[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7698-7701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02760]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1184; Project Identifier MCAI-2021-00573-R; 
Amendment 39-21905; AD 2022-02-08]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Leonardo S.p.a. Model AB412 and AB412 EP helicopters. This AD was 
prompted by a report that certain oil and fuel check valves are 
susceptible to cracking. This AD requires determining whether the 
affected oil and fuel check valves are installed, visually inspecting 
the oil and fuel check valves for any crack, and depending on the 
inspection results, removing certain parts from service. This AD also 
requires removing affected parts from service and installing 
serviceable parts, and prohibits the installation of affected parts 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 February 25, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 25, 
2022.
    The FAA must receive comments on this AD by March 28, 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 this material at the FAA, call (817) 222-5110. This material is also 
available at https://www.regulations.gov by searching for and locating 
Docket FAA-2021-1184.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1184; 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: Hal Jensen, Aerospace Engineer, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
950 L'Enfant Plaza N SW, Washington, DC 20024; telephone (202) 267-
9167; email [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 7699]]

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0126, dated May 10, 2021 (EASA 
AD 2021-0126) to correct an unsafe condition for all serial-numbered 
Leonardo S.p.a. (AgustaWestland S.p.A., formerly Agusta S.p.A., Agusta 
un'azienda di Finmeccanica S.p.A., Costruzioni Aeronautiche Giovanni 
Agusta) Model AB212, AB412, and AB412EP helicopters.
    EASA AD 2021-0126 was prompted by a report that due to the 
application of an incorrect torque level during the assembly process, 
certain oil and fuel check valves are susceptible to cracking, which 
may lead to fuel or oil leakage. The FAA is issuing this AD to detect 
cracks and prevent a lack of engine lubrication, fuel or oil leakage, 
and loss of fuel supply to the engine, possibly resulting in an engine 
in-flight shut-down or fire and subsequent loss of control of the 
helicopter. See EASA AD 2021-0126 for additional background 
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0126 specifies procedures for identification and 
inspection of the oil check valve part number (P/N) 209-062-520-1 and 
fuel check valve P/N 209-062-607-1, manufactured by Circor Aerospace 
which exceed certain dimensions, except those which have had the 
correct torque level applied. For certain helicopters, EASA AD 2021-
0126 specifies procedures for visually inspecting the oil and fuel 
check valves for fuel leaks and cracks at intervals not to exceed 25 
flight hours or 3 months, whichever occurs first, and depending on the 
inspection results, replacing the affected parts with serviceable 
parts. For certain helicopters EASA AD 2021-0126 also requires 
replacing each affected part with a serviceable part, which is 
considered a terminating action for the recurring inspections. The 
``Reason'' section of EASA AD 2021-0126 requires removing certain parts 
from service. Although the ``Required Action(s) and Compliance 
Time(s)'' section of EASA AD 2021-0126 does not specifically state that 
affected parts should be removed from service, for clarification, EASA 
AD 2021-0126 requires the removal from service of the affected parts as 
defined in EASA AD 2021-0126. EASA AD 2021-0126 also prohibits 
installing an affected part on any helicopter.
    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. 
412-166, dated March 30, 2021, which specifies procedures to identify 
and inspect the fuel check valve P/N 209-062-607-1. The FAA also 
reviewed Leonardo Helicopters Alert Service Bulletin No. 412-167, dated 
March 30, 2021, which specifies procedures to identify and inspect the 
oil check valve P/N 209-062-520-1.

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 2021-0126 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.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2021-0126, 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 2021-0126.''

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 2021-0126 is 
incorporated by reference in this AD. This AD, therefore, requires 
compliance with EASA AD 2021-0126 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 2021-0126 that is required for 
compliance with EASA AD 2021-0126 is available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-1184.

Differences Between This AD and EASA AD 2021-0126

    EASA AD 2021-0126 applies to all serial-numbered Model AB212, AB412 
and AB412EP helicopters, whereas this AD only applies to Model AB412 
and AB412 EP helicopters. This AD does not apply to Model AB212 
helicopters because that model is not FAA type-certificated. Service 
information referenced in EASA AD 2021-0126 specifies sending 
compliance forms to the manufacturer; this AD does not.

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. 
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-2021-1184; Project Identifier MCAI-
2021-00573-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

[[Page 7700]]

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 Hal 
Jensen, Aerospace Engineer, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC 
20024; telephone (202) 267-9167; 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 prior notice and comment, RFA analysis is not 
required.

Costs of Compliance

    There are no costs of compliance with this AD because there are no 
helicopters with these type certificates on the U.S. Registry.

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:

2022-02-08 Leonardo S.p.a.: Amendment 39-21905; Docket No. FAA-2021-
1184; Project Identifier MCAI-2021-00573-R.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 25, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB412 and AB412 EP 
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 7320, Fuel 
Controlling system.

(e) Unsafe Condition

    This AD was prompted by a report that certain oil and fuel check 
valves are susceptible to cracking. The FAA is issuing this AD to 
detect cracks and prevent a lack of engine lubrication, fuel or oil 
leakage, and loss of fuel supply to the engine, possibly resulting 
in an engine in-flight shut-down or fire and subsequent 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 
2021-0126, dated May 10, 2021 (EASA AD 2021-0126).

(h) Exceptions to EASA AD 2021-0126

    (1) Where EASA AD 2021-0126 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0126 does not apply 
to this AD.
    (3) Where EASA AD 2021-0126 refers to flight hours (FH), this AD 
requires using hours time-in-service (TIS).
    (4) Where paragraph (1) of EASA AD 2021-0126 specifies ``inspect 
the helicopter in accordance with the instructions of Part I of the 
applicable ASB to determine if the helicopter is Group 1 or Group 
2,'' for this AD replace ``in accordance with the instructions of 
Part I of the applicable ASB'' with ``in accordance with the 
Accomplishment Instructions, Part I, paragraphs 2. through 3.2 of 
the of the applicable ASB.''
    (5) Where paragraph (2) of EASA AD 2021-0126 specifies ``inspect 
each affected part in accordance with the instructions of Part II of 
the applicable ASB,'' for this AD replace ``in accordance with the 
instructions of Part II of the applicable ASB'' with ``in accordance 
with the Accomplishment Instructions, Part II, paragraphs 3. and 3.1 
of the applicable ASB.''

(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 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 no passengers are onboard.

[[Page 7701]]

(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 Hal Jensen, 
Aerospace Engineer, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC 
20024; telephone (202) 267-9167; 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 2021-0126, 
dated May 10, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0126, 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-
2021-1184.
    (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 January 7, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-02760 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-13-P