[Federal Register Volume 87, Number 62 (Thursday, March 31, 2022)]
[Rules and Regulations]
[Pages 18694-18696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06620]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0024; Project Identifier MCAI-2021-00994-R; 
Amendment 39-21999; AD 2022-07-11]
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 superseding Airworthiness Directive (AD) 2021-17-
18, which applied to all Leonardo S.p.a. Model A109C, A109K2, A109E, 
A109S, and AW109SP helicopters. AD 2021-17-18 required an inspection of 
certain tail rotor (TR) sleeve assemblies for discrepancies, an 
inspection of certain TR shaft assemblies for discrepancies, a 
repetitive measurement of the position of the bushing of the TR sleeve 
assembly in relation to the pitch change slider assembly, and 
corrective actions if necessary. This AD retains the requirements of AD 
2021-17-18, and also requires repetitive inspections of the TR sleeve 
assemblies, and corrective actions if necessary, as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is incorporated 
by reference. This AD was prompted by a determination that additional 
actions are required to address the unsafe condition. This AD was also 
prompted by a report of a crack on the TR mast. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective May 5, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 7, 
2021 (86 FR 46766, August 20, 2021).

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
phone: +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 on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0024.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0024; 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 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, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; phone: (516) 228-7330; 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0144, dated June 17, 2021 (EASA 
AD 2021-0144). (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Leonardo S.p.a. (formerly Finmeccanica S.p.A, AgustaWestland 
S.p.A., Agusta S.p.A.) Model A109C, A109K2, A109E, A109S, and AW109SP 
helicopters.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-17-18, Amendment 39-21701 (86 FR 
46766, August 20, 2021) (AD 2021-17-18). AD 2021-17-18 applied to all 
Leonardo S.p.a. Model A109C, A109K2, A109E, A109S, and AW109SP 
helicopters. The NPRM published in the Federal Register on February 3, 
2022 (87 FR 6091). The NPRM was prompted by a determination that 
additional actions are required to address the unsafe condition. The 
NPRM was also prompted by a report of a crack on the TR mast. The NPRM 
proposed to continue to require an inspection of certain TR sleeve 
assemblies for discrepancies, an inspection of certain TR shaft 
assemblies for discrepancies, a repetitive measurement of the position 
of the bushing of the TR sleeve assembly in relation to the pitch 
change slider assembly, and corrective actions if necessary, as 
specified in an EASA AD. The NPRM also proposed to require repetitive 
inspections of the TR sleeve assemblies, and corrective actions if 
necessary, as specified in an EASA AD.
    The FAA is issuing this AD to address cracking on the TR mast, 
which could lead to failure of the TR mast, with consequent loss of 
control of the helicopter. See the MCAI for additional background 
information.

Discussion of Final Airworthiness Directive

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule as proposed, 
except for minor editorial changes. The FAA has determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    This AD requires EASA AD 2021-0144, which the Director of the 
Federal Register approved for incorporation by reference as of 
September 7, 2021 (86 FR 46766, August 20, 2021). 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.

[[Page 18695]]

Differences Between this AD and the MCAI

    Paragraph (1) of EASA AD 2021-0144 specifies the inspection must be 
done within 25 flight hours or 3 months, whichever occurs first. 
However, this AD requires the inspection to be done within 25 hours 
time-in-service after September 7, 2021 (the effective date of AD 2021-
17-18).

Interim Action

    The FAA considers this AD interim action. The inspection reports 
that are required by this AD will enable the manufacturer to obtain 
better insight into the nature, cause, and extent of the cracking, and 
eventually to develop final action to address the unsafe condition. 
Once final action has been identified, the FAA might consider further 
rulemaking.

Costs of Compliance

    The FAA estimates that this AD affects 133 helicopters of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained Inspections/from AD 2021- Up to 6 work-hours               $0  Up to $510 per       Up to $67,830 per
 17-18.                             x $85 per hour =                     inspection/          inspection/
                                    $510 per                             measurement cycle.   measurement cycle.
                                    inspection/
                                    measurement cycle.
New Repetitive Inspections.......  Up to 1 work-hour x               0  Up to $85 per        Up to $11,305 per
                                    $85 per hour = $85                   inspection cycle.    inspection cycle.
                                    per inspection
                                    cycle.
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    The FAA estimates the following costs to do any necessary on-
condition actions (replacements, repairs, and reporting) that would be 
required based on the results of any required actions. The FAA has no 
way of determining the number of helicopters that might need these on-
condition actions:

                                    Estimated Costs of On-Condition Actions *
----------------------------------------------------------------------------------------------------------------
                 Action                           Labor cost            Parts cost         Cost per product
----------------------------------------------------------------------------------------------------------------
Retained Replacements...................  19 work-hours x $85 per            $88,760  Up to $90,375.
                                           hour = $1,615.
Retained Reporting......................  1 work-hour x $85 per hour              $0  $85.
                                           = $85.
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* The FAA has received no definitive data on which to base the cost estimates for the on-condition repairs
  specified in this proposed AD.

