[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Rules and Regulations]
[Pages 66077-66080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23777]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1307; Project Identifier MCAI-2022-01331-R; 
Amendment 39-22218; AD 2022-22-03]
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 AB139 and AW139 helicopters. This AD was 
prompted by a report of smoke and fire in the cockpit. This AD requires 
inspecting the forward cabin roof ceiling harnesses and installation, 
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 November 17, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 17, 
2022.
    The FAA must receive comments on this AD by December 19, 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 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.
    AD Docket: You may examine the AD docket at regulations.gov by 
searching for and locating Docket No. FAA-2022-1307; 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 street address for Docket 
Operations is listed above.

Material Incorporated by Reference

     For EASA material incorporated by reference (IBR) in this 
final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; telephone +49 221 8999 000; email [email protected]; internet 
easa.europa.eu. You may find this IBR material on the EASA website at 
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 at regulations.gov by searching for and locating Docket No. 
FAA-2022-1307.
    Other Related Service Information: For Leonardo Helicopters service 
information identified in this final rule, 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 
customerportal.leonardocompany.com/en-US/. This service information is 
also available at the contact information under Material Incorporated 
by Reference above.

[[Page 66078]]


FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Acting Program 
Manager, COS Program Management Section, Operational Safety Branch, 
Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort 
Worth, TX 76177; telephone (817) 222-5110; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA Emergency AD 2022-0209-E, dated October 
12, 2022 (EASA AD 2022-0209-E), to correct an unsafe condition for 
certain serial-numbered Leonardo S.p.A. Helicopters, formerly 
Finmeccanica S.p.A, AgustaWestland S.p.A., Agusta S.p.A.; and 
AgustaWestland Philadelphia Corporation, formerly Agusta Aerospace 
Corporation, Model AB139 and AW139 helicopters.
    This AD was prompted by a report of smoke and fire in the cockpit 
and subsequent reduced control of the helicopter. The FAA is issuing 
this AD to address improper installation of the forward cabin roof 
ceiling harnesses, which could result in damage of the electrical 
wiring, fire in the forward cabin roof ceiling, and possible loss of 
control of the helicopter. See EASA AD 2022-0209-E for additional 
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0209-E requires a one-time borescope inspection of the 
cable installation, and a one-time visual inspection for damage of the 
cables and the diode in the forward cabin roof ceiling. Depending on 
the results, EASA AD 2022-0209-E requires an additional inspection, 
contacting Leonardo for approved corrective action(s) instructions and 
accomplishing those instructions accordingly, restoring the correct 
installation of the cables, or restoring the required clearance.
    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 Emergency Alert Service 
Bulletin No. 139-731, dated October 11, 2022. This service information 
specifies procedures for borescope inspecting the forward cabin roof 
ceiling harnesses installation in the area between STA 3120 and 3400, 
and depending on the results, inspecting the harnesses for chafing and 
damage, inspecting the torque tube C3 for damage, adjusting the strip 
installation, and contacting Leonardo for further instruction. This 
service information also specifies procedures for inspecting the diode 
A77 harness installation in the area between STA 3400 and 3900 for 
chafing and damage, ensuring the minimum clearance between the harness 
and diode A77 and if necessary, re-routing the cable harnesses to meet 
the minimum clearance, visually inspecting diode A77 for damage, and 
depending on the results, contacting Leonardo for further instruction.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Italy and are approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with Italy, EASA, its technical 
representative, has notified the FAA of the unsafe condition described 
in its emergency AD. 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 helicopters of these same 
type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2022-0209-E, described previously, as IBRed, except for any differences 
identified as exceptions in the regulatory text of this AD and except 
as discussed under ``Differences Between this 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, 
EASA AD 2022-0209-E is IBRed in this FAA final rule. This AD, 
therefore, requires compliance with EASA AD 2022-0209-E 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 EASA AD 2022-
0209-E 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 2022-0209-E. Service information referenced in 
EASA AD 2022-0209-E for compliance will be available at regulations.gov 
by searching for and locating Docket No. FAA-2022-1307 after this final 
rule is published.

