[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Rules and Regulations]
[Pages 68907-68910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26334]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0720; Project Identifier 2019-SW-079-AD; Amendment 
39-21808; AD 2021-23-10]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Leonardo S.p.a. Model AW109SP helicopters. This AD was prompted 
by reports of an ineligible hydraulic pump being installed on Model 
AW109SP helicopters. This AD requires inspecting each hydraulic pump 
for damage and, depending on the inspections results,

[[Page 68908]]

removing parts from service and accomplishing other corrective actions. 
This AD also requires removing certain parts from service before they 
exceed their life limits. The corrective actions are required to be 
accomplished 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 February 4, 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 material incorporated by reference (IBR) in this AD, 
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 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-2021-0720.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0720; 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: Darren Gassetto, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; telephone (516) 228-7323; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0213, dated August 29, 2019 
(EASA AD 2019-0213), to correct an unsafe condition for Leonardo S.p.a. 
(formerly Finmeccanica S.p.A. Helicopter Division, AgustaWestland 
S.p.A, Agusta S.p.A.) Model AW109SP helicopters.
    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 AW109SP helicopters. The NPRM published in the Federal Register 
on September 8, 2021 (86 FR 50289). The NPRM was prompted by reports of 
a hydraulic pump part number (P/N) 109-0760-42-103 being ineligibly 
installed on Model AW109SP helicopters. EASA advises that because 
hydraulic pump P/N 109-0760-42-103 is not eligible for installation on 
Model AW109SP helicopters, applicable instructions for continued 
airworthiness are not available. The NPRM proposed to require 
accomplishing the actions specified in EASA AD 2019-0213, described 
previously, as incorporated by reference, except for any differences 
identified as exceptions in the regulatory text of the proposed AD and 
except as discussed under ``Differences Between this Proposed AD and 
EASA AD 2019-0213.''
    The FAA is issuing this AD to address the ineligible installation 
of the affected part-numbered hydraulic pump on Model AW109SP 
helicopters since there are no applicable instructions for continuing 
airworthiness available. See EASA AD 2019-0213 for additional 
background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

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 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.

Related Service Information Under 1 CFR Part 51

    EASA AD 2019-0213 requires inspecting each affected hydraulic pump 
and depending on the inspection results, replacing an affected 
hydraulic pump with a serviceable hydraulic pump, before further 
flight. EASA AD 2019-0213 also requires replacing any affected 
hydraulic pump before exceeding 1,600 total flight hours (FH) since 
first installation on a helicopter, or within 200 FH, whichever occurs 
later. Finally, EASA AD 2019-0213 prohibits installing any affected 
hydraulic pump on any helicopter.
    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.

Other Related Service Information

    The FAA also reviewed Leonardo S.p.a. Helicopters, Alert Service 
Bulletin No. 109SP-134, dated July 29, 2019. This service information 
specifies procedures for inspecting and replacing hydraulic pump P/N 
109-0760-42-103.

Differences Between This AD and EASA AD 2019-0213

    EASA AD 2019-0213 applies to Model AW109SP helicopters, all serial 
numbers, whereas this AD only applies to Model AW109SP helicopters with 
certain part-numbered hydraulic pumps installed.

Costs of Compliance

    The FAA estimates that this AD affects 17 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 hydraulic pump for wear, burrs, and 
abrasion takes about 4 work-hours and parts cost about $5 for an 
estimated cost of $345 per inspection and $5,865 for the U.S. fleet.
    Removing from service each affected hydraulic pump and replacing 
with an airworthy hydraulic pump takes about 6 work-hours and parts 
cost about $22,819 for an estimated cost of $23,329 per pump 
replacement.
    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.

[[Page 68909]]

    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:

2021-23-10 Leonardo S.p.a.: Amendment 39-21808; Docket No. FAA-2021-
0720; Project Identifier 2019-SW-079-AD.

(a) Effective Date

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

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AW109SP helicopters, 
certificated in any category, with an affected part as identified in 
European Union Aviation Safety Agency (EASA) AD 2019-0213, dated 
August 29, 2019 (EASA AD 2019-0213).

(d) Subject

    Joint Aircraft Service Component (JASC) Codes: 2913, Hydraulic 
Pump (Elect/Eng), Main.

(e) Unsafe Condition

    This AD was prompted by reports of the ineligible installation 
of hydraulic pump part number (P/N) 109-0760-42-103 on Model AW109SP 
helicopters resulting in the applicable instructions for continued 
airworthiness not being available. The FAA is issuing this AD to 
address this unsafe condition. The unsafe condition, if not 
addressed, could result in failure of the hydraulic pump 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, EASA AD 2019-0213.

(h) Exceptions to EASA AD 2019-0213

    (1) Where EASA AD 2019-0213 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service (TIS).
    (2) Where EASA AD 2019-0213 requires compliance from its 
effective date, this AD requires using the effective date of this 
AD.
    (3) Where paragraph (2) of EASA AD 2019-0213 specifies to 
replace a part if any discrepancy is detected during the inspection, 
this AD requires removing that part from service.
    (4) Where paragraph (3) of EASA AD 2019-0213 specifies to 
replace a part before exceeding 1,600 flight hours since first 
installation on a helicopter, this AD requires removing that part 
from service before 1,600 hours TIS since first installation on a 
helicopter.
    (5) Where the service information required by EASA AD 2019-0213 
specifies discarding the o-ring and gasket, this AD requires 
removing those parts from service.
    (6) Where the service information required by EASA AD 2019-0213 
specifies recording compliance with the service bulletin in the 
helicopter logbook, this AD does not include that requirement.
    (7) This AD does not require the ``Remarks'' section of EASA AD 
2019-0213.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0213 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are prohibited.

(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 Darren Gassetto, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7323; email [email protected].

(m) 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 2019-0213, 
dated August 29, 2019.
    (ii) [Reserved].
    (3) For EASA AD 2019-0213, 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 
material 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 at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2021-0720.
    (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.


[[Page 68910]]


    Issued on October 28, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-26334 Filed 12-3-21; 8:45 am]
BILLING CODE 4910-13-P


