Airworthiness Directives; Leonardo S.p.a Helicopters, 46762-46766 [2021-17974]
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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Rules and Regulations
4F5350A04152 and removing that part
from service accordingly instead.
Costs of Compliance
The FAA estimates that this AD
affects 4 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.
Replacing a tail gearbox fitting takes
about 48 work-hours and parts cost
about $30,000 for an estimated cost of
$34,080 per helicopter and $136,320 for
the U.S. fleet, per replacement cycle.
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 helicopters identified in this
rulemaking action.
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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.
16:42 Aug 19, 2021
Jkt 253001
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Authority for This Rulemaking
VerDate Sep<11>2014
The Amendment
2021–17–16 Leonardo S.p.a.: Amendment
39–21699; Docket No. FAA–2021–0455;
Project Identifier 2018–SW–031–AD.
(a) Effective Date
This airworthiness directive (AD) is
effective September 24, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model
AW189 helicopters, certificated in any
category, with tail gearbox fitting part
number (P/N) 4F5350A04152 installed.
(d) Subject
Joint Aircraft Service Component (JASC)
Code: 6520, Tail Rotor Gearbox.
(h) 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 (i)(1) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(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.
(i) Related Information
(1) For more information about this AD,
contact Kristi Bradley, Program Manager,
COS Program Management Section,
Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone (817) 222–5110; email
kristin.bradley@faa.gov.
(2) The subject of this AD is addressed in
European Aviation Safety Agency (now
European Union Aviation Safety Agency)
(EASA) AD 2018–0087, dated April 18, 2018.
You may view the EASA AD on the internet
at https://www.regulations.gov in Docket No.
FAA–2021–0455.
(j) Material Incorporated by Reference
None.
(e) Unsafe Condition
This AD was prompted by fatigue testing
and analyses. The FAA is issuing this AD to
prevent parts from remaining in service
beyond their fatigue life. The unsafe
condition, if not addressed, could result in
failure of a part, which could result in loss
of control of the helicopter.
Issued on August 13, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
DEPARTMENT OF TRANSPORTATION
(g) Required Actions
Before further flight after the effective date
of this AD:
(1) Determine the total hours time-inservice (TIS) and total number of landings of
tail gearbox fitting P/N 4F5350A04152. For
purposes of this AD, a landing is counted
anytime a helicopter lifts off into the air and
then lands again regardless of the duration of
the landing and regardless of whether the
engine is shutdown. If the total hours TIS
and total number of landings cannot be
determined, before further flight, remove the
part from service.
(2) Remove any part from service that has
reached or exceeded its life limit as follows.
Thereafter, remove any part from service on
or before reaching its life limit as follows.
Tail gearbox fitting P/N 4F5350A04152:
14,600 total hours TIS or 57,300 total
landings, whichever occurs first.
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[FR Doc. 2021–17841 Filed 8–19–21; 8:45 am]
BILLING CODE 4910–13–P
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0672; Project
Identifier MCAI–2021–00304–R; Amendment
39–21693; AD 2021–17–10]
RIN 2120–AA64
Airworthiness Directives; Leonardo
S.p.a Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Leonardo S.p.a. Model A109A, A109A
II, A109C, A109E, A109K2, A109S, and
AW109SP helicopters, having a certain
rotor brake kit installed. This AD was
SUMMARY:
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prompted by a report of un-commanded
activation of the rotor brake system
before take-off due to a jammed rotor
brake control cable and subsequent
partially open brake control valve. This
AD requires repetitive inspections of the
rotor brake control cable and
replacement of the rotor brake control
cable, if necessary, 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 becomes effective
September 7, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of September 7, 2021.
The FAA must receive comments on
this AD by October 4, 2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
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: ADs@easa.europa.eu;
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–2021–
0672.