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators. The FAA does not control warranty coverage for 
affected operators. As a result, the FAA has included all known costs 
in the cost estimate.

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 current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Pkwy., 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 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.

[[Page 18696]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2021-17-18, Amendment 39-21701 
(86 FR 46766, August 20, 2021); and
0
b. Adding the following new AD:


2022-07-11 Leonardo S.p.a.: Amendment 39-21999; Docket No. FAA-2022-
0024; Project Identifier MCAI-2021-00994-R.

(a) Effective Date

    This airworthiness directive (AD) is effective May 5, 2022.

(b) Affected ADs

    This AD replaces AD 2021-17-18, Amendment 39-21701 (86 FR 46766, 
August 20, 2021) (AD 2021-17-18).

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model A109C, A109K2, 
A109E, A109S, and AW109SP helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6400, Tail Rotor 
System.

(e) Unsafe Condition

    This AD was prompted by a report of a crack on the tail rotor 
(TR) mast. The FAA is issuing this AD to address cracking on the TR 
mast, which could lead to failure of the TR mast, with consequent 
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 (EASA) AD 
2021-0144, dated June 17, 2021 (EASA AD 2021-0144).

(h) Exceptions to EASA AD 2021-0144

    (1) Where EASA AD 2021-0144 refers to its effective date, this 
AD requires using September 7, 2021 (the effective date of AD 2021-
17-18).
    (2) The ``Remarks'' section of EASA AD 2021-0144 does not apply 
to this AD.
    (3) Where EASA AD 2021-0144 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (4) Where paragraph (1) of EASA AD 2021-0144 specifies a 
compliance time of 25 FH or 3 months, whichever occurs first, this 
AD requires compliance within 25 hours time-in-service after 
September 7, 2021 (the effective date of AD 2021-17-18).
    (5) Where Note 1 of EASA AD 2021-0144 specifies a tolerance of 
30 FH, this AD does not allow a tolerance.
    (6) The initial compliance time for the inspection specified in 
paragraph (5) of EASA AD 2021-0144 is at the compliance time 
specified in paragraph (5) of EASA AD 2021-0144, or within 30 days 
after the effective date of this AD, whichever occurs later.
    (7) Where paragraph (6) of EASA AD 2021-0144 states the term 
``discrepancies,'' for the purposes of this AD discrepancies include 
dents, corrosion, elongation, scratches, wear, excessive wear (web 
visible), fretting, or stepping.
    (8) Where paragraph (7) of EASA AD 2021-0144 states the term 
``discrepancies,'' for the purposes of this AD discrepancies include 
abnormal wear condition, corrosion, fretting, crack, or damage 
(including dents, elongation, scratches, or stepping).
    (9) Where EASA AD 2021-0144 defines ``serviceable part,'' and 
that definition specifies instructions that are ``approved under 
Leonardo Design Organization Approval (DOA) or by EASA,'' for this 
AD, the repair must be accomplished using a method approved by the 
Manager, General Aviation and Rotorcraft Section, International 
Validation Branch, FAA; or EASA; or Leonardo S.p.a.'s EASA DOA. If 
approved by the DOA, the approval must include the DOA-authorized 
signature.
    (10) Where Note 2 and paragraph (7) of EASA AD 2021-0144 specify 
instructions that are ``approved under Leonardo DOA or by EASA,'' 
for this AD, the repair must be accomplished using a method approved 
by the Manager, General Aviation and Rotorcraft Section, 
International Validation Branch, FAA; or EASA; or Leonardo S.p.a.'s 
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
    (11) Where the service information referenced in EASA AD 2021-
0144 specifies to contact the manufacturer for corrective action, 
this AD requires the repair to be done 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.'s 
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
    (12) Where the service information referenced in EASA AD 2021-
0144 specifies to discard a certain part, this AD requires removing 
that part from service.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the helicopter to a location where the 
actions of this AD can be performed, 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 Andrea Jimenez, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; phone: (516) 228-7330; email: [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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.
    (3) The following service information was approved for IBR on 
September 7, 2021 (86 FR 46766, August 20, 2021).
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0144, 
dated June 17, 2021.
    (ii) [Reserved]
    (4) For EASA AD 2021-0144, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: 
[email protected]; Internet: www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (5) 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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0024.
    (6) 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 March 24, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-06620 Filed 3-30-22; 8:45 am]
BILLING CODE 4910-13-P


