[Federal Register Volume 87, Number 105 (Wednesday, June 1, 2022)]
[Rules and Regulations]
[Pages 32973-32975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11557]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0281; Project Identifier MCAI-2021-01315-R; 
Amendment 39-22056; AD 2022-11-06]
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 A109S and AW109SP helicopters. This AD 
was prompted by a report of a protective sheath, installed around a 
fixed flight control rod, which should have been removed during 
assembly. This AD requires borescope inspecting certain parts, and 
removing any foreign object if detected, 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 July 6, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 6, 
2022.

ADDRESSES: 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 
www.easa.europa.eu. For Leonardo S.p.a. 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 https://customerportal.leonardocompany.com/en-US/. 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. Service information that is 
IBRed is also available in the AD docket at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2022-0281.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0281; 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 2021-0255, dated November 15, 2021, 
and corrected November 24, 2021 (EASA AD 2021-0255), to correct an 
unsafe condition for Leonardo S.p.A. Helicopters Model A109S 
helicopters, serial number (S/N) 22735, 22736, and 22737, and equipped 
with Trekker Kit; and Model AW109SP helicopters, S/N 22407, 22408, 
22409, 22412, 22414 to 22427 inclusive, and 22429.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to Leonardo S.p.a. Model 
A109S helicopters, S/N 22735, 22736, and 22737, and equipped with 
Trekker Kit; and Model AW109SP helicopters S/N 22407, 22408, 22409, 
22412, 22414 through 22427 inclusive, and 22429. The NPRM published in 
the Federal Register on March 22, 2022 (87 FR 16120). The NPRM was 
prompted by a report of a protective sheath, installed around a fixed 
flight control rod, which should have been removed during assembly. The 
NPRM proposed to require borescope inspecting certain parts, and 
removing any foreign object if detected, as specified in EASA AD 2021-
0255.
    The FAA is issuing this AD to detect any foreign object 
contamination, which if not addressed, could affect the free movement 
of the flight controls and result in subsequent reduced control of the 
helicopter. See EASA AD 2021-0255 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. This AD is adopted as proposed in the 
NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0255 specifies procedures for borescope inspecting 
certain part-numbered parts installed on the control rods and levers of 
the rotors flight controls, and removing any foreign object if 
detected.
    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 reviewed Leonardo Helicopters Alert Service Bulletin No.

[[Page 32974]]

109SP-148, dated October 26, 2021 (ASB 109SP-148). This service 
information specifies instructions for borescope inspecting certain 
part-numbered parts installed on the control rods and levers of the 
rotors flight controls of the left-hand and right-hand forward struts 
and removing foreign objects.
    The FAA also reviewed Leonardo Helicopters Alert Service Bulletin 
No.109S-104, dated October 26, 2021, which specifies the same 
instructions as ASB 109SP-148 but only applies to Model A109S 
helicopters with certain Trekker Kits installed.

Costs of Compliance

    The FAA estimates that this AD affects 1 helicopter 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.
    Borescope inspecting the control rods and levers of the rotor 
flight controls for any foreign object takes about 4 work-hours for an 
estimated cost of $340 per inspection and $340 for the U.S. fleet.
    The FAA estimates the following costs to do any necessary on-
condition corrective actions that are required based on the results of 
the inspection:
    Removing any foreign object would take a minimal amount of time 
with a minimal parts cost.

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:

2022-11-06 Leonardo S.p.a.: Amendment 39-22056; Docket No. FAA-2022-
0281; Project Identifier MCAI-2021-01315-R.

(a) Effective Date

    This airworthiness directive (AD) is effective July 6, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A109S helicopters, 
serial number (S/N) 22735, 22736, and 22737, and equipped with 
Trekker Kit; and Model AW109SP helicopters S/N 22407, 22408, 22409, 
22412, 22414 through 22427 inclusive, and 22429, certificated in any 
category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6700, rotorcraft 
Flight Control.

(e) Unsafe Condition

    This AD was prompted by a report of a protective sheath, 
installed around a fixed flight control rod, which should have been 
removed during assembly. The FAA is issuing this AD to detect any 
foreign object contamination, which if not addressed, could affect 
the free movement of the flight controls and result in 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 (EASA) AD 
2021-0255, dated November 15, 2021, and corrected November 24, 2021 
(EASA AD 2021-0255).

(h) Exceptions to EASA AD 2021-0255

    (1) Where EASA AD 2021-0255 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2021-0255 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2021-0255 specifies ``inspect 
each affected part in accordance with the instructions of the 
applicable ASB,'' for this AD replace ``in accordance with the 
instructions of the applicable ASB'' with ``in accordance with the 
Accomplishment Instructions, Section 3, paragraph 5. of the 
applicable ASB.''
    (4) Where paragraph (2) of EASA AD 2021-0255 specifies ``if, 
during the inspection as required by paragraph (1) this AD, any 
foreign object is found on an affected part, before next flight, 
remove that foreign object in accordance with the applicable ASB,'' 
this AD requires if any foreign object is found, before further 
flight, remove the foreign object. The instructions in the 
``applicable ASB'' are for reference only and are not required for 
the actions in paragraph (2) of EASA AD 2021-0255.
    (5) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0255.

(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 Andrea Jimenez, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance &

[[Page 32975]]

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 2021-0255, 
dated November 15, 2021, and corrected November 24, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0255, 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.
    (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-2022-0281.
    (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 May 16, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-11557 Filed 5-31-22; 8:45 am]
BILLING CODE 4910-13-P


