Airworthiness Directives; Leonardo S.p.a. Helicopters, 53189-53192 [2021-20826]

Download as PDF Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations sanding). The unsafe condition, if not addressed, could result in fatigue cracks and fracture of the tail rotor slider assembly, resulting in failure of the tail rotor controls and consequent loss of yaw 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 2018–0292. (h) Exceptions to EASA AD 2018–0292 (1) Where EASA AD 2018–0292 refers to flight hours (FH), this AD requires using hours time-in-service. (2) Where EASA AD 2018–0292 refers to its effective date, this AD requires using the effective date of this AD. (3) Where EASA AD 2018–0292 refers to ‘‘Part I of the ASB,’’ this AD requires using ‘‘Part I of section 3., Accomplishment Instructions of the ASB,’’ and where EASA AD 2018–0292 refers to ‘‘Part II of the ASB,’’ this AD requires using ‘‘Part II of section 3., Accomplishment Instructions of the ASB.’’. (4) Where the service information referred to in EASA AD 2018–0292 specifies to return certain parts, this AD does not include that requirement. (5) Where the service information referred to in EASA AD 2018–0292 specifies to contact Leonardo S.p.a. ‘‘if in doubt’’ regarding if a tail rotor slider assembly needs to be replaced based on evidence of corrosion craters, replacement of an affected slider assembly is required by this AD but contacting Leonardo S.p.a. is not required by this AD. (6) The ‘‘Remarks’’ section of EASA AD 2018–0292 does not apply to this AD. (i) No Reporting Requirement Although the service information referenced in EASA AD 2018–0292 specifies to submit certain information to the manufacturer, this AD does not include that requirement. lotter on DSK11XQN23PROD with RULES1 (j) Alternative Methods of Compliance (AMOCs) 16:20 Sep 24, 2021 Jkt 253001 (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 Aviation Safety Agency (EASA) AD 2018–0292, dated December 28, 2018. (ii) [Reserved] (3) For EASA AD 2018–0292, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +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 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. 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–2021–0507. (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. Issued on August 26, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–20827 Filed 9–24–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION (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. VerDate Sep<11>2014 (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 andrea.jimenez@faa.gov. Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2021–0724; Project Identifier MCAI–2021–00321–R; Amendment 39–21723; AD 2021–19–05] RIN 2120–AA64 Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: Frm 00005 Fmt 4700 The FAA is adopting a new airworthiness directive (AD) for all Leonardo S.p.a. Model AB412 and AB412 EP helicopters. This AD was prompted by a report of a cracked hoist support assembly having a certain part number. This AD requires a one-time inspection of the hoist support assembly and, depending on the findings, replacement with a serviceable part, as specified in a European Union Aviation Safety Agency (EASA) Emergency 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 October 12, 2021. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 12, 2021. The FAA must receive comments on this AD by November 12, 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 EASA material incorporated by reference (IBR) in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; internet www.easa.europa.eu. You may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view the EASA 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 the EASA material at the FAA, call (817) 222–5110. The EASA material is also available at https:// www.regulations.gov by searching for and locating Docket No. FAA–2021– 0724. SUMMARY: Examining the AD Docket Airworthiness Directives; Leonardo S.p.a. Helicopters PO 00000 53189 Sfmt 4700 You may examine the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0724; 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 E:\FR\FM\27SER1.SGM 27SER1 53190 Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations AD, the EASA AD, any comments received, and other information. The street address for Docket Operations is listed above. FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer, COS Program Management Section, FAA, Operational Safety Branch, Compliance & Airworthiness Division, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone (516) 228–7323; email Darren.Gassetto@ faa.gov. SUPPLEMENTARY INFORMATION: Background The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA Emergency AD 2021–0072–E, dated March 12, 2021 (EASA Emergency AD 2021–0072–E) (also referred to as the Mandatory Continuing Airworthiness Information, or the MCAI), to correct an unsafe condition for Leonardo S.p.a. (formerly AgustaWestland S.p.A., Agusta S.p.A., and Costruzioni Aeronautiche Giovanni Agusta) Model AB412 and AB412 EP helicopters, all serial numbers. This AD was prompted by a report of a cracked hoist support assembly having part number (P/N) 212–8800–02–1 on a Leonardo S.p.a. Model AB412 military helicopter. The investigation is still ongoing. This same part is installed on Leonardo S.p.a. Model AB412 civil helicopters. The FAA is issuing this AD to address cracking in a hoist support assembly which, if not addressed, could affect the structural integrity of the hoist support assembly, leading to in-flight detachment of the hoist assembly, and possibly resulting in damage to, and reduced control of, the helicopter. See the MCAI for additional background information. lotter on DSK11XQN23PROD with RULES1 Related Service Information Under 1 CFR Part 51 EASA Emergency AD 2021–0072–E specifies procedures for a one-time inspection of any hoist support assembly having P/N 212–8800–02–1 for cracking and, depending on the findings, replacement with a serviceable part. EASA Emergency AD 2021–0072– E also specifies reporting the inspection results to Leonardo S.p.a. 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 VerDate Sep<11>2014 16:20 Sep 24, 2021 Jkt 253001 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 these same type designs. Requirements of This AD This AD requires accomplishing the actions specified in EASA Emergency AD 2021–0072–E, described previously, as incorporated by reference, except for any differences identified as exceptions 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 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 Emergency AD 2021–0072–E is incorporated by reference in this FAA final rule. This AD, therefore, requires compliance with EASA Emergency AD 2021–0072–E 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 this AD requirement is not limited to the section titled ‘‘Required Action(s) and Compliance Time(s)’’ in the EASA AD. Service information specified in EASA Emergency AD 2021–0072–E that is required for compliance with EASA Emergency AD 2021–0072–E is available on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2021– 0724. Interim Action The FAA considers this AD interim action. If final action is later identified, the FAA might consider further rulemaking then. