[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Rules and Regulations]
[Pages 68892-68894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26333]



[[Page 68892]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0697; Project Identifier MCAI-2020-01540-R; 
Amendment 39-21802; AD 2021-23-04]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Leonardo S.p.a. Model A109E helicopters. This AD was prompted 
by reports of cracking in the center fuselage frame assembly in the 
intersection of the lateral pylon and floor spar at station (STA) 1815 
on the left- and right-hand sides. This AD requires repetitive 
inspections of the intersection of the lateral pylon and floor spar at 
STA 1815 for cracking and, depending on the findings, repair, 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 is effective January 10, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 10, 
2022.

ADDRESSES: 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 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. It is also available 
in the AD docket at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0697.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0697; 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, the 
EASA AD, any comments received, and other information. The address for 
Docket Operations is U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.

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 2020-0256, dated November 17, 2020 
(EASA AD 2020-0256), to correct an unsafe condition for Leonardo 
S.p.A., formerly Finmeccanica S.p.A., AgustaWestland S.p.A., and Agusta 
S.p.A., Model A109E helicopters, serial numbers 11001 through 11674 
inclusive.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Leonardo S.p.a. 
Model A109E helicopters. The NPRM published in the Federal Register on 
August 26, 2021 (86 FR 47608). The NPRM was prompted by reports of 
cracking in the center fuselage frame assembly in the intersection of 
the lateral pylon and floor spar at STA 1815 on the left- and right-
hand sides. The NPRM proposed to require repetitive inspections of the 
intersection of the lateral pylon and floor spar at STA 1815 for 
cracking and, depending on the findings, repair, as specified in EASA 
AD 2020-0256.
    The FAA is issuing this AD to address cracking in the intersection 
of the lateral pylon and floor spar at STA 1815 on the left- and right-
hand sides, which, if not addressed, could affect the structural 
integrity of the helicopter. See EASA AD 2020-0256 for additional 
background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from one commenter. The commenter was an 
individual. The following presents the comment received on the NPRM and 
the FAA's response to that comment.

Request for Terminating Action

    An individual requested that the NPRM include a terminating action 
for the repetitive inspections once an operator has completed the 
repairs using the procedures in Parts II and III of the Accomplishment 
Instructions of Leonardo Helicopters Alert Service Bulletin 109EP-173, 
dated November 10, 2020. The commenter did not provide justification 
for this request, but the FAA infers that it is because the NPRM does 
not provide a terminating action for the repetitive inspections.
    The FAA does not agree with the commenter's request. Neither EASA 
AD 2020-0256, nor Leonardo Helicopters Alert Service Bulletin 109EP-
173, dated November 10, 2020, provide terminating action for the 
repetitive inspections specified in Paragraph (1), ``Repetitive 
Inspection,'' of EASA AD 2020-0256. Paragraph (4), ``Terminating 
Action,'' of EASA AD 2020-0256 states ``None.'' Paragraph (3), 
``Corrective Action(s),'' of EASA AD 2020-0256 specifies that, after 
accomplishing a repair in an affected area using Parts II (for the 
left-hand side) and III (for the right-hand side) of the Accomplishment 
Instructions of Leonardo Helicopters Alert Service Bulletin 109EP-173, 
dated November 10, 2020, the next inspection can be deferred, but the 
repetitive inspections of the affected area must continue. Leonardo 
Helicopters has not provided a modification to the affected area that 
eliminates the unsafe condition identified in this AD; therefore, the 
FAA cannot include a terminating action in this AD. The FAA has not 
changed this AD in regard to this issue.

