Actuator Inspection

    For helicopters equipped with retractable LG system P/N 
6F3200F00311 or P/N 6F3200F00411: At the time specified in paragraph 
(i)(1) or (2) of this AD, whichever occurs first, inspect the 
plungers of the NLG and MLG up down lock actuators, in accordance 
with Part VII of the Accomplishment Instructions of ASB 169-023, 
Revision B, except as required by paragraph (k) of this AD.
    (1) Within 30 days after the effective date of this AD.
    (2) Concurrently with the modifications required by paragraphs 
(g)(1), (2), and (3) of this AD, as applicable.

(j) Corrective Actions

    (1) If, during any modification required by paragraph (g)(1), 
(2), (3), or (5) of this AD, or during any installation check 
required by paragraph (h) of this AD, any discrepancy is detected, 
before further flight, accomplish the applicable corrective actions, 
in accordance with the Accomplishment Instructions of ASB 169-023, 
Revision B, except as required by paragraph (k) of this AD. For this 
AD, discrepancies include gaps between parts that are not within 
tolerances, improperly aligned rotational axis of certain parts, 
non-parallel lever for certain parts, a certain pin is not installed 
on the MLGs, and incorrect thickness of certain washers.
    (2) If, during any inspection required by paragraph (i) of this 
AD, corrosion is detected, before further flight, accomplish the 
applicable corrective action and apply corrosion inhibitor on the 
plungers of the NLG and MLG up down lock actuators, in accordance 
with Part VII of the Accomplishment Instructions of ASB 169-023, 
Revision B, except as required by paragraph (k) of this AD.
    (3) If, during any inspection required by paragraph (i) of this 
AD, no corrosion is detected, before further flight, apply corrosion 
inhibitor on the plungers of the NLG and MLG up down lock actuators, 
in accordance with Part VII of the Accomplishment Instructions of 
ASB 169-023, Revision B, except as required by paragraph (k) of this 
AD.

(k) Service Information Exceptions

    (1) Where ASB 169-023, Revision B, specifies to discard certain 
parts, this AD requires removing those parts from service.
    (2) Where ASB 169-023, Revision B, specifies to contact the 
manufacturer, before further flight, repair using a method approved 
by the Manager, International Validation Branch, FAA. For a repair 
method to be approved by the Manager, International Validation 
Branch, as required by this paragraph, the Manager's approval letter 
must specifically refer to this AD.
    (3) Where ASB 169-023, Revision B, specifies to return certain 
parts, this AD does not include that requirement.

(l) No Reporting Requirement

    Although ASB 169-023, Revision B, specifies to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

(m) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraphs (g), (h), (i), and (j) of this AD, if those actions were 
performed before the effective date of this AD using Leonardo 
Helicopters Alert Service Bulletin 169-023, dated May 31, 2017, 
provided that, for helicopters on which Part V of that service 
information was accomplished, the adhesive fixing of the NLG and MLG 
support buffers is replaced within 3 months after the effective date 
of this AD. The replacement must be done in accordance with steps 
1., 2., 8.3, 8.4, 18., and 20. of Part V of the Accomplishment 
Instructions of ASB 169-023, Revision B, except as specified in 
paragraph (k) of this AD.
    (2) This paragraph provides credit for actions required by 
paragraphs (g), (h), (i), and (j) of this AD, if those actions were 
performed before the effective date of this AD using Leonardo 
Helicopters Alert Service Bulletin 169-023, Revision A, dated 
September 1, 2017.

[[Page 30162]]

(n) 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 certification office, send it to the 
attention of the person identified in paragraph (o)(1) 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.

(o) Related Information

    (1) For more information about this AD, contact Anthony Kenward, 
Aerospace Engineer, AIR-7F1, Fort Worth ACO Branch, FAA, 10101 
Hillwood Parkway, Fort Worth, TX 78101; telephone (817) 222-5152; 
email [email protected].
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD 
2017-0164, dated September 4, 2017. You may view the EASA AD on the 
internet at https://www.regulations.gov in the AD Docket.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 the AD specifies otherwise.
    (i) Leonardo Helicopters Alert Service Bulletin 169-023, 
Revision B, dated April 16, 2018.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Leonardo S.p.A. Helicopters, Emanuele Bufano, Head of Airworthiness, 
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone 
+39-0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home.
    (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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 19, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-11806 Filed 6-4-21; 8:45 am]
BILLING CODE 4910-13-P