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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–2021–
0672; 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 AD, any
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16:42 Aug 19, 2021
Jkt 253001
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Darren Gassetto, Aerospace Engineer,
COS Program Management Section,
Operational Safety Branch, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY
11590; phone: (516) 228–7323; email:
Darren.Gassetto@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2021–0067,
dated March 9, 2021 (EASA AD 2021–
0067), to correct an unsafe condition on
Leonardo S.p.a. (formerly Finmeccanica
S.p.A., AgustaWestland S.p.A., Agusta
S.p.A., Costruzioni Aeronautiche
Giovanni Agusta) Model A109A,
A109AII, A109C, A109E, A109K2,
A109S, and AW109SP helicopters with
a certain rotor brake kit installed.
EASA AD 2021–0067 was prompted
by a report of un-commanded activation
of the rotor brake system before take-off
due to a jammed rotor brake control
cable and subsequent partially open
brake control valve. This resulted in
hydraulic pressure delivered to the rotor
brake, even with the rotor brake lever in
the OFF position. To address this
condition, EASA AD 2021–0067
requires repetitive inspections of the
rotor brake control cable and
replacement, if necessary. The FAA is
issuing this AD to address uncommanded activation of the rotor brake
system, which could lead to failure of
the rotor brake system with consequent
damage to surrounding critical
equipment, resulting in loss of control
of the helicopter.
Related IBR Material Under 1 CFR Part
51
EASA AD 2021–0067 specifies,
within 50 hours and thereafter at
intervals not to exceed 100 hours,
repetitively inspecting the rotor brake
control cable and replacing the control
cable if the cylindrical nipple does not
rotate freely, if the control cable jams
when running inside the sheath, or if
there is any damage or wear. EASA AD
2021–0067 also prohibits installing an
affected rotor brake control cable on any
helicopter unless it first passes the
required inspection and requires
reporting information to the
manufacturer. This material is
reasonably available because the
interested parties have access to it
through their normal course of business
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46763
or by the means identified in the
ADDRESSES section.
FAA’s Determination
These products 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 of the unsafe condition described
in its AD. The FAA is issuing this AD
after determining that the unsafe
condition described previously is likely
to exist or develop on other products of
these same type designs.
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2021–
0067, described previously, as
incorporated by reference, except for
any differences identified in the
regulatory text of this AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA initially worked with
Airbus and EASA to develop a process
to use some EASA ADs as the primary
source of information for compliance
with requirements for corresponding
FAA ADs. The FAA has since
coordinated with other manufacturers
and civil aviation authorities to use this
process. As a result, EASA AD 2021–
0067 is incorporated by reference in this
FAA final rule. This AD would,
therefore, require compliance with
EASA AD 2021–0067 in its entirety,
through that incorporation, except for
any differences identified in the
regulatory text of this AD. Using
common terms that are the same as the
heading of a particular section in the
EASA AD does not mean that operators
need comply only with that section. For
example, where the AD requirement
refers to ‘‘all required actions and
compliance times,’’ compliance with
this AD requirement is not limited to
the section titled ‘‘Required Action(s)
and Compliance Time(s)’’ in the EASA
AD. Service information required by
EASA AD 2021–0067 for compliance is
available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0672.
FAA’s Justification and Determination
of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (5 U.S.C.)
authorizes agencies to dispense with
notice and comment procedures for
rules when the agency, for ‘‘good cause’’
finds that those procedures are
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‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under this
section, an agency, upon finding good
cause, may issue a final rule without
seeking comment prior to the
rulemaking.
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies waiving notice
and comment prior to adoption of this
rule because un-commanded activation
of the rotor brake system due to a
jammed rotor brake control cable and
subsequent partially open brake control
valve could lead to failure of the rotor
brake system, with consequent loss of
control of the helicopter. In addition,
the compliance time for the required
action is shorter than the time necessary
for the public to comment and for
publication of the final rule. Based on
the average flight-hour utilization rates
of these helicopters, the initial
corrective actions must be completed
within about two months. Therefore,
notice and opportunity for prior public
comment are impracticable and contrary
to public interest pursuant to 5 U.S.C.
553(b)(3)(B). In addition, the FAA finds
that good cause exists pursuant to 5
U.S.C. 553(d) for making this
amendment effective in less than 30
days.
