[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Rules and Regulations]
[Pages 67309-67312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25691]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0461; Project Identifier MCAI-2021-00156-R; 
Amendment 39-21775; AD 2021-22-02]
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 all 
Leonardo S.p.a. Model AB139 and AW139 helicopters. This AD was prompted 
by a report of a short circuit caused by chafing of the electrical 
wiring in the overhead panel. This AD requires an initial detailed 
inspection inside the overhead panel for certain helicopters, 
repetitive detailed inspections inside the overhead panel for all 
helicopters, and corrective actions 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 January 3, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 3, 
2022.

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-2021-0461.

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-
0461; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday

[[Page 67310]]

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 2021-0044, dated February 5, 2021 
(EASA AD 2021-0044) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all 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 all Leonardo S.p.a. 
Model AB139 and AW139 helicopters. The NPRM published in the Federal 
Register on June 14, 2021 (86 FR 31451). The NPRM was prompted by a 
report of a short circuit caused by chafing of the electrical wiring in 
the overhead panel. The NPRM proposed to require an initial detailed 
inspection inside the overhead panel for certain helicopters, 
repetitive detailed inspections inside the overhead panel for all 
helicopters, and corrective actions if necessary, as specified in EASA 
AD 2021-0044.
    The FAA is issuing this AD to address a short circuit caused by 
chafing of the electrical wiring in the overhead panel, which could 
cause damaged electrical wiring, possible fire in the overhead panel, 
and loss of control of the helicopter. See the MCAI for additional 
background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comment received 
on the NPRM and the FAA's response to each comment.

Request To Include Credit for Later Service Information

    An anonymous commenter requested that the FAA revise the NPRM to 
include a paragraph that allows credit for the use of a later revision 
of the service information referenced in EASA AD 2021-0044.
    The FAA disagrees with the request because, in this case, credit is 
unnecessary. The FAA is incorporating by reference EASA AD 2021-0044 as 
the method for accomplishing the actions required by this AD. EASA AD 
2021-0044 includes the Ref. Publications section, which allows the use 
of later approved revisions of the service information referenced in 
EASA AD 2021-0044. Therefore, no change has been made to this AD.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, 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 2021-0044 requires an initial detailed inspection (for 
certain helicopters) inside the overhead panel for chafing of the cable 
harnesses and for correct clearance between the anchor nuts/screws and 
the cable harnesses, of the screws for correct length, and of the 
supports for sound bonding, and corrective actions if necessary; 
repetitive detailed inspections (for all helicopters) inside the 
overhead panel for the condition of the white protective tape on the 
anchor nuts, and for chafing of the cable harnesses and for correct 
clearance between the anchor nuts/screws and the cable harnesses, and 
corrective actions if necessary. Corrective actions include applying a 
white protective tape on the anchor nuts, replacement of incorrect 
length screws, replacement of damaged cables and fuses, rerouting of 
cable harnesses, replacement of supports, and removal and replacement 
of the white protective tape.
    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.

Differences Between This AD and the MCAI

    Although EASA AD 2021-0044 and the service information referenced 
in EASA AD 2021-0044 specify to submit certain information to the 
manufacturer, this AD does not include that requirement.

Interim Action

    The FAA considers this AD interim action. If final action is later 
identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this AD affects 128 helicopters of U.S. 
Registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                              Cost per          Cost on U.S.
              Action                      Labor cost         Parts cost        product           operators
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Inspection for chafing, clearance,  1 work-hour x $85 per              $0             $85  $10,880.
 screw length, and bonding.          hour = $85.
Repetitive inspections for          1 work-hour x $85 per          $0 per         $85 per  $10,880 per
 chafing, clearance, and tape        hour = $85 per            inspection      inspection   inspection cycle.
 condition.                          inspection cycle.              cycle           cycle
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    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
helicopters that might need these on-condition actions:

[[Page 67311]]



                                     Estimated Costs of On-Condition Actions
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace screws, cables, fuses, supports, and    5 work-hours x $85 per hour =               $600          $1.025
 protective tape; reroute harnesses.             $425.
Apply protective tape.........................  1 work-hour x $85 per hour = $85              50             135
Replace cables, fuses and protective tape.....  1 work-hour x $85 per hour = $85             600             685
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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:

2021-22-02 Leonardo S.p.a.: Amendment 39-21775; Docket No. FAA-2021-
0461; Project Identifier MCAI-2021-00156-R.

(a) Effective Date

    This airworthiness directive (AD) is effective January 3, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model AB139 and AW139 
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 a short circuit caused by 
chafing of the electrical wiring in the overhead panel. The FAA is 
issuing this AD to address a short circuit caused by chafing of the 
electrical wiring in the overhead panel, which could cause damaged 
electrical wiring, possible fire in the overhead panel, and loss of 
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 
2021-0044, dated February 5, 2021 (EASA AD 2021-0044).

(h) Exceptions to EASA AD 2021-0044

    (1) Where EASA AD 2021-0044 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0044 does not apply 
to this AD.
    (3) Where EASA AD 2021-0044 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (4) Where paragraphs (3) and (5) of EASA AD 2021-0044 refer to 
``any discrepancy,'' for this AD, discrepancies include chafing of 
the cable harnesses or incorrect clearance between the anchor nuts/
screws and the cable harnesses, incorrect length of the screws, 
inadequately bonded supports, and poor condition of the white 
protective tape.

(i) No Reporting Requirement

    Although EASA AD 2021-0044 and the service information 
referenced in EASA AD 2021-0044 specify to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

(j) 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 flight is straight, level, and avoids areas of known 
turbulence.

(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.

[[Page 67312]]

    (i) European Union Aviation Safety Agency (EASA) AD 2021-0044, 
dated February 5, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0044, 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-
2021-0461.
    (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 13, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-25691 Filed 11-24-21; 8:45 am]
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