[Federal Register Volume 86, Number 241 (Monday, December 20, 2021)]
[Rules and Regulations]
[Pages 71825-71828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27388]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1060; Project Identifier MCAI-2021-00340-R; 
Amendment 39-21851; AD 2021-25-08]
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 AW189 helicopters. This AD was prompted 
by the determination that certain part-numbered fairings were never 
introduced into the main rotor (MR) tip lights kit design definition 
and were not certified for icing conditions. This AD requires replacing 
affected parts. This AD also prohibits, after modification of the 
helicopter as required, installing any affected part on any helicopter 
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 January 4, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 4, 
2022.
    The FAA must receive comments on this AD by February 3, 2022.

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 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. 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 the EASA material at the FAA, call (817) 222-5110. The EASA material 
is also available at https://www.regulations.gov by searching for and 
locating Docket FAA-2021-1060.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1060; 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: 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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0078, dated March 17, 2021 
(EASA AD 2021-0078) to correct an unsafe condition for certain 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 AW189 helicopters.
    EASA AD 2021-0078 was prompted by a design review which identified 
that fairing part number (P/N) 8G3340A12532 left-hand (LH) and P/N 
8G3340A12632 right-hand (RH) used during icing trials activity 
conducted for the certification of Full Ice Protection System and 
Limited Ice Protection System kits had never been introduced in the MR 
tip light kit P/N 8G3340F00411 design definition. The MR tip light kit 
P/N 8G3340F00411 is currently composed of two other fairing part 
numbers, P/N 8G3340A12531 LH and P/N 8G3340A12631 RH installed in the 
vicinity of each engine air intake. EASA AD 2021-0078 advises the 
fairing part numbers that are currently installed could cause 
significant ice accretion during operations in icing conditions.
    The FAA is issuing this AD to address ice shedding ingestion by the 
engines,

[[Page 71826]]

which could lead to a double engine in-flight shut-down and consequent 
loss of control of the helicopter. See EASA AD 2021-0078 for additional 
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0078 specifies procedures for installation of rescue 
hoist kit removable parts (temporary actions) and replacement of 
affected parts with serviceable parts in accordance with the 
manufacturer's service information. EASA AD 2021-0078 prohibits 
installing any affected part after modification as required by the EASA 
AD. EASA AD 2021-0078 considers the modification a terminating action 
for the temporary actions required by the EASA AD.
    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 Leonardo Helicopters Alert Service Bulletin 
No.189-265, dated March 4, 2021. This service information provides 
instructions to install the rescue hoist kit ``removable'' parts as a 
temporary action until modification of the helicopter. This service 
information also provides instructions to install the MR tip light 
fairing modification P/N 8G3340P02411.

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 2021-0078 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 
the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2021-0078, 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 
EASA AD 2021-0078.''

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 2021-0078 is 
incorporated by reference in this AD. This AD, therefore, requires 
compliance with EASA AD 2021-0078 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 2021-0078 that is required for 
compliance with EASA AD 2021-0078 is available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-1060.

Differences Between This AD and EASA AD 2021-0078

    Service information referenced in EASA AD 2021-0078 specifies 
sending compliance forms to the manufacturer; this AD does not. 
Paragraph (2) of EASA AD 2021-0078 specifies a compliance time of 400 
flight hours or 12 months, whichever occurs first. However, this AD 
requires a compliance time of 400 hours time-in-service after the 
effective date of this AD. This AD does not require compliance with 
paragraph (1) or paragraph (4) of EASA AD 2021-0078. EASA AD 2021-0078 
paragraph (4) considers modification of the helicopter a terminating 
action for installing the rescue hoist kit ``removable'' parts on the 
helicopter. As this AD does not require installing the rescue hoist kit 
``removable'' parts, this AD does not provide a terminating action for 
installing the rescue hoist ``removable'' parts.

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.
    There are currently no domestic operators of these products 
affected by the unsafe condition addressed by this AD. Accordingly, 
notice and opportunity for prior public comment are unnecessary, 
pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the foregoing 
reasons, the FAA finds that good cause exists pursuant to 5 U.S.C. 
553(d) for making this amendment effective in less than 30 days.

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- FAA-2021-1060; Project Identifier 
MCAI-2021-00340-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

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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 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]. 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

    There are no costs of compliance with this AD because there are 
currently no helicopters with this type certificate on the U.S. 
Registry that are affected by the unsafe condition addressed by this 
AD.

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:

2021-25-08 Leonardo S.p.a.: Amendment 39-21851; Docket No. FAA-2021-
1060; Project Identifier MCAI-2021-00340-R.

(a) Effective Date

    This airworthiness directive (AD) becomes effective January 4, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AW189 helicopters, 
certificated in any category, as identified in European Union 
Aviation Safety Agency AD 2021-0078, dated March 17, 2021 (EASA AD 
2021-0078).

(d) Subject

    Joint Aircraft System Component (JASC) Code 3300, Lighting 
System.

(e) Unsafe Condition

    This AD was prompted by the determination that certain part-
numbered fairings were never introduced into the main rotor tip 
lights kit design definition and were not certified for icing 
conditions. The FAA is issuing this AD to address ice shedding 
ingestion by the engines, which could lead to a double engine in-
flight shut-down and consequent 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, EASA AD 2021-0078.

(h) Exceptions to EASA AD 2021-0078

    (1) Where EASA AD 2021-0078 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0078.
    (3) Where EASA AD 2021-0078 refers to flight hours (FH), this AD 
requires using hours time-in-service (TIS).
    (4) This AD does not mandate compliance with paragraph (1) of 
EASA AD 2021-0078.
    (5) Where paragraph (4) of EASA AD 2021-0078 specifies that 
modification of a helicopter is a terminating action for the 
requirements of paragraph (1) of EASA AD 2021-0078, this AD does not 
provide a terminating action for the requirements of paragraph (1) 
of EASA AD 2021-0078 because this AD does not mandate compliance 
with paragraph (1) of EASA AD 2021-0078.
    (6) Where paragraph (2) of EASA AD 2021-0078 specifies a 
compliance time of within 400 flight hours or 12 months, whichever 
occurs first, this AD requires compliance within 400 hours TIS after 
the effective date of this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0078 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permits

    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 it is not flown into known icing conditions.

(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)(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.

(l) Related Information

    (1) 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].
    (2) Service information identified in this AD that is not 
incorporated by reference is

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available at the addresses specified in paragraphs (m)(3) of this 
AD.

(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 AD 2021-0078, dated 
March 17, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0078, 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-
2021-1060.
    (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 December 2, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-27388 Filed 12-17-21; 8:45 am]
BILLING CODE 4910-13-P