[Federal Register Volume 87, Number 240 (Thursday, December 15, 2022)]
[Rules and Regulations]
[Pages 76553-76557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27296]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1584; Project Identifier MCAI-2022-01522-R; 
Amendment 39-22281; AD 2022-26-03]
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 all 
Leonardo S.p.a. Model AW169 helicopters. This AD was prompted by a 
report of a protruding pushbutton screw (screw) on a cockpit door 
internal handle resulting in an interference with

[[Page 76554]]

the collective stick travel. This AD requires inspecting each screw and 
depending on the results, modifying the cockpit door handle and 
reporting information, as specified in a European Union Aviation Safety 
Agency (EASA) AD, which is incorporated by reference. This AD also 
prohibits installing an affected door handle assembly unless certain 
actions are accomplished. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD becomes effective December 30, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 30, 
2022.
    The FAA must receive comments on this AD by January 30, 2023.

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 under 
Docket No. FAA-2022-1584; 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 address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material that is 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 the 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 at 
regulations.gov under Docket No. FAA-2022-1584.
    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 FAA contact information under Material 
Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Michael Hughlett, Aerospace Engineer, 
General Aviation & Rotorcraft Section, International Validation 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 2022-0233-E, dated 
November 30, 2022 (EASA AD 2022-0233-E), to correct an unsafe condition 
for Leonardo S.p.A. Helicopters, formerly Finmeccanica S.p.A., 
AgustaWestland S.p.A., Model AW169 helicopters, all serial numbers.
    This AD was prompted by a report of a protruding screw on the left-
hand (LH) cockpit door internal handle resulting in an interference 
with the collective stick travel. The FAA is issuing this AD to address 
a discrepancy with the screw. The unsafe condition, if not addressed, 
could result in reduced collective stick authority and subsequent 
reduced control of the helicopter. See EASA AD 2022-0233-E for 
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0233-E requires a one-time inspection of the LH and 
right-hand (RH) pilot and co-pilot door handle assemblies having part 
number (P/N) 4F5211A02331 for marking of green paint on the screw. If 
no green paint is found during the inspection, EASA AD 2022-0233-E 
requires inspecting the condition and torque of the screw and modifying 
the cockpit door handle. Depending on the results of the inspection, 
EASA AD 2022-0233-E also requires reporting any discrepancy or loose 
screw to Leonardo Helicopters. Additionally, EASA AD 2022-0233-E 
prohibits installing a pilot and co-pilot door handle assembly P/N 
4F5211A02331 unless certain requirements are met.
    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. 169-228, dated November 29, 2022. This service information 
specifies procedures for inspecting the screw head installed on the LH 
and RH door handle assemblies for green paint. If there is no green 
paint, this service information specifies procedures for inspecting the 
condition of the screw and inspecting the screw for proper tightening. 
If there are any anomalies or a loose screw, this service information 
specifies reporting the finding to Product Support Engineering. This 
service information also specifies procedures to modify the door handle 
assembly by applying a sealing compound, applying torque, and painting 
the screw head green.

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 the same type 
design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2022-0233-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 2022-0233-E is IBRed in this FAA final rule. This AD, 
therefore, requires compliance with EASA AD 2022-0233-E in its entirety 
through that incorporation, except for any differences identified as

[[Page 76555]]

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-
0233-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 2022-0233-E. Service information referenced in 
EASA AD 2022-0233-E for compliance will be available at regulations.gov 
under Docket No. FAA-2022-1584 after this final rule is published.

Differences Between This AD and the EASA AD

    The service information referenced in EASA AD 2022-0233-E specifies 
checking the screw for condition and proper tightening, and if there 
are any anomalies or loose screws, reporting the finding to Product 
Support Engineering. This AD requires inspecting the screw for a 
discrepancy, which may be indicated by a protruding screw head, 
improper torque, or a loose screw. If there is any discrepancy, this AD 
requires replacing the screw with an airworthy screw.
    EASA AD 2022-0233-E specifies reporting inspection results within 7 
days after completing an inspection that detects any discrepancy or 
loose screw, whereas this AD requires reporting those inspection 
results within 10 days after completing the inspection, if the 
inspection was done on or after the effective date of this AD; or 
reporting those inspection results within 10 days after the effective 
date of this AD, if the inspection was done before the effective date 
of this AD. Additionally, for the purposes of this AD, a discrepancy 
may be indicated by a protruding screw head, improper torque, or loose 
screw.