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this AD. Send your
comments to an address listed under
ADDRESSES. Include ‘‘Docket No. FAA–
2021–0672; Project Identifier MCAI–
2021–00304–R’’ at the beginning of your
comments. The most helpful comments
reference a specific portion of the AD,
explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this AD because of
those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
agency will also post a report
summarizing each substantive verbal
contact received about this AD.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this AD contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this AD,
it is important that you clearly designate
the submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
will treat such marked submissions as
confidential under the FOIA, and they
will not be placed in the public docket
of this AD. Submissions containing CBI
should be sent to Darren Gassetto,
Aerospace Engineer, COS Program
Management Section, Operational
Safety Branch, FAA, 1600 Stewart Ave.,
Suite 410, Westbury, NY 11590; phone:
(516) 228–7323; email:
Darren.Gassetto@faa.gov. Any
commentary that the FAA receives that
is not specifically designated as CBI will
be placed in the public docket for this
rulemaking.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not
apply when an agency finds good cause
pursuant to 5 U.S.C. 553 to adopt a rule
without prior notice and comment.
Because the FAA has determined that it
has good cause to adopt this rule
without notice and comment, RFA
analysis is not required.
Costs of Compliance
The FAA estimates that this AD
affects 153 helicopters of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS FOR INSPECTION
Labor cost
Parts cost
1 work-hour × $85 per hour = $85 ...........................................
The FAA estimates the following
costs to do any on-condition
replacement that would be required
Cost per helicopter
$0
$85 per inspection cycle .........
based on the results of the inspections.
The FAA has no way of determining the
Cost on U.S. operators
$13,005 per inspection cycle.
number of helicopters that might need
this replacement:
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ESTIMATED COSTS OF ON-CONDITION ACTIONS *
Action
Labor cost
Replacement .................................................................
Reporting ......................................................................
3 work-hours × $85 per hour = $255 ...........................
1 work-hour × $85 per hour = $85 ...............................
The FAA has included all known
costs in this cost estimate. According to
the manufacturer, however, some or all
of the costs of this AD may be covered
under warranty, thereby reducing the
cost impact on affected operators.
Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
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16:42 Aug 19, 2021
Jkt 253001
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 currently valid
OMB control number. The OMB control
number for this information collection
is 2120–0056. Public reporting for this
collection of information is estimated to
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Parts cost
$615
0
Cost per
helicopter
$870
85
be approximately 1 hour per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, completing and reviewing
the collection of information. All
responses to this collection of
information are mandatory. Send
comments regarding this burden
estimate or any other aspect of this
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collection of information, including
suggestions for reducing this burden 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
The FAA determined that this AD
would not have federalism implications
under Executive Order 13132. This AD
would 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 this regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
and
(2) Will not affect intrastate aviation
in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
khammond on DSKJM1Z7X2PROD with RULES
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
VerDate Sep<11>2014
16:42 Aug 19, 2021
Jkt 253001
§ 39.13
(i) Special Flight Permit
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2021–17–10 Leonardo S.p.a: Amendment
39–21693; Docket No. FAA–2021–0672;
Project Identifier MCAI–2021–00304–R.
(a) Effective Date
This airworthiness directive (AD) becomes
effective September 7, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model
A109A, A109A II, A109C, A109E, A109K2,
A109S, and AW109SP helicopters,
certificated in any category, with a rotor
brake kit identified in European Union
Aviation Safety Agency (EASA) AD 2021–
0067, dated March 9, 2021 (EASA AD 2021–
0067).
(d) Subject
Joint Aircraft System Component (JASC)
Codes 6321, Main Rotor Brake.
(e) Unsafe Condition
This AD was prompted by a report of uncommanded activation of the rotor brake
system before take-off due to a jammed rotor
brake control cable and subsequent partially
open brake control valve. The FAA is issuing
this AD to address un-commanded activation
of the rotor brake system, which could lead
to failure of the rotor brake system, with
consequent damage to surrounding critical
equipment, and 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 2021–0067.
