[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Rules and Regulations]
[Pages 33498-33501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13668]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0512; Project Identifier MCAI-2020-01621-R; 
Amendment 39-21627; AD 2021-13-21]
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 AB139, AW139, and AW189 helicopters. This 
AD was prompted by a report of the in-flight failure of one of the 
three stainless steel external rings bonded to the main rotor 
swashplate boot. This AD requires repetitive inspections of these 
stainless steel external rings for corrosion, cracks, and the condition 
of the adhesive that bonds the rings to the main rotor swashplate boot, 
and corrective action if necessary, as specified in a 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 12, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 12, 
2021.
    The FAA must receive comments on this AD by August 9, 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 incorporated by reference (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 
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 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-2021-0512.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0512; or in person at 
Docket

[[Page 33499]]

Operations between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The AD docket contains this AD, the EASA AD, any 
comments received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; telephone (516) 228-7323; 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 2020-0271, dated December 8, 2020 
(EASA AD 2020-0271) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for Leonardo S.p.A. (formerly Finmeccanica S.p.A, AgustaWestland 
S.p.A., Agusta S.p.A.; and AgustaWestland Philadelphia Corporation, 
formerly Agusta Aerospace Corporation) Model AB139, AW139, and AW189 
helicopters, all serial numbers. Although EASA AD 2020-0271 applies to 
Model AB139, AW139, and AW189 helicopters, all serial numbers, this AD 
applies to helicopters with an affected part installed instead.
    This AD was prompted by a report of the in-flight failure of one of 
the three stainless steel external rings bonded to the main rotor 
swashplate boot installed on Model AB139 and AW139 helicopters. The 
broken ring, under the effects of the centrifugal force, was released 
from the main rotor swashplate boot and impacted one tail rotor blade, 
causing extensive damage. Investigation revealed that the failure of 
the external ring was caused by fatigue initiated by corrosion. A 
contributing factor to the external ring failure was disbonding at the 
four points where the affected ring was bonded to the main rotor 
swashplate boot. Leonardo S.p.a. Model AW189 helicopters have a similar 
design, therefore, this model may be subject to the same unsafe 
condition revealed on the Model AB139 and AW139 helicopters. Since EASA 
AD 2020-0271 was published, there have been two more reports of 
discrepant main rotor boots.
    The FAA is issuing this AD to address corrosion, cracking, and 
damage to the adhesive (e.g., disbonding) of any stainless steel 
external ring bonded to the main rotor swashplate boot, which could 
result in release of a ring from the main rotor swashplate boot, 
resulting in damage to, and reduced control of, the helicopter. See the 
EASA AD for additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0271 specifies procedures for repetitive detailed 
inspections (DET) of the affected external rings for corrosion 
(including superficial oxidation), and cracks, and, depending on 
findings, polishing corrosion, and replacing an affected external ring 
with a serviceable part. EASA AD 2020-0271 also requires repetitive 
inspections for damage of the adhesive (e.g., disbonding) between the 
bonding areas of the affected external rings and the main rotor 
swashplate boot and re-applying the adhesive if necessary. For certain 
helicopters, EASA AD 2020-0271 requires a one-time restoring of the 
adhesive between the bonding areas of the affected external rings and 
the main rotor swashplate boot. For all helicopters, EASA AD 2020-0271 
allows, under certain conditions, (re)installation of an affected part 
on a helicopter.
    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 products have been approved by the aviation authority of 
another country, and are 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 
these same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2020-0271, described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD.

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 use this process. As a result, EASA AD 2020-0271 
is incorporated by reference in the FAA final rule. This AD would, 
therefore, require compliance with EASA AD 2020-0271 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 2020-0271 that is 
required for compliance with EASA AD 2020-0271 is available on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0512.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (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.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule 
because the in-flight failure of a stainless steel external ring bonded 
to the main rotor swashplate boot could result in damage to, and 
reduced control of, the helicopter. In addition, the compliance time 
for the required action is shorter than the time necessary for the 
public to comment and for publication of the final rule. Based on the 
average utilization rate for the affected Model AB139 and AW139 
helicopters, it would take approximately one month for an affected 
helicopter to reach 25 hours time-in-service. Therefore, notice and

[[Page 33500]]

opportunity for prior public comment are impracticable and contrary to 
public interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, 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, for the same reasons the 
FAA found good cause to forego notice and comment.

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-2021-0512; Project Identifier MCAI-
2020-01621-R'' 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 Darren 
Gassetto, Aerospace Engineer, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7323; 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.

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

    The FAA estimates that this AD affects 142 helicopters of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Initial inspection of external boot     3 work-hours x $85 per                $0            $255         $36,210
 rings and adhesive restoration.         hour = $255.
Reporting after initial inspection....  1 work-hour x $85 per                  0              85          12,070
                                         hour = $85.
Repetitive inspections of boot rings    0.5 work-hour x $85 per                0           42.50           6,035
 and adhesive.                           hour = $42.50 per
                                         inspection cycle.
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                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Polish corrosion..............................  0.5 work-hour x $85 per hour =                $0          $42.50
                                                 $42.50.
Replace affected ring.........................  1 work-hour x $85 per hour = $85             300             385
Reapply adhesive..............................  1 work-hour x $85 per hour = $85               0              85
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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 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 control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Pkwy., 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.

[[Page 33501]]

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:
    (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

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:

2021-13-21 Leonardo S.p.a.: Amendment 39-21627; Docket No. FAA-2021-
0512; Project Identifier MCAI-2020-01621-R.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 12, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB139, AW139, and AW189 
helicopters, certificated in any category, equipped with a main 
rotor swashplate boot, having part number (P/N) 3G6230V00251.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6230 Main Rotor 
Mast/Swashplate.

(e) Unsafe Condition

    This AD was prompted by a report of the in-flight failure of one 
of the three stainless steel external rings bonded to the main rotor 
swashplate boot. The FAA is issuing this AD to address corrosion, 
cracking, and damage to the adhesive (e.g., disbonding) of any 
stainless steel external ring bonded to the main rotor swashplate 
boot, which could result in release of a ring from the main rotor 
swashplate boot, resulting in damage to, and reduced 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 
2020-0271, dated December 8, 2020 (EASA AD 2020-0271).

(h) Exceptions to EASA AD 2020-0271

    (1) Where EASA AD 2020-0271 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0271 does not apply 
to this AD.
    (3) Where EASA AD 2020-0271 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (4) Where paragraphs (3) and (6) of EASA AD 2020-0271 refer to 
``any discrepancy'' or ``discrepancies,'' for this AD, discrepancies 
include corrosion (including superficial oxidation) and cracking.
    (5) Where paragraph (4) of EASA AD 2020-0271 refers to ``any 
discrepancy,'' for this AD, discrepancies include corrosion 
(including superficial oxidation), cracking, and damage to the 
adhesive (e.g., disbonding).
    (6) Paragraph (6) of EASA AD 2020-0271 specifies to report 
inspection results to Leonardo S.p.a. within a certain compliance 
time. For this AD, report inspection results at the applicable time 
specified in paragraph (h)(6)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

(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) 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.

(j) Related Information

    For more information about this AD, contact Darren Gassetto, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7323; email [email protected].

(k) 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 Union Aviation Safety Agency (EASA) AD 2020-0271, 
dated December 8, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0271, contact the 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 
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-
2021-0512.
    (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 
[email protected], or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 18, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-13668 Filed 6-23-21; 11:15 am]
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