[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Rules and Regulations]
[Pages 36214-36216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12938]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0282; Project Identifier MCAI-2021-01208-R; 
Amendment 39-22087; AD 2022-13-01]
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 AW169 helicopters. This AD was prompted 
by a report of a blockage in a fuel tank vent line. This AD requires 
inspecting the fuel tank vent lines, 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 21, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 21, 
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. You may find the EASA material on the EASA website 
at https://ad.easa.europa.eu. 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 https://customerportal.leonardocompany.com/en-US/. 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-2022-0282.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0282; 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 2021-0238, dated November 2, 2021 
(EASA AD 2021-0238), to correct an unsafe condition for Leonardo 
S.p.a., formerly Finmeccanica S.p.A., AgustaWestland S.p.A., Model 
AW169 helicopters, serial numbers (S/N) from 69006 up to 69125 
inclusive, except S/N 69040; and S/N 69130, 69132, 69133, 69134, 69136, 
and 69139.
    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 
AW169 helicopters as identified in EASA AD 2021-0238. The NPRM 
published in the Federal Register on March 21, 2022 (87 FR 15894). The 
NPRM was prompted by a report of a blockage in a fuel tank vent line. 
The NPRM proposed to require inspecting the fuel tank vent lines, as 
specified in EASA AD 2021-0238.
    The FAA is issuing this AD to detect and address the blockage. See 
EASA AD 2021-0238 for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from two commenters. Commenters included 
AgustaWestland Philadelphia Corporation, who had no technical objection 
to the proposed AD, and an anonymous commenter who provided no comments 
on the proposed actions 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

[[Page 36215]]

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 comments 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.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0238 requires a one-time inspection of the fuel tank 
vent lines and, depending on findings, accomplishment of applicable 
corrective action(s).
    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 Alert Service Bulletin 
No. 169-205, dated September 20, 2021. This service information 
specifies procedures for a one-off borescope inspection of the right 
and left fuel tank vent lines.

Differences Between This AD and the EASA AD

    EASA AD 2021-0238 states to remove the sealant obstructions in 
accordance with the instructions of the service information and to 
contact Leonardo for approved corrective actions instructions and 
accomplishing those instructions within the compliance time specified 
therein; whereas, this AD requires repair done before further flight 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. Helicopters' EASA Design Organization Approval (DOA). 
If approved by the DOA, the approval must include the DOA-authorized 
signature.
    EASA AD 2021-0238 states to inspect the fuel tank vent lines in 
accordance with the instructions of the service information, which 
specifies inspecting for evidence of a partial or total Proseal 
obstruction. This AD requires inspecting for a partial or total Proseal 
obstruction.

Costs of Compliance

    The FAA estimates that this AD affects 6 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.
    Borescope inspecting the fuel tank vent lines takes approximately 6 
work-hours for an estimated cost of $510 per helicopter and up to 
$3,060 for the U.S. fleet. The FAA has no way of knowing the cost to 
repair a fuel tank vent line.

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:

2022-13-01 Leonardo S.p.a: Amendment 39-22087; Docket No. FAA-2022-
0282; Project Identifier MCAI-2021-01208-R.

(a) Effective Date

    This airworthiness directive (AD) is effective July 21, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AW169 helicopters, 
certificated in any category, as identified in European Union 
Aviation Safety Agency (EASA) AD 2021-0238, dated November 2, 2021 
(EASA AD 2021-0238).

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2800, Aircraft 
Fuel System.

(e) Unsafe Condition

    This AD was prompted by a report of blockage in a fuel tank vent 
line. The FAA is issuing this AD to detect and address the blockage. 
The unsafe condition, if not addressed, could result in dual engine 
flameout due to fuel starvation and a subsequent forced landing.

(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 2021-0238.

(h) Exceptions to EASA AD 2021-0238

    (1) Where EASA AD 2021-0238 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2021-0238 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where the service information referenced in paragraph (1) of 
EASA AD 2021-0238 specifies recording the inspection outcome in the 
report in ANNEX A (of the service information), this AD does not 
require that action.
    (4) Where the service information referenced in paragraph (1) of 
EASA AD 2021-0238 specifies inspecting ``the left/right vent line 
for evidence of a partial or total Proseal obstruction,'' this AD 
requires inspecting for a partial or total Proseal obstruction.
    (5) Where the service information referenced in EASA AD 2021-
0238 specifies

[[Page 36216]]

immediately contacting Leonardo Company Product Support Engineering 
and waiting for further instructions before proceeding if there is 
any Proseal obstruction in any fuel tank vent line, this AD does not 
require that action.
    (6) Where the service information referenced in paragraph (2) of 
EASA AD 2021-0238 specifies to ``carefully remove the Proseal 
obstruction by means of a suitable method,'' this AD requires, 
before further flight, accomplishing repairs in accordance with a 
method approved by the Manager, General Aviation & Rotorcraft 
Section, International Validation Branch, FAA; or EASA; or Leonardo 
S.p.a. Helicopters' EASA Design Organization Approval (DOA). If 
approved by the DOA, the approval must include the DOA-authorized 
signature.
    (7) Where paragraph (2) of EASA AD 2021-0238 specifies 
contacting Leonardo for approved corrective actions and 
accomplishing those instructions within the compliance time 
specified therein, this AD requires, before further flight, 
accomplishing repairs in accordance with a method approved by the 
Manager, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA; or EASA; or Leonardo S.p.a. Helicopters' 
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
    (8) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0238.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0238 
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 2021-0238, 
dated November 2, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0238, 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-2022-0282.
    (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 June 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-12938 Filed 6-15-22; 8:45 am]
BILLING CODE 4910-13-P