Differences Between This AD and the EASA AD

    EASA AD 2022-0209-E requires contacting Leonardo for approved 
corrective action(s) instructions, where this AD requires repair done 
in accordance with a specified method. EASA AD 2022-0209-E specifies 
reporting certain inspection results within 30 days after completing 
the inspection, where this AD requires reporting those inspection 
results within 10 days after completing the inspection.

Interim Action

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

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.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule 
because damage and chafing of the forward cabin roof ceiling harnesses 
could lead to smoke and fire in the cockpit and possible reduced flight 
control during any phase of flight without any previous indications. 
This unsafe condition was discovered after an initial investigation 
following a recent occurrence of smoke and fire ignition in the cockpit 
and reduced control of a Model AW139 helicopter, and this condition may 
currently exist in other helicopters. Therefore, the initial action 
required by this AD must be accomplished within 10 hours time-

[[Page 66079]]

in-service. This compliance time is shorter than the time necessary for 
the public to comment and for publication of the final rule. 
Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B).
    In addition, 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, 
for the same reasons the FAA found good cause to forego notice and 
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-1307; Project Identifier MCAI-
2022-01331-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

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 Kristi 
Bradley, Acting Program Manager, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; 
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

    The requirements of the Regulatory Flexibility Act (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

    The FAA estimates that this AD affects 126 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 AD.
    Inspecting the harness installation, and if required, inspecting 
for chafing and damage and correcting the installation, takes up to 
about 2 work-hours for an estimated cost of up to $170 per helicopter 
and $21,420 for the U.S. fleet. Inspecting the diode harness 
installation for chafing and damage and ensuring required clearance, 
and if required, re-routing the harness, takes up to about 10 work-
hours for an estimated cost of up to $850 per helicopter and $107,100 
for the U.S. fleet. The FAA has no way of knowing the costs to 
accomplish approved repairs. If required, reporting information takes 
about 1 work-hour for an estimated cost of $85.
    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.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

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, I certify that this AD:
    (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:

[[Page 66080]]

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:

2022-22-03 Leonardo S.p.a.: Amendment 39-22218; Docket No. FAA-2022-
1307; Project Identifier MCAI-2022-01331-R.

(a) Effective Date

    This airworthiness directive (AD) is effective November 17, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB139 and AW139 
helicopters serial numbers (S/Ns) 31005 through 31984 inclusive 
(except S/Ns 31007, 31803, 31959, 31967, 31969, 31974, 31982, and 
31983), S/Ns 41001 through 41580 inclusive, and S/Ns 41801 through 
41806 inclusive, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 2497, Electrical 
Power System Wiring.

(e) Unsafe Condition

    This AD was prompted by a report of smoke and fire in the 
cockpit and subsequent reduced control of the helicopter. The FAA is 
issuing this AD to address improper installation of the forward 
cabin roof ceiling harnesses. The unsafe condition, if not 
addressed, could result in damage of the electrical wiring, fire in 
the forward cabin roof ceiling, and possible 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 Emergency AD 
2022-0209-E, dated October 12, 2022 (EASA AD 2022-0209-E).

(h) Exceptions to EASA AD 2022-0209-E

    (1) Where EASA AD 2022-0209-E requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2022-0209-E refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where the service information referenced in EASA AD 2022-
0209-E specifies to contact Product Support Engineering in order to 
receive further instruction and where EASA AD 2022-0209-E requires 
contacting Leonardo for approved corrective action(s) instructions, 
this AD requires repair done 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.
    (4) Where paragraph (9) of EASA AD 2022-0209-E specifies 
reporting inspection results to Leonardo within 30 days after 
completing an inspection that detects any discrepancy, this AD 
requires reporting those inspection results at the applicable 
compliance time in paragraph (h)(4)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 10 days after completing the 
inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 10 days after the effective date 
of this AD.
    (5) The ``Remarks'' section of EASA AD 2022-0209-E does not 
apply to this AD.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199, provided no passengers are onboard.

(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) 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

    For more information about this AD, contact Kristi Bradley, 
Acting Program Manager, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; 
email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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) Emergency AD 
2022-0209-E, dated October 12, 2022.
    (ii) [Reserved]
    (3) For EASA Emergency AD 2022-0209-E, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 
email [email protected]; internet easa.europa.eu. You may find the 
EASA material on the EASA website at 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.
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 14, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-23777 Filed 10-27-22; 4:15 pm]
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