[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Rules and Regulations]
[Pages 50239-50242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19248]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0607; Project Identifier MCAI-2020-01249-R; 
Amendment 39-21666; AD 2021-16-04]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Leonardo S.p.a. Model AB412 and AB412 EP helicopters. This AD was 
prompted by a report of the failure of both inverters in-flight, 
leading to an autopilot disconnection. This AD requires a one-time 
inspection of the clearance between a certain protective grommet 
installed in the emergency bus interlock compartment and the cable 
assemblies passing through it, and depending on the finding, applicable 
corrective actions, 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 September 23, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
23, 2021.
    The FAA must receive comments on this AD by October 25, 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. 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 FAA-2021-0607.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0607; 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 AD, the EASA AD, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Jacob Fitch, Aerospace Engineer, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone (817) 222-4130; 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 2020-0192, dated September 4, 2020 
(EASA AD 2020-0192) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for Leonardo S.p.a. (formerly AgustaWestland S.p.A., Agusta S.p.A., and 
Costruzioni Aeronautiche Giovanni Agusta) Model AB412 and AB412 EP 
helicopters, all serial numbers.
    This AD was prompted by a report of the failure of both inverters 
in-flight, leading to an autopilot disconnection. Subsequent inspection 
identified

[[Page 50240]]

chafing of a wire in the alternating current (AC) power system cable 
assembly, due to a protective grommet incorrectly installed in the 
emergency bus interlock compartment. Insufficient clearance between a 
protective grommet and the cable assemblies that pass through it could 
result in chafing of the cable assemblies. The FAA is issuing this AD 
to address incorrect installation of a protective grommet in the 
emergency bus interlock compartment and chafed wiring in the AC power 
system cable assembly. Chafed wiring in the AC power system cable 
assembly, if not addressed, could lead to a short in the AC power 
system, resulting in autopilot failure, possibly the loss of other 
avionics systems, increased pilot workload, and reduced control of the 
helicopter.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0192 specifies procedures for a one-time inspection of 
the clearance between a protective grommet installed in the emergency 
bus interlock compartment and the cable assemblies passing through it, 
and corrective actions. The corrective actions include replacing the 
existing grommet with a new grommet, inspecting the cable assemblies 
for damage (including chafing) and replacing affected cable assemblies, 
and reworking the bulkhead in the emergency bus interlock compartment. 
The rework of the bulkhead includes removing paint and primer, 
reworking the lightening hole, deburring the hole, applying chemical 
film protection, and priming all bare metal surfaces.
    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 
2020-0192, 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 2020-0192 
is incorporated by reference in this FAA final rule. This AD therefore, 
requires compliance with EASA AD 2020-0192 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 2020-0192 that is 
required for compliance with EASA AD 2020-0192 is available on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0607.

FAA's Justification 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 currently no domestic operators of these products. 
Therefore, the FAA finds that 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, 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 relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0607; Project Identifier MCAI-
2020-01249-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 Jacob 
Fitch, Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-4130; 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

[[Page 50241]]

has good cause to adopt this rule without 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 this type certificate 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

    The FAA determined that 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 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:

2021-16-04 Leonardo S.p.a.: Amendment 39-21666; Docket No. FAA-2021-
0607; Project Identifier MCAI-2020-01249-R.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 
23, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model AB412 and AB412 EP 
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2400, Electrical 
Power System.

(e) Unsafe Condition

    This AD was prompted by a report of the failure of both 
inverters in-flight, leading to an autopilot disconnection. 
Subsequent inspection identified chafing of a wire in the 
alternating current (AC) power system cable assembly, due to a 
protective grommet incorrectly installed in the emergency bus 
interlock compartment. Insufficient clearance between a protective 
grommet and the cable assemblies that pass through it could result 
in damage (including chafing) to the cable assemblies. The FAA is 
issuing this AD to address incorrect installation of a protective 
grommet in the emergency bus interlock compartment and chafed wiring 
in the AC power system cable assembly. Chafed wiring in the AC power 
system cable assembly, if not addressed, could lead to a short in 
the AC power system, resulting in autopilot failure, possibly the 
loss of other avionics systems, increased pilot workload, 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 
2020-0192, dated September 4, 2020 (EASA AD 2020-0192).

(h) Exceptions to EASA AD 2020-0192

    (1) Where EASA AD 2020-0192 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where the service information referenced in EASA AD 2020-
0192 specifies to discard a certain part, this AD requires removing 
that part from service.
    (3) Where the service information referenced in EASA AD 2020-
0192 specifies to replace a certain part, this AD requires removing 
that part from service.
    (4) Where EASA AD 2020-0192 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (5) The ``Remarks'' section of EASA AD 2020-0192 does not apply 
to this AD.
    (6) Where paragraph (2) of EASA AD 2020-0192 refers to ``any 
discrepancy'' for this AD, discrepancies include inadequate 
clearance between the protective grommet and AC power system cable 
assembly and damaged (chafed) AC power system cable assemblies.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0192 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are prohibited.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (l) of 
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(l) Related Information

    For more information about this AD, contact Jacob Fitch, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-4130; 
email [email protected].

(m) 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 2020-0192, 
dated September 4, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0192, 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

[[Page 50242]]

the internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA 2021-0607.
    (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 July 21, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-19248 Filed 9-7-21; 8:45 am]
BILLING CODE 4910-13-P