[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Rules and Regulations]
[Pages 60364-60367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23896]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0885; Project Identifier MCAI-2021-00966-R; 
Amendment 39-21786; AD 2021-22-13]
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 and AW139 helicopters. This AD was 
prompted by the determination that the requirement to accomplish a 
rated load check (RTC) on certain hoist assemblies may have been 
inadvertently left out of some aircraft maintenance publications 
(AMPs). This AD requires performing an RTC on certain part-numbered 
hoist assemblies with certain part-numbered hoist cables installed and 
corrective actions if any discrepancies are found 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 November 17, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 17, 
2021.
    The FAA must receive comments on this AD by December 17, 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 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 IBR material on the EASA website 
at https://ad.easa.europa.eu. For Leonardo S.p.a. 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://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. Service information is also available at https://www.regulations.gov by searching for and locating Docket FAA-2021-0885.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0885; 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: 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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0186R1, dated August 18, 2021 
and corrected August 23, 2021 (EASA AD 2021-0186R1), to correct an 
unsafe condition for Leonardo S.p.A. Helicopters, formerly Finmeccanica 
S.p.A, AgustaWestland S.p.A., Agusta

[[Page 60365]]

S.p.A.; and AgustaWestland Philadelphia Corporation, formerly Agusta 
Aerospace Corporation, Model AB139 and AW139 helicopters.
    EASA advises that a review of an AW139 AMP manual determined that 
the requirement to accomplish an RTC on a Breeze hoist assembly was not 
introduced until AMP issue 39, dated June 7, 2021. EASA advises the RTC 
is intended to verify the integrity of the hoist assembly and the 
efficiency of the hoist system operation. EASA further advises that the 
RTC is included in the hoist manufacturer's Flight Line Operation and 
Maintenance Manual and is required whenever the hoist cable is replaced 
or a hoist is stored for more than 12 months. EASA further advises 
since the RTC has been recently published in the AW139 AMP it may not 
have been accomplished on all affected hoist assemblies. This 
condition, if not detected and corrected, could lead to failure of the 
hoist assembly, possibly resulting in loss of external human cargo 
during hoist operations. Accordingly, EASA AD 2021-0186R1 requires 
accomplishing an RTC of certain hoist assemblies, and if during the RTC 
any discrepancy is detected, before next hoist operation, contacting 
Leonardo S.p.a. Helicopters for approved corrective action. See the 
EASA AD for additional background information.

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 EASA AD 2021-0186R1 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.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0186R1 specifies procedures for accomplishing an RTC 
of the rescue hoist system in accordance with the instructions in the 
manufacturer's service information.
    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.

AD Requirements

    This AD requires accomplishing the actions specified in EASA AD 
2021-0186R1, described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD and except as discussed under ``Differences Between this AD and 
the MCAI.''

Differences Between This AD and EASA AD 2021-0186R1

    EASA AD 2021-0186R1 applies to all serial-numbered Model AB139 and 
AW139 helicopters, whereas this AD only applies to Model AB139 and 
AW139 helicopters equipped with certain parts that have not completed 
an RTC in accordance with certain service information following either 
replacement of certain hoist cables or installation of a hoist assembly 
that has been in storage for more than 12 consecutive months. Paragraph 
(2) of EASA AD 2021-0186R1 requires contacting Leonardo S.p.a. 
Helicopters for approved corrective actions if any discrepancies are 
found, whereas this AD requires accomplishing the corrective actions 
using a method approved by the Manager, General Aviation and Rotorcraft 
Section, International Validation Branch, FAA; or EASA; or Leonardo 
S.p.a. Helicopters' EASA Design Organization Approval.

Explanation of Applicability Paragraph

    This AD applies to certain Leonardo S.p.a. Model AB139 and AW139 
helicopters, equipped with certain part-numbered Breeze external hoist 
assemblies that have not passed an RTC in accordance with certain 
maintenance manuals, maintenance instructions, or alert service 
bulletins after certain maintenance actions have been performed. 
Although EASA specifies that EASA AD 2021-0186R1 is applicable to all 
Model AB139 and AW139 helicopters, this AD specifies the applicable 
maintenance manuals, maintenance instructions, and alert service 
bulletins, along with the maintenance actions, in the Applicability 
paragraph to ensure all owners and operators comply with passing the 
RTC prior to the next hoist operation, as required by 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 to use this process. As a result, EASA AD 2021-0186R1 is 
incorporated by reference in this AD. This AD therefore, requires 
compliance with EASA AD 2021-0186R1 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 2021-0186R1 that is required 
for compliance with EASA AD 2021-0186R1 is available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0885.