(h) Exceptions to EASA AD 2021–0067
(1) Where EASA AD 2021–0067 requires
compliance from its effective date, this AD
requires using the effective date of this AD.
(2) This AD does not require the
‘‘Remarks’’ section of EASA AD 2021–0067.
(3) Where EASA AD 2021–0067 requires
compliance in terms of flight hours (FH), this
AD requires using hours time-in-service.
(4) Where paragraph (2) of EASA AD 2021–
0067 requires replacing the affected part if
any defect is found, for purposes of this AD,
a defect also includes compromised integrity
of the control cable strands (e.g., fraying or
a kink).
(5) Where the service information required
by EASA AD 2021–0067 specifies replacing
the affected part if any damage is found, for
purposes of this AD, damage includes clicks
or breakings when the rotor brake lever is
moved forward and backward.
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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 the rotor brake system is deactivated or rendered inoperable.
(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: 9-AVS-AIR730-AMOC@faa.gov.
(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 Darren Gassetto, Aerospace Engineer,
COS Program Management Section,
Operational Safety Branch, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY
11590; phone: (516) 228–7323; email:
Darren.Gassetto@faa.gov.
(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.
(i) European Union Aviation Safety Agency
(EASA) AD 2021–0067, dated March 9, 2021.
(ii) [Reserved]
(3) For EASA AD 2021–0067, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone: +49 221 8999 000;
email: ADs@easa.europa.eu; internet:
www.easa.europa.eu. You may find this
EASA AD 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 on
the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–0672.
(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
fr.inspection@nara.gov, or go to https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
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Issued on August 12, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–17974 Filed 8–18–21; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0686; Project
Identifier MCAI–2021–00687–R; Amendment
39–21701; AD 2021–17–18]
RIN 2120–AA64
Airworthiness Directives; Leonardo
S.p.a. Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Leonardo S.p.a. Model A109C, A109K2,
A109E, A109S, and AW109SP
helicopters. This AD was prompted by
a report of a crack on the tail rotor (TR)
mast. This AD requires 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 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 becomes effective
September 7, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of September 7, 2021.
The FAA must receive comments on
this AD by October 4, 2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:42 Aug 19, 2021
Jkt 253001
p.m., Monday through Friday, except
Federal holidays.
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: ADs@easa.europa.eu;
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–2021–
0686.
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–2021–
0686; 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 AD, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
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:
andrea.jimenez@faa.gov.
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.
Model A109C, A109K2, A109E, A109S,
and AW109SP helicopters.
This AD was prompted by a report of
a crack on the 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. See the MCAI
for additional background information.
Related IBR Material Under 1 CFR Part
51
EASA AD 2021–0144 specifies
procedures for an inspection of certain
TR sleeve assemblies for discrepancies;
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
an inspection of certain TR shaft
assemblies for abnormal wear condition,
corrosion, fretting, crack, and damage; a
repetitive measurement of the position
of the bushing of the TR sleeve assembly
in relation to the pitch change slider
assembly for any dimensional change; a
repetitive inspection of a certain
inspection area of the TR gearbox for
discrepancies; and corrective actions.
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.
FAA’s Determination
These products have been approved
by the aviation authority of another
country, and are approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is issuing this AD after
evaluating all pertinent information and
determining that the unsafe condition
exists and is likely to exist or develop
on other products of the same type
design.
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2021–
0144, described previously, as
incorporated by reference, except for
any differences identified as exceptions
in the regulatory text of this AD and
except as discussed under ‘‘Differences
Between this AD and the MCAI.’’
