[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Rules and Regulations]
[Pages 61060-61062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24151]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0659; Project Identifier 2018-SW-112-AD; Amendment 
39-21763; AD 2021-21-03]
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 A109A, A109A II, A109C, A109E, A109K2, 
A109S, AW109SP, A119, and AW119 MKII helicopters. This AD was prompted 
by a report of damage to a rigid connecting link (rod), and loosening 
of the nut on the upper rod end. This AD requires a visual inspection 
of the affected rods for damage, cracks, or abnormal play, and 
corrective actions if necessary, as specified in a European Aviation 
Safety Agency (now 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 December 10, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 10, 
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
phone: +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. 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. It is also available in 
the AD docket on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0659.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0659; 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: Darren Gassetto, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; phone: (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 2018-0280, dated December 17, 2018 
(EASA AD 2018-0280) (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 A109A, A109A II, A109C, 
A109E, A109K2, A109S, A109LUH, AW109SP, A119, and AW119 MKII 
helicopters. Model A109LUH helicopters are not certificated by the FAA 
and are not included on the U.S. type certificate data sheet; this AD 
therefore does not include those helicopters in the applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR

[[Page 61061]]

part 39 by adding an AD that would apply to certain Leonardo S.p.a. 
Model A109A, A109A II, A109C, A109E, A109K2, A109S, AW109SP, A119, and 
AW119 MKII helicopters. The NPRM published in the Federal Register on 
August 13, 2021 (86 FR 44657). The NPRM was prompted by a report of 
damage to a rod, and loosening of the nut on the upper rod end. The 
NPRM proposed to require a visual inspection of the affected rods for 
damage, cracks, or abnormal play, and corrective actions if necessary, 
as specified in an EASA AD.
    The FAA is issuing this AD to address damage to the rod, and 
loosening of the nut on the upper rod end, which could result in 
failure of the rod, possibly resulting in reduced control of the 
helicopter. See the MCAI for additional background information.

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, 
except for minor editorial changes. The FAA has determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2018-0280 requires a visual inspection of the affected rods 
for damage, cracks, or evidence of abnormal play, and, depending on 
findings, any applicable corrective actions (which include replacing 
damaged or cracked connecting links and actions to address abnormal 
play).
    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.

Interim Action

    The FAA considers this AD interim action. The inspection reports 
that are required by this AD will enable the manufacturer to obtain 
better insight into the nature, cause, and extent of the cracking, and 
eventually to develop final action to address the unsafe condition. 
Once final action has been identified, the FAA might consider further 
rulemaking.

Costs of Compliance

    The FAA estimates that this AD affects 291 helicopters of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                Estimated Costs *
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Visual Inspection.....................  1 work-hour x $85 per                 $0             $85         $24,735
                                         hour = $85.
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* Table does not include estimated costs for reporting.

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the reporting requirement in this AD. The average labor 
rate is $85 per hour. Based on these figures, the FAA estimates the 
cost of reporting the inspection results on U.S. operators to be 
$24,735, or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition replacements that would be required based on the results of 
the inspection. The agency has no way of determining the number of 
aircraft that might need these on-condition replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
             Action                  Labor cost                Parts cost                 Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement....................  3 work-hour x $85   Up to $2,351.................  Up to $2,606.
                                  per hour = $255.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

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

[[Page 61062]]

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:

2021-21-03 Leonardo S.p.a.: Amendment 39-21763; Docket No. FAA-2021-
0659; Project Identifier 2018-SW-112-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective December 10, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A109A, A109A II, A109C, 
A109E, A109K2, A109S, AW109SP, A119, and AW119 MKII helicopters, 
certificated in any category, with an affected part as identified in 
European Aviation Safety Agency (now European Union Aviation Safety 
Agency) (EASA) AD 2018-0280, dated December 17, 2018 (EASA AD 2018-
0280).

(d) Subject

    Joint Aircraft Service Component (JASC) Codes: 6700, Rotorcraft 
Flight Control; 6730, Rotorcraft Servo System.

(e) Unsafe Condition

    This AD was prompted by a report of damage to a rigid connecting 
link (rod), and loosening of the nut on the upper rod end. The FAA 
is issuing this AD to address damage to the rod, and loosening of 
the nut on the upper rod end. The unsafe condition, if not 
addressed, could result in failure of the rod, possibly resulting in 
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, EASA AD 2018-0280.

(h) Exceptions to EASA AD 2018-0280

    (1) Where EASA AD 2018-0280 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2018-0280 requires compliance from its 
effective date, this AD requires using the effective date of this 
AD.
    (3) Where EASA AD 2018-0280 specifies action if ``any 
discrepancy'' is found, for this AD, discrepancies include damage, 
cracks, and evidence of abnormal play.
    (4) Where the service information specified in EASA AD 2018-0280 
specifies to ``replace the damaged connecting link'', for this AD, 
if any damage or cracks are found, remove the rod from service.
    (5) Where the service information specified in EASA AD 2018-0280 
specifies to ``contact Leonardo Helicopters'' if abnormal play is 
detected, for this AD if any abnormal play is detected, corrective 
action must be accomplished using a method approved by the Manager, 
International Validation Branch, FAA; or EASA; or Leonardo S.p.a.'s 
EASA Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.
    (6) Where EASA AD 2018-0280 requires reporting inspection 
results to Leonardo S.p.a. within 14 days after the effective date 
of EASA AD 2018-0280, this AD requires reporting inspection results 
at the applicable time 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 14 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 14 days after the effective date 
of this AD.
    (7) This AD does not require the ``Remarks'' section of EASA AD 
2018-0280.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are not allowed.

(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 Darren Gassetto, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; phone: (516) 228-7323; 
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 Aviation Safety Agency (EASA) AD 2018-0280, dated 
December 17, 2018.
    (ii) [Reserved]
    (3) For EASA AD 2018-0280, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +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-
2021-0659.
    (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 30, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-24151 Filed 11-4-21; 8:45 am]
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