[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Rules and Regulations]
[Pages 61058-61060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24153]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0671; Project Identifier 2019-SW-036-AD; Amendment 
39-21768; AD 2021-21-08]
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 and AW139 helicopters. This AD was 
prompted by a report of damage (burns) on the tail rotor blades (TRBs). 
This AD requires an inspection of each TRB for the general condition 
and any evidence of burns and replacement if necessary, 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 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-2021-0671.

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-
0671; 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: Jacob Fitch, Aerospace Engineer, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; phone: (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 2019-0073, dated March 28, 2019 
(EASA AD 2019-0073) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for Leonardo S.p.a. Model AB139 and AW139 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 and AW139 helicopters. The NPRM published in the Federal 
Register on August 18, 2021 (86 FR 46162). The NPRM was prompted by a 
report of damage (burns) on the TRBs. The NPRM proposed to require an 
inspection of each TRB for the general condition and any evidence of 
burns and replacement if necessary, as specified in an EASA AD.
    The FAA is issuing this AD to address damage (burns) on the TRBs. 
The unsafe condition, if not addressed, could result in loss of a TRB, 
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

[[Page 61059]]

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 2019-0073 requires an inspection of each TRB for the 
general condition and any evidence of burns and replacement if 
necessary. 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.

Costs of Compliance

    The FAA estimates that this AD, affects 138 airplanes 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
----------------------------------------------------------------------------------------------------------------
Inspection............................  3 work-hours x $85 per                $0            $255         $35,190
                                         hour = $255 (4 blades).
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
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 replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
             Action                  Labor cost                Parts cost                 Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement (per blade)........  2 work-hours x $85  $57,500 per blade............  $57,670 per blade.
                                  per hour = $170.
----------------------------------------------------------------------------------------------------------------

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

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:

2021-21-08 Leonardo S.p.a.: Amendment 39-21768; Docket No. FAA-2021-
0671; Project Identifier 2019-SW-036-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 AB139 and AW139 
helicopters, certificated in any category, as identified in European 
Union Aviation Safety Agency (EASA) AD 2019-0073, dated March 28, 
2019 (EASA AD 2019-0073).

(d) Subject

    Joint Aircraft Service Component (JASC) Codes: 3097, Ice/Rain 
Protection System Wiring; 6410, Tail Rotor Blades.

(e) Unsafe Condition

    This AD was prompted by a report of damage (burns) on the tail 
rotor blades (TRBs). The FAA is issuing this AD to address damage 
(burns) on the TRBs. The unsafe condition, if not addressed, could 
result in loss of a TRB, 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 2019-0073.

(h) Exceptions to EASA AD 2019-0073

    (1) Where EASA AD 2019-0073 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.

[[Page 61060]]

    (2) Where EASA AD 2019-0073 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where the service information required by EASA AD 2019-0073 
specifies returning a part to the manufacturer, this AD does not 
include that requirement.
    (4) This AD does not require the ``Remarks'' section of EASA AD 
2019-0073.
    (5) Where paragraph (2) of EASA AD 2019-0073 specifies to 
replace if there are burn signs or other damage, for this AD, other 
damage is defined as being consistent with wire overheat (e.g., 
possible melted or exposed wires).

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0073 
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 not allowed.

(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; phone: (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 2019-0073, 
dated March 28, 2019.
    (ii) [Reserved]
    (3) For EASA AD 2019-0073, 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-
2021-0671.
    (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 7, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-24153 Filed 11-4-21; 8:45 am]
BILLING CODE 4910-13-P