[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Rules and Regulations]
[Pages 57567-57569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22470]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0608; Project Identifier 2019-SW-119-AD; Amendment 
39-21750; AD 2021-20-12]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Leonardo S.p.a. Model AB139, AW139, AB412, and AB412 EP 
helicopters. This AD was prompted by failure of an Emergency Flotation 
System (EFS) float compartment to inflate during maintenance of the 
EFS. This AD requires inspecting certain EFSs and depending on the 
results, marking certain parts or removing certain parts from service, 
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 is effective November 22, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 22, 
2021.

ADDRESSES: For EASA material incorporated by reference (IBR) in this 
AD, 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 material on the EASA website at 
https://ad.easa.europa.eu. For Leonardo Helicopters and Safran material 
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 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. The EASA material is also available in the AD docket 
at https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0608.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0608; 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, any 
comments received, and other information. The address for Docket 
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue 
SE, Washington, DC 20590.

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 (516) 228-7330; 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 2019-0311, dated December 19, 2019 
(EASA AD 2019-0311), to correct an unsafe condition for Leonardo 
S.p.A., formerly Finmeccanica Helicopter Division, AgustaWestland, 
Agusta S.p.A., Model AB139, AW139, AB412, and AB412EP helicopters.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Leonardo S.p.a. 
Model AB139, AW139, AB412, and AB412EP helicopters. The NPRM published 
in the Federal Register on July 30, 2021 (86 FR 40962). The NPRM was 
prompted by failure of an EFS float compartment to inflate during 
maintenance of the EFS. The NPRM proposed to require inspecting each 
EFS supply hose and depending on the results, re-identifying or 
removing the EFS supply hose from service, as specified in an EASA AD.
    The FAA is issuing this AD to address a blocked float supply hose. 
See EASA AD 2019-0311 for additional background information.

[[Page 57568]]

Discussion of Final Airworthiness Directive

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule as proposed.

Related Service Information Under 1 CFR Part 51

    EASA AD 2019-0311 specifies inspecting certain EFSs and depending 
on the results, re-identifying the float supply hose with a green heat 
shrinkable sleeve if the float supply hose passes an inspection, or 
replacing the float supply hose with a serviceable float supply hose. 
EASA AD 2019-0311 also prohibits installing a float supply hose unless 
it passes the inspection and is re-identified.
    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.

Other Related Service Information

    The FAA reviewed Safran Service Bulletin 025-69-19, Revision 00, 
dated November 22, 2019 (SB 025-69-19), which is attached as Annex A to 
Leonardo Helicopters Alert Service Bulletin (ASB) No. 139-610 and 
Emergency ASB No. 412-157, each dated December 17, 2019. SB 025-69-19 
specifies procedures for inspecting for blockage through the float 
supply hoses of the EFS inflation system.

Differences Between This AD and the EASA AD

    EASA AD 2019-0311 requires inspecting each affected part in Group A 
within 400 flight hours (FH) or 12 months, whichever occurs first, 
whereas this AD requires inspecting each affected part in that group 
within 100 hours time-in-service instead. EASA AD 2019-0311 requires 
inspecting each affected part in Group C within 300 FH or during the 
next scheduled ``18 months'' inspection, whichever occurs first, 
whereas this AD requires inspecting each affected part in that group 
within 15 hours time-in-service instead to address the unsafe condition 
as soon as practical as there are no Group C aircraft registered in the 
U.S.; the proposed compliance time matches those same model aircraft 
found in Group D. Where the service information referenced in EASA AD 
2019-0311 specifies ``operator able to perform the EFS maintenance in 
accordance with Aircraft Maintenance Manual (AMM) or Aircraft 
Maintenance Publication (AMP) can perform the procedure defined in this 
Service Bulletin,'' this AD requires that the work be accomplished by a 
mechanic that meets the requirements of 14 CFR part 65 subpart D. Where 
EASA AD 2019-0311 specifies replacing an affected float supply hose 
that fails the inspection, this AD requires removing the float supply 
hose from service instead.

Costs of Compliance

    The FAA estimates that this AD affects 129 helicopters of U.S. 
Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates that operators may incur the following 
costs in order to comply with this AD.
    Inspecting each EFS supply hose takes about 0.25 work-hour for an 
estimated cost of $21 per hose. Re-identifying each EFS supply hose 
would take a minimal amount of time at a nominal cost.
    Replacing an EFS supply hose takes up to 8 work-hours and parts 
cost between $2,500 and $9,500 for a set of float supply hoses, for an 
estimated cost of up to $10,180 per helicopter.
    According to Safran's service information, some of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected individuals. The FAA does not control warranty coverage by 
Safran; accordingly, all costs are included in this 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 above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 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:

2021-20-12 Leonardo S.p.a: Amendment 39-21750; Docket No. FAA-2021-
0608; Project Identifier 2019-SW-119-AD.

(a) Effective Date

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

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB139, AW139, AB412, 
and AB412 EP helicopters, certificated in any category, with an 
affected part as identified in European Union Aviation Safety Agency 
(EASA) AD 2019-0311, dated December 19, 2019 (EASA AD 2019-0311), 
installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 3212, Emergency 
Flotation Section.

[[Page 57569]]

(e) Unsafe Condition

    This AD was prompted by failure of an Emergency Flotation System 
(EFS) float compartment to inflate during maintenance of the EFS. 
The FAA is issuing this AD to address a blocked float supply hose. 
The unsafe condition, if not addressed, could result in partial 
inflation of an EFS float during an emergency landing on water and 
subsequently preventing a timely egress from the helicopter, which 
could result in injury to helicopter occupants.

(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, EASA AD 2019-0311.

(h) Exceptions to EASA AD 2019-0311

    (1) Where EASA AD 2019-0311 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2019-0311 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service (TIS).
    (3) Where paragraph (1) of EASA AD 2019-0311 requires inspecting 
each affected part within the compliance time specified in Table 2 
of its AD, this AD requires:
    (i) Inspecting each affected part in Group A within 100 hours 
TIS after the effective date of this AD.
    (ii) Inspecting each affected part in Group C within 15 hours 
TIS after the effective date of this AD.
    (4) Where the service information referenced in paragraph (1) of 
EASA AD 2019-0311 specifies ``operator able to perform the EFS 
maintenance in accordance with Aircraft Maintenance Manual (AMM) or 
Aircraft Maintenance Publication (AMP) can perform the procedure 
defined in this Service Bulletin,'' this AD requires that the work 
be accomplished by a mechanic that meets the requirements of 14 CFR 
part 65 subpart D.
    (5) Where paragraph (2) of EASA AD 2019-0311 specifies replacing 
an EFS supply hose that fails the inspection, this AD requires 
removing the hose from service.
    (6) This AD does not require the ``Remarks'' section of EASA AD 
2019-0311.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0311 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k) 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.

(k) Related Information

    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 protected].

(l) 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 2019-0311, 
dated December 19, 2019.
    (ii) [Reserved]
    (3) For EASA AD 2019-0311, 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 at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2021-0608.
    (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 September 20, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-22470 Filed 10-15-21; 8:45 am]
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