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA initially worked with
Airbus and EASA to develop a process
to use certain EASA ADs as the primary
source of information for compliance
with requirements for corresponding
FAA ADs. The FAA has since
coordinated with other manufacturers
and civil aviation authorities to use this
process. As a result, EASA AD 2021–
0144 is incorporated by reference in this
FAA final rule. This AD, therefore,
requires compliance with EASA AD
2021–0144 in its entirety, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this AD. Using
common terms that are the same as the
heading of a particular section in the
EASA AD does not mean that operators
need comply only with that section. For
example, where the AD requirement
refers to ‘‘all required actions and
compliance times,’’ compliance with
E:\FR\FM\20AUR1.SGM
20AUR1
]]>Agencies
[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Rules and Regulations]
[Pages 46762-46766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17974]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0672; Project Identifier MCAI-2021-00304-R;
Amendment 39-21693; AD 2021-17-10]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Leonardo S.p.a. Model A109A, A109A II, A109C, A109E, A109K2,
A109S, and AW109SP helicopters, having a certain rotor brake kit
installed. This AD was
[[Page 46763]]
prompted by a report of un-commanded activation of the rotor brake
system before take-off due to a jammed rotor brake control cable and
subsequent partially open brake control valve. This AD requires
repetitive inspections of the rotor brake control cable and replacement
of the rotor brake control cable, if necessary, 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 becomes effective September 7, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September 7,
2021.
The FAA must receive comments on this AD by October 4, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
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-2021-0672.
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-2021-
0672; 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 AD, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; phone: (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 2021-0067, dated March 9, 2021 (EASA
AD 2021-0067), to correct an unsafe condition on Leonardo S.p.a.
(formerly Finmeccanica S.p.A., AgustaWestland S.p.A., Agusta S.p.A.,
Costruzioni Aeronautiche Giovanni Agusta) Model A109A, A109AII, A109C,
A109E, A109K2, A109S, and AW109SP helicopters with a certain rotor
brake kit installed.
EASA AD 2021-0067 was prompted by a report of un-commanded
activation of the rotor brake system before take-off due to a jammed
rotor brake control cable and subsequent partially open brake control
valve. This resulted in hydraulic pressure delivered to the rotor
brake, even with the rotor brake lever in the OFF position. To address
this condition, EASA AD 2021-0067 requires repetitive inspections of
the rotor brake control cable and replacement, if necessary. The FAA is
issuing this AD to address un-commanded activation of the rotor brake
system, which could lead to failure of the rotor brake system with
consequent damage to surrounding critical equipment, resulting in loss
of control of the helicopter.
Related IBR Material Under 1 CFR Part 51
EASA AD 2021-0067 specifies, within 50 hours and thereafter at
intervals not to exceed 100 hours, repetitively inspecting the rotor
brake control cable and replacing the control cable if the cylindrical
nipple does not rotate freely, if the control cable jams when running
inside the sheath, or if there is any damage or wear. EASA AD 2021-0067
also prohibits installing an affected rotor brake control cable on any
helicopter unless it first passes the required inspection and requires
reporting information to the manufacturer. 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.
FAA's Determination
These products 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 of the
unsafe condition described in its AD. The FAA is issuing this AD after
determining that the unsafe condition described previously is likely to
exist or develop on other products of these same type designs.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2021-0067, described previously, as incorporated by reference, except
for any differences identified in the regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use some EASA ADs as the primary source of information for
compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities to use this process. As a result, EASA AD 2021-0067 is
incorporated by reference in this FAA final rule. This AD would,
therefore, require compliance with EASA AD 2021-0067 in its entirety,
through that incorporation, except for any differences identified in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in the EASA AD does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in the EASA AD.
Service information required by EASA AD 2021-0067 for compliance is
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2021-0672.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C.)
authorizes agencies to dispense with notice and comment procedures for
rules when the agency, for ``good cause'' finds that those procedures
are
[[Page 46764]]
``impracticable, unnecessary, or contrary to the public interest.''
Under this section, an agency, upon finding good cause, may issue a
final rule without seeking comment prior to the rulemaking.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because un-commanded activation of the rotor brake system due to a
jammed rotor brake control cable and subsequent partially open brake
control valve could lead to failure of the rotor brake system, with
consequent loss of control of the helicopter. In addition, the
compliance time for the required action is shorter than the time
necessary for the public to comment and for publication of the final
rule. Based on the average flight-hour utilization rates of these
helicopters, the initial corrective actions must be completed within
about two months. Therefore, notice and opportunity for prior public
comment are impracticable and contrary to public interest pursuant to 5
U.S.C. 553(b)(3)(B). In addition, the FAA finds that good cause exists
pursuant to 5 U.S.C. 553(d) for making this amendment effective in less
than 30 days.