Conclusion

    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 reviewed the relevant 
data, considered the comment received, and determined that air safety 
requires adopting this AD as proposed. Accordingly, the FAA is issuing 
this AD to address the unsafe condition on these helicopters. Except 
for minor editorial changes, this AD is adopted as proposed in the 
NPRM. None of the changes will increase the economic burden on any 
operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0256 requires repetitive inspections of STA 1815 for 
cracking, fluorescent liquid penetrant

[[Page 68893]]

inspections of any cracking to determine the extent of the cracking, 
and repair if necessary. For both the left- and right-hand side repair, 
the actions include removing equipment and furnishings to gain access 
to the work area; testing the flight control system for correct travel 
of the flight controls; performing an operational test of the cockpit 
and passenger doors caution system; installing a new forward cap; 
installing a new angle, butt strap, and web; installing new cotter 
pins; and reinstalling the removed equipment and furnishings when the 
repair is complete.
    For the left-hand side repair, the actions also include replacing 
the nut plates with new nut plates, and an operational test of the 
collective control system and tail rotor control system. For the right-
hand side repair, the actions include an operational test of the cyclic 
control system.
    This service information 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.

Differences Between This AD and the EASA AD

    EASA AD 2020-0256 specifies to accomplish corrective actions if 
``any crack is detected in an affected area'' during a required 
inspection. Figure 1 of the service information referenced in EASA AD 
2020-0256 depicts the affected area, but the FWD bulkhead is mislabeled 
as AFT. This AD includes an exception to clarify the correct location 
of the FWD bulkhead depicted in Figure 1.

Costs of Compliance

    The FAA estimates that this AD affects 70 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.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.......................  6 work-hours x $85               $0  $510 per inspection  $35,700 per
                                    per hour = $510                      cycle.               inspection cycle.
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary repairs 
that would be required based on the results of the inspection. The 
agency has no way of determining the number of helicopters that might 
need these repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Repair left-hand side......................  120 work-hours x $85 per hour =              $6,600         $16,800
                                              $10,200.
Repair right-hand side.....................  120 work-hour x $85 per hour =                5,200          15,400
                                              $10,200.
----------------------------------------------------------------------------------------------------------------

    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.

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 above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 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:

2021-23-04 Leonardo S.p.a.: Amendment 39-21802; Docket No. FAA-2021-
0697; Project Identifier MCAI-2020-01540-R.

(a) Effective Date

    This airworthiness directive (AD) is effective January 10, 2022.

(b) Affected ADs

    None.

[[Page 68894]]

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A109E helicopters, 
certificated in any category, as identified in European Union 
Aviation Safety Agency (EASA) AD 2020-0256, dated November 17, 2020 
(EASA AD 2020-0256).

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 5300, Fuselage 
Structure.

(e) Unsafe Condition

    This AD was prompted by reports of cracking in the center 
fuselage frame assembly in the intersection of the lateral pylon and 
floor spar at station (STA) 1815 on the left- and right-hand sides. 
The FAA is issuing this AD to address cracking in the intersection 
of the lateral pylon and floor spar at STA 1815 on the left- and 
right-hand sides, which, if not addressed, could affect the 
structural integrity 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 2020-0256.

(h) Exceptions to EASA AD 2020-0256

    (1) Where EASA AD 2020-0256 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2020-0256 AD refers to its effective date, 
this AD requires using the effective date of this AD.
    (3) Where Figure 1 of the service information referenced in EASA 
AD 2020-0256 depicts the AFT bulkhead twice, for clarification, the 
FWD bulkhead is mislabeled as AFT and depicted on the left side of 
Figure 1, below 109-0320-96 POST ASSY (REF) and above FWD CAP.
    (4) Where the service information referenced in EASA AD 2020-
0256 specifies discarding parts, this AD requires removing those 
parts from service.
    (5) Where paragraph (2) of EASA AD 2020-0256 or the service 
information referenced in EASA AD 2020-0256 specifies to contact the 
manufacturer for repair information, for this AD: Before further 
flight, do the repair using a method approved by the Manager, 
International Validation Branch, FAA; or EASA; or Leonardo S.p.a.'s 
EASA Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.
    (6) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2020-0256.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0256 
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) 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 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].

(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) AD 2020-0256, 
dated November 17, 2020.
    (ii) [Reserved].
    (3) For EASA AD 2020-0256, 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.
    (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 at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2021-0697.
    (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 October 26, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-26333 Filed 12-3-21; 8:45 am]
BILLING CODE 4910-13-P


