[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Rules and Regulations]
[Pages 49470-49472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19032]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0718; Project Identifier MCAI-2020-00601-R; 
Amendment 39-21708; AD 2021-18-07]
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 AB412 and AB412 EP helicopters. This AD 
was prompted by the results of a fatigue review. This AD requires 
establishing a life limit for certain part-numbered high landing gear 
aft crosstubes. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD becomes effective September 20, 2021.
    The FAA must receive comments on this AD by October 18, 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 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://customerportal.leonardocompany.com/en-US/. 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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0718; 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: Kenneth Cook, Airframe/Structural/
Mechanical Engineer, Certification Section, Fort Worth ACO Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5475; 
email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2017-0097, dated June 7, 2017 (EASA 
AD 2017-0097), to correct an unsafe condition for AgustaWestland S.p.A. 
(formerly Agusta S.p.A., Costruzioni Aeronautiche Giovanni Agusta) 
Model AB412 and AB412EP helicopters with high skid landing gear 
assemblies part number (P/N) 412-050-012-(XXX), 412-050-014-(XXX), 412-
050-050-(XXX), or 412-050-059-(XXX), where `XXX' represents any 3-digit 
combination, installed. EASA advises of the determination that a life 
limit must be introduced for certain high skid landing gear aft 
crosstubes following a fatigue review. Failure to comply with the new 
life limit could lead to the failure of the part, possibly resulting in 
damage of the helicopter and injuries to passengers.
    Accordingly, EASA AD 2017-0097 requires implementation of the new 
life limit and revision of the Aircraft Maintenance Program (AMP).

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 issuing 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.

Related Service Information

    The FAA reviewed Leonardo Helicopters Emergency Alert Service 
Bulletin No. 412-151, Revision A, dated June 5, 2017. This service 
information specifies procedures for establishing a

[[Page 49471]]

retirement life (life limit) of 10,000 landings for high landing gear 
aft crosstube P/Ns 412-050-010-101, 412-050-010-107, 412-050-010-111, 
and 412-050-045-107. This service information also specifies procedures 
for inspecting a high landing gear aft crosstube that has already 
exceeded the new retirement life to defer the initial retirement life 
replacement.

AD Requirements

    For high landing gear aft crosstube P/Ns 412-050-010-101, 412-050-
010-107, 412-050-010-111, and 412-050-045-107, this AD requires 
determining the total number of landings. For purposes of this AD, a 
landing is counted anytime a helicopter lifts off into the air and then 
lands again regardless of the duration of the landing and regardless of 
whether the engine is shutdown. If the total number of landings cannot 
be determined, this AD requires multiplying the total hours time-in-
service accumulated by the high landing gear aft crosstube by 4. If the 
high landing gear aft crosstube has accumulated or exceeded 10,000 
total landings, this AD requires removing the high landing gear aft 
crosstube from service. This AD also requires creating a component 
history card or equivalent record to establish a life limit of 10,000 
total landings, and thereafter, removing any high landing gear aft 
crosstube from service before accumulating 10,000 total landings.

Differences Between This AD and the EASA AD

    EASA AD 2017-0097 allows deferring the first replacement of a high 
landing gear aft crosstube that has accumulated 9,900 or more total 
landings as of the effective date of its AD by passing certain 
inspections, whereas this AD does not allow that deferral. EASA AD 
2017-0097 requires revising the AMP and allows revision of the AMP as 
terminating action of its AD, whereas this AD does not contain those 
actions.

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 are no helicopters with these type certificates on the U.S. 
Registry. 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-2021-0718; Project Identifier MCAI-
2020-00601-R'' 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 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 Kenneth 
Cook, Airframe/Structural/Mechanical Engineer, Certification Section, 
Fort Worth ACO Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone (817) 222-5475; 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

    There are no costs of compliance with this AD because there are no 
helicopters with these type certificates on the U.S. Registry.

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.

[[Page 49472]]

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:

2021-18-07 Leonardo S.p.a.: Amendment 39-21708; Docket No. FAA-2021-
0718; Project Identifier MCAI-2020-00601-R.

(a) Effective Date

    This airworthiness directive (AD) is effective September 20, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB412 and AB412 EP 
helicopters, certificated in any category, with a high skid landing 
gear assembly part number (P/N) 412-050-012-(XXX), 412-050-014-
(XXX), 412-050-050-(XXX), or 412-050-059-(XXX), where ``(XXX)'' 
represents any 3-digit combination, installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 3200, Landing Gear 
System.

(e) Unsafe Condition

    This AD was prompted by the results of a fatigue review. The FAA 
is issuing this AD to prevent parts from remaining in service beyond 
their fatigue life. The unsafe condition, if not addressed, could 
result in failure of a part and subsequent damage to the helicopter 
and injuries to occupants.

(f) Compliance

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

(g) Required Actions

    For high landing gear aft crosstube P/Ns 412-050-010-101, 412-
050-010-107, 412-050-010-111, and 412-050-045-107:
    (1) Before further flight after the effective date of this AD, 
determine the total number of landings. For purposes of this AD, a 
landing is counted anytime a helicopter lifts off into the air and 
then lands again regardless of the duration of the landing and 
regardless of whether the engine is shutdown. If the total number of 
landings cannot be determined, multiply the total hours time-in-
service accumulated by the high landing gear aft crosstube by 4. 
Remove any high landing gear aft crosstube from service that has 
accumulated or exceeded 10,000 total landings.
    (2) Create a component history card or equivalent record to 
establish a life limit of 10,000 total landings.
    (3) Thereafter, remove any high landing gear aft crosstube from 
service before accumulating 10,000 total landings.

(h) 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 (i)(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.

(i) Related Information

    (1) For more information about this AD, contact Kenneth Cook, 
Airframe/Structural/Mechanical Engineer, Certification Section, Fort 
Worth ACO Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone (817) 222-5475; email [email protected].
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD 
2017-0097, dated June 7, 2017. You may view the EASA AD at https://www.regulations.gov in Docket No. FAA-2021-0718.

(j) Material Incorporated by Reference

    None.

    Issued on August 24, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-19032 Filed 9-2-21; 8:45 am]
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