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0672; Project Identifier MCAI-
2021-00304-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the AD, explain the reason for
any recommended change, and include supporting data. The FAA will
consider all comments received by the closing date and may amend this
AD because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this AD.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Darren
Gassetto, Aerospace Engineer, COS Program Management Section,
Operational Safety Branch, FAA, 1600 Stewart Ave., Suite 410, Westbury,
NY 11590; phone: (516) 228-7323; email: [email protected]. Any
commentary that the FAA receives that is not specifically designated as
CBI will be placed in the public docket for this rulemaking.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 153 helicopters of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Inspection
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per helicopter Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85........ $0 $85 per inspection cycle.. $13,005 per inspection
cycle.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any on-condition
replacement that would be required based on the results of the
inspections. The FAA has no way of determining the number of
helicopters that might need this replacement:
Estimated Costs of On-Condition Actions *
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost helicopter
----------------------------------------------------------------------------------------------------------------
Replacement................................... 3 work-hours x $85 per hour = $615 $870
$255.
Reporting..................................... 1 work-hour x $85 per hour = $85 0 85
----------------------------------------------------------------------------------------------------------------
The FAA has included all known costs in this cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.
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 currently valid OMB control number. The OMB
control number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to be
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, completing and reviewing the collection of
information. All responses to this collection of information are
mandatory. Send comments regarding this burden estimate or any other
aspect of this
[[Page 46765]]
collection of information, including suggestions for reducing this
burden 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
The FAA determined that this AD would not have federalism
implications under Executive Order 13132. This AD would 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 this regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
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:
2021-17-10 Leonardo S.p.a: Amendment 39-21693; Docket No. FAA-2021-
0672; Project Identifier MCAI-2021-00304-R.
(a) Effective Date
This airworthiness directive (AD) becomes effective September 7,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model A109A, A109A II, A109C,
A109E, A109K2, A109S, and AW109SP helicopters, certificated in any
category, with a rotor brake kit identified in European Union
Aviation Safety Agency (EASA) AD 2021-0067, dated March 9, 2021
(EASA AD 2021-0067).
(d) Subject
Joint Aircraft System Component (JASC) Codes 6321, Main Rotor
Brake.
(e) Unsafe Condition
This AD was prompted by a report of un-commanded activation of
the rotor brake system before take-off due to a jammed rotor brake
control cable and subsequent partially open brake control valve. The
FAA is issuing this AD to address un-commanded activation of the
rotor brake system, which could lead to failure of the rotor brake
system, with consequent damage to surrounding critical equipment,
and 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 2021-0067.
(h) Exceptions to EASA AD 2021-0067
(1) Where EASA AD 2021-0067 requires compliance from its
effective date, this AD requires using the effective date of this
AD.
(2) This AD does not require the ``Remarks'' section of EASA AD
2021-0067.
(3) Where EASA AD 2021-0067 requires compliance in terms of
flight hours (FH), this AD requires using hours time-in-service.
(4) Where paragraph (2) of EASA AD 2021-0067 requires replacing
the affected part if any defect is found, for purposes of this AD, a
defect also includes compromised integrity of the control cable
strands (e.g., fraying or a kink).
(5) Where the service information required by EASA AD 2021-0067
specifies replacing the affected part if any damage is found, for
purposes of this AD, damage includes clicks or breakings when the
rotor brake lever is moved forward and backward.
(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 the rotor brake system
is de-activated or rendered inoperable.
(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 Darren Gassetto,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; phone: (516) 228-7323; 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.
(i) European Union Aviation Safety Agency (EASA) AD 2021-0067,
dated March 9, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0067, 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.
(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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0672.
(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 46766]]
Issued on August 12, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-17974 Filed 8-18-21; 11:15 am]
BILLING CODE 4910-13-P