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Justification for Immediate Adoption and Determination of the Effective Date Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for ‘‘good cause’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause. There are currently no domestic operators of these products. Therefore, the FAA finds that notice and opportunity for prior public comment are unnecessary pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the foregoing reason, 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– 2021–0724; Project Identifier MCAI– 2021–00321–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 E:\FR\FM\27SER1.SGM 27SER1 Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations 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, FAA, Operational Safety Branch, Compliance & Airworthiness Division, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone (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. 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 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. Regulatory Findings lotter on DSK11XQN23PROD with RULES1 Costs of Compliance There are no costs of compliance with this AD because there are no helicopters with this type certificate on the U.S. Registry. 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 VerDate Sep<11>2014 16:20 Sep 24, 2021 Jkt 253001 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 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: ■ 2021–19–05 Leonardo S.p.a.: Amendment 39–21723; Docket No. FAA–2021–0724; Project Identifier MCAI–2021–00321–R. (a) Effective Date This airworthiness directive (AD) becomes effective October 12, 2021. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 53191 (b) Affected ADs None. (c) Applicability This AD applies to all Leonardo S.p.a. Model AB412 and AB412 EP helicopters, certificated in any category. (d) Subject Joint Aircraft System Component (JASC) Codes 2500, Cabin Equipment/Furnishings; 2550, Cargo Compartments. (e) Unsafe Condition This AD was prompted by a report of a cracked hoist support assembly on a Leonardo S.p.a. Model AB412 military helicopter. The FAA is issuing this AD to address cracking in a hoist support assembly which, if not addressed, could affect the structural integrity of the hoist support assembly, leading to in-flight detachment of the hoist assembly, and possibly resulting in damage to, and 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) Emergency AD 2021– 0072–E, dated March 12, 2021 (EASA Emergency AD 2021–0072–E). (h) Exceptions to EASA Emergency AD 2021– 0072–E (1) Where EASA Emergency AD 2021– 0072–E refers to its effective date, this AD requires using the effective date of this AD. (2) This AD does not require the ‘‘Remarks’’ section of EASA Emergency AD 2021–0072–E. (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 helicopter can be modified (if the operator elects to do so), provided the hoist is not used until the inspection and any applicable corrective actions specified in paragraphs (1) and (2) of EASA Emergency AD 2021–0072–E are completed. (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, E:\FR\FM\27SER1.SGM 27SER1 53192 Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations 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, FAA, Operational Safety Branch, Compliance & Airworthiness Division, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone (516) 228–7323; email Darren.Gassetto@faa.gov. (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) Emergency AD 2021–0072–E, dated March 12, 2021. (ii) [Reserved] (3) For EASA Emergency AD 2021–0072– E, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +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–2021–0724. (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. [FR Doc. 2021–20826 Filed 9–24–21; 8:45 am] lotter on DSK11XQN23PROD with RULES1 BILLING CODE 4910–13–P VerDate Sep<11>2014 16:20 Sep 24, 2021 Jkt 253001 Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2021–0721; Project Identifier MCAI–2020–00616–R; Amendment 39–21713; AD 2021–18–12] RIN 2120–AA64 Airworthiness Directives; PZL Swidnik S.A. Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: (l) Material Incorporated by Reference Issued on August 31, 2021. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. DEPARTMENT OF TRANSPORTATION The FAA is adopting a new airworthiness directive (AD) for certain PZL Swidnik S.A. Model PZL W–3A helicopters. This AD was prompted by a report of fractured hoist carrying assembly bracket (bracket) bolts. This AD requires repetitively inspecting the sealing compound of certain partnumbered brackets, and depending on the results, removing the hoist or removing the hardware from service and installing new hardware. As an option to replacing the bolts, this AD allows deactivating the hoist, turning the circuit breaker panel switches to the OFF position, installing inoperative placards on the circuit breaker panel switches, and before each flight, inspecting the sealing compound. This AD also establishes a life limit for the bracket bolts, and prohibits installing an affected hoist or an affected bracket and hoist unless the actions required by this AD have been accomplished. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD becomes effective October 12, 2021. The Director of the Federal Register approved the incorporation by reference of a certain document listed in this AD as of October 12, 2021. The FAA must receive comments on this AD by November 12, 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. SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 For service information identified in this final rule, contact WSK ‘‘PZLS´widnik’’ S.A., Al. Lotniko´w Polskich 1, 21–045 S´widnik, Poland; telephone (+48) 81722 5716; fax (+48) 81722 5625; email: PL-CustomerSupport.AW@ leonardocompany.com; or at https:// www.pzlswidnik.pl/en/home. 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. It is also available at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0721. Examining the AD Docket You may examine the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0721; 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 European Union Aviation Safety Agency (EASA) AD, any comments received, and other information. The street address for Docket Operations is listed above. FOR FURTHER INFORMATION CONTACT: Fred Guerin, Aerospace Engineer, General Aviation & Rotorcraft Section, International Validation Branch, Compliance & Airworthiness Division, FAA, 2200 S 216th St., Des Moines, WA 98198; telephone (202) 267–7457; email fred.guerin@faa.gov. SUPPLEMENTARY INFORMATION: Background EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA Emergency AD 2019–0191–E, dated July 31, 2019 (EASA Emergency AD 2019–0191–E), to correct an unsafe condition for Wytwo´rnia Sprze˛tu Komunikacyjnego (WSK) ‘‘PZL-S´widnik’’ Spo´5ka Akcyjna (S.A.) Model PZL W–3A helicopters. EASA advises of a report of fractured bracket bolts. This condition, if not addressed, could result in detachment of the bracket resulting in movement of the hoist carrying assembly around the axis of the remaining two lower brackets, and subsequent damage to the helicopter and loss of hoisted load or person(s). Accordingly, EASA Emergency AD 2019–0191–E requires repetitive inspections of the sealing compound around the affected brackets and, depending on the findings, accomplishing applicable corrective actions. EASA Emergency AD 2019– E:\FR\FM\27SER1.SGM 27SER1