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.
    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 requirement to accomplish an RTC on certain hoist 
assemblies may have been inadvertently left out of some AMPs, and 
therefore may not have been accomplished on all hoist assemblies, which 
could lead to failure of the hoist assembly. In addition, the 
compliance time for the required actions is before the next hoist 
operation, a shorter time period than the time necessary for the public 
to comment and for publication of the final rule.
    Therefore, notice and 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

[[Page 60366]]

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 forgo 
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-2021-0885.; Project Identifier 
MCAI-2021-00966-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 129 helicopters of U.S. 
registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates the following costs to comply with 
this AD.
    Performing an RTC takes about 1 work-hour for an estimated cost of 
$85 per RTC, and $10,965 for the U.S. fleet.
    If required, replacing the hoist assembly takes about 1.5 work-
hours and parts cost about $204,364 for an estimated cost of $204,492 
per hoist assembly.
    If required, replacing a hoist cable takes about 0.75 work-hour and 
parts cost about $14,141 for an estimated cost of $14,205 per hoist 
cable.

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:

2021-22-13 Leonardo S.p.a.: Amendment 39-21786; Docket No. FAA-2021-
0885.; Project Identifier MCAI-2021-00966-R.

(a) Effective Date

    This airworthiness directive (AD) becomes effective November 17, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB139 and AW139 
helicopters, certificated in any category, equipped with a Breeze 
external hoist assembly, having part number (P/N) P/N 3G2591V00331 
(Breeze P/N BL-20200-421), P/N 3G2591V02931 (Breeze P/N BLH-20200-
431-1), P/N 3G2591V02932 (Breeze P/N BLH-20200-431-2), or P/N 
3G2591V01431 (Breeze P/N BL-20200-422), that has not passed a rated 
load check (RTC) in accordance with Breeze Flight Line Operation and 
Maintenance Manual TD-03-008, TD-08-002 or TD-03-009 as applicable, 
or the Accomplishment Instructions of Leonardo Emergency Alert 
Service Bulletin 139-679, dated August 5, 2021 (ASB 139-679), or 
Annex 1 of Leonardo S.p.A. AW139 Temporary Maintenance Instruction 
(TMI) 139-546, dated August 2, 2021, after performing the following 
actions:
    (1) Replacement of the hoist cable (Breeze P/N BL-6260 or P/N 
BL-9149-8, as applicable), or
    (2) Installation of a hoist assembly that has been in storage 
for more than 12 consecutive months.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 2550, Cargo 
Compartments.

(e) Unsafe Condition

    This AD was prompted by the determination that the requirement 
to

[[Page 60367]]

accomplish an RTC on certain hoist assemblies may have been 
inadvertently left out of some aircraft maintenance publications. 
The FAA is issuing this AD to address failure of the hoist assembly. 
This condition could result in loss of external human cargo during 
hoist operations.

(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 
2021-0186R1, dated August 18, 2021 and corrected August 23, 2021 
(EASA AD 2021-0186R1).

(h) Exceptions to EASA AD 2021-0186R1

    (1) Where EASA AD 2021-0186R1 refers to August 10, 2021 (the 
effective date of EASA AD 2021-0186-E at original issue), this AD 
requires using the effective date of this AD.
    (2) This AD does not mandate the ``Remarks'' section of EASA AD 
2021-0186R1.
    (3) Where paragraph (2) of EASA AD 2021-0186R1 specifies to 
contact Leonardo S.p.a. for approved corrective action instructions, 
for this AD, if any discrepancy is detected during the RTC, the 
corrective actions must be accomplished before next hoist operation 
using a method to be approved by the Manager, General Aviation and 
Rotorcraft Section, International Validation Branch, FAA; or EASA; 
or Leonardo S.p.a. Helicopters' EASA Design Organization Approval 
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.
    Note 1 to paragraph (h)(3): Discrepancies are noted in steps 2 
and 3 of Annex A of ASB 139-679.

(j) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-
0186R1 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(k) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the helicopter to a location where the 
helicopter can be modified (if the operator elects to do so), 
provided the external hoist assembly is not used until the RTC and 
any applicable corrective actions specified in paragraphs (1) 
through (3) of EASA AD 2021-0186R1 have been accomplished.

(l) 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 (m)(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.

(m) Related Information

    (1) 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].

(n) 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 2021-0186R1, 
dated August 18, 2021 and corrected August 23, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0186R1, 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-
2021-0885.
    (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 October 15, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-23896 Filed 10-28-21; 4:15 pm]
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