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 when an affected component fails, the proximity of the affected 
component could create interference with part of an assembly that is 
critical to the control of a helicopter. This unsafe condition may 
currently exist in other helicopters and consequences of this unsafe 
condition could occur during any phase of flight without any previous 
indications. In addition, the compliance time for the initial 
inspection is within 13 hours time-in-service or 30 days, whichever 
occurs first after the effective date of this AD, which 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-2022-1584; Project Identifier MCAI-
2022-01522-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 Michael 
Hughlett, Aerospace Engineer, General Aviation & Rotorcraft Section, 
International Validation 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 prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 11 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.
    Visually inspecting each screw head for green paint takes a minimal 
amount of time for a nominal cost.
    If required, inspecting a non-painted screw and modifying the door 
handle assembly takes about 0.5 work-hour for an estimated cost of $43 
per door handle assembly.
    If required, replacing a screw with an airworthy screw takes a 
minimal amount of time and has a nominal parts cost.
    If required, reporting information takes about 1 work-hour for an 
estimated cost of $85.

[[Page 76556]]

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:

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:

2022-26-03 Leonardo S.p.a.: Amendment 39-22281; Docket No. FAA-2022-
1584; Project Identifier MCAI-2022-01522-R.

(a) Effective Date

    This airworthiness directive (AD) is effective December 30, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model AW169 helicopters, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 5200, Doors.

(e) Unsafe Condition

    This AD was prompted by a report of a protruding pushbutton 
screw (screw) on the left-hand cockpit door internal handle 
resulting in an interference with the collective stick travel. The 
FAA is issuing this AD to address a discrepancy with the screw. The 
unsafe condition, if not addressed, could result in reduced 
collective stick authority and subsequent reduced 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 
2022-0233-E, dated November 30, 2022 (EASA AD 2022-0233-E).

(h) Exceptions to EASA AD 2022-0233-E

    (1) Where EASA AD 2022-0233-E requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2022-0233-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-
0233-E specifies ``check for condition and proper tightening of the 
cockpit door handle screw. In case of any anomalies or screw loose, 
report the finding to Product Support Engineering;'' for this AD, 
replace that text with ``inspect the screw for a discrepancy, which 
may be indicated by a protruding screw head, improper torque, or 
loose screw. If there is any discrepancy, before further flight, 
replace the screw with an airworthy screw.'' Inspection results are 
still required to be reported in accordance with paragraph (3) of 
EASA AD 2022-0233-E.
    (4) Where paragraph (3) of EASA AD 2022-0233-E specifies 
reporting inspection results to Leonardo S.p.a. within 7 days after 
completing an inspection that detects any discrepancy or loose 
screw, this AD requires reporting those inspection results at the 
applicable compliance time in paragraph (h)(4)(i) or (ii) of this 
AD. Additionally, for the purposes of this AD, a discrepancy may be 
indicated by a protruding screw head, improper torque, or loose 
screw.
    (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) This AD does not adopt the Remarks paragraph of EASA AD 
2022-0233-E.

(i) Special Flight Permit

    Special flight permits are prohibited.

(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 Michael Hughlett, 
Aerospace Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, Compliance & Airworthiness 
Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 
(817) 222-5110; email [email protected].

[[Page 76557]]

(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 
2022-0233-E, dated November 30, 2022.
    (ii) [Reserved]
    (3) For EASA Emergency AD 2022-0233-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 December 7, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-27296 Filed 12-13-22; 4:15 pm]
BILLING CODE 4910-13-P