[Federal Register Volume 87, Number 54 (Monday, March 21, 2022)]
[Proposed Rules]
[Pages 15894-15896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05590]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / 
Proposed Rules  

[[Page 15894]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0282; Project Identifier MCAI-2021-01208-R]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Leonardo S.p.a. Model AW169 helicopters. This proposed AD 
was prompted by a report of a blockage in a fuel tank vent line. This 
proposed AD would require inspecting the fuel tank vent lines, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is proposed for incorporation by reference (IBR). The FAA is proposing 
this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 5, 
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 that is proposed for 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 the EASA material on the EASA website at https://ad.easa.europa.eu. For Leonardo Helicopters service information 
identified in this NPRM, contact Leonardo S.p.a. Helicopters, Emanuele 
Bufano, Head of Airworthiness, Viale G.Agusta 520, 21017 C.Costa di 
Samarate (Va) Italy; telephone +39-0331-225074; fax +39-0331-229046; or 
at https://customerportal.leonardocompany.com/en-US/. 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. The EASA material is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0282.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0282; 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 NPRM, 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:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-0282; Project Identifier 
MCAI-2021-01208-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. 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.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0238, dated November 2, 2021 
(EASA AD 2021-0238), to correct an unsafe condition for Leonardo 
S.p.a., formerly Finmeccanica S.p.A., AgustaWestland S.p.A., Model 
AW169 helicopters, serial numbers (S/N) from 69006 up to 69125 
inclusive, except S/N 69040; and S/N 69130, 69132, 69133, 69134, 69136, 
and 69139.
    This proposed AD was prompted by a report of a blockage in a fuel 
tank vent line. The FAA is proposing this AD to detect and address the 
blockage, which

[[Page 15895]]

if not addressed, could result in dual engine flameout due to fuel 
starvation and a subsequent forced landing. See EASA AD 2021-0238 for 
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0238 requires a one-time inspection of the fuel tank 
vent lines and, depending on findings, accomplishment of applicable 
corrective action(s).
    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 also reviewed Leonardo Helicopters Alert Service Bulletin 
No. 169-205, dated September 20, 2021. This service information 
specifies procedures for a one-off boroscopic inspection of the right 
and left fuel tank vent lines.

FAA's Determination

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA about the 
unsafe condition described in its AD. The FAA is proposing this AD 
after evaluating all known relevant information and determining that 
the unsafe condition described previously is likely to exist or develop 
on other helicopters of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0238, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed AD and the EASA AD.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2021-0238 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0238 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2021-0238 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 EASA AD 2021-
0238. Service information referenced in EASA AD 2021-0238 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0282 after the FAA final 
rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2021-0238 states to remove the sealant obstructions in 
accordance with the instructions of the service information and to 
contact Leonardo for approved corrective actions instructions and 
accomplishing those instructions within the compliance time specified 
therein; whereas, this proposed AD would require repair done before 
further flight in accordance with a method approved by the Manager, 
General Aviation and Rotorcraft Section, International Validation 
Branch, FAA; or EASA; or Leonardo S.p.a. Helicopters' EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval must 
include the DOA-authorized signature.
    EASA AD 2021-0238 states to inspect the fuel tank vent lines in 
accordance with the instructions of the service information, which 
specifies inspecting for evidence of a partial or total Proseal 
obstruction. This proposed AD would require inspecting for a partial or 
total Proseal obstruction.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 6 helicopters of U.S. Registry. Labor rates are estimated at $85 
per work-hour. Based on these numbers, the FAA estimates the following 
costs to comply with this proposed AD.
    Boroscopic inspecting the fuel tank vent lines would take 
approximately 6 work-hours for an estimated cost of $510 per helicopter 
and up to $3,060 for the U.S. fleet. The FAA has no way of knowing the 
cost to repair a fuel tank vent line.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.

[[Page 15896]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

Leonardo S.p.a.: Docket No. FAA-2022-0282; Project Identifier MCAI-
2021-01208-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 5, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AW169 helicopters, 
certificated in any category, as identified in European Union 
Aviation Safety Agency (EASA) AD 2021-0238, dated November 2, 2021 
(EASA AD 2021-0238).

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2800, Aircraft 
Fuel System.

(e) Unsafe Condition

    This AD was prompted by a report of blockage in a fuel tank vent 
line. The FAA is issuing this AD to detect and address the blockage. 
The unsafe condition, if not addressed, could result in dual engine 
flameout due to fuel starvation and a subsequent forced landing.

(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 2021-0238.

(h) Exceptions to EASA AD 2021-0238

    (1) Where EASA AD 2021-0238 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2021-0238 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where the service information referenced in paragraph (1) of 
EASA AD 2021-0238 specifies recording the inspection outcome in the 
report in ANNEX A (of the service information), this AD does not 
require that action.
    (4) Where the service information referenced in paragraph (1) of 
EASA AD 2021-0238 specifies inspecting ``the left/right vent line 
for evidence of a partial or total Proseal obstruction,'' this AD 
requires inspecting for a partial or total Proseal obstruction.
    (5) Where the service information referenced in EASA AD 2021-
0238 specifies immediately contacting Leonardo Company Product 
Support Engineering and waiting for further instructions before 
proceeding if there is any Proseal obstruction in any fuel tank vent 
line, this AD does not require that action.
    (6) Where the service information referenced in paragraph (2) of 
EASA AD 2021-0238 specifies to ``carefully remove the Proseal 
obstruction by means of a suitable method,'' this AD requires, 
before further flight, accomplishing repairs in accordance with a 
method approved by the Manager, General Aviation & Rotorcraft 
Section, International Validation Branch, FAA; or EASA; or Leonardo 
S.p.a. Helicopters' EASA Design Organization Approval (DOA). If 
approved by the DOA, the approval must include the DOA-authorized 
signature.
    (7) Where paragraph (2) of EASA AD 2021-0238 specifies 
contacting Leonardo for approved corrective actions and 
accomplishing those instructions within the compliance time 
specified therein, this AD requires, before further flight, 
accomplishing repairs in accordance with a method approved by the 
Manager, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA; or EASA; or Leonardo S.p.a. Helicopters' 
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
    (8) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0238.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0238 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(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)(2) 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

    (1) For EASA AD 2021-0238, 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 the 
EASA 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 may be found in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0282.
    (2) 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].

    Issued on March 10, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-05590 Filed 3-18-22; 8:45 am]
BILLING CODE 4910-13-P