Agencies

[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Rules and Regulations]
[Pages 53189-53192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20826]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0724; Project Identifier MCAI-2021-00321-R; 
Amendment 39-21723; AD 2021-19-05]
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 all 
Leonardo S.p.a. Model AB412 and AB412 EP helicopters. This AD was 
prompted by a report of a cracked hoist support assembly having a 
certain part number. This AD requires a one-time inspection of the 
hoist support assembly and, depending on the findings, replacement with 
a serviceable part, as specified in a European Union Aviation Safety 
Agency (EASA) Emergency 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 October 12, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 12, 
2021.
    The FAA must receive comments on this AD by November 12, 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 EASA material incorporated by reference (IBR) in this AD, 
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 this IBR material on the EASA website 
at https://ad.easa.europa.eu. You may view the EASA 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 the EASA material at the FAA, call (817) 222-5110. The 
EASA material is also available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0724.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0724; 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

[[Page 53190]]

AD, the EASA AD, any comments received, and other information. The 
street address for Docket Operations is listed above.

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

SUPPLEMENTARY INFORMATION:

Background

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA Emergency AD 2021-0072-E, dated March 
12, 2021 (EASA Emergency AD 2021-0072-E) (also referred to as the 
Mandatory Continuing Airworthiness Information, or the MCAI), to 
correct an unsafe condition for Leonardo S.p.a. (formerly 
AgustaWestland S.p.A., Agusta S.p.A., and Costruzioni Aeronautiche 
Giovanni Agusta) Model AB412 and AB412 EP helicopters, all serial 
numbers.
    This AD was prompted by a report of a cracked hoist support 
assembly having part number (P/N) 212-8800-02-1 on a Leonardo S.p.a. 
Model AB412 military helicopter. The investigation is still on-going. 
This same part is installed on Leonardo S.p.a. Model AB412 civil 
helicopters. The FAA is issuing this AD to address cracking in a hoist 
support assembly which, if not addressed, could affect the structural 
integrity of the hoist support assembly, leading to in-flight 
detachment of the hoist assembly, and possibly resulting in damage to, 
and reduced control of, the helicopter. See the MCAI for additional 
background information.

Related Service Information Under 1 CFR Part 51

    EASA Emergency AD 2021-0072-E specifies procedures for a one-time 
inspection of any hoist support assembly having P/N 212-8800-02-1 for 
cracking and, depending on the findings, replacement with a serviceable 
part. EASA Emergency AD 2021-0072-E also specifies reporting the 
inspection results to Leonardo S.p.a.
    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 
these same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA 
Emergency AD 2021-0072-E, described previously, as incorporated by 
reference, except for any differences identified as exceptions 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 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 Emergency AD 2021-
0072-E is incorporated by reference in this FAA final rule. This AD, 
therefore, requires compliance with EASA Emergency AD 2021-0072-E 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 this AD requirement is 
not limited to the section titled ``Required Action(s) and Compliance 
Time(s)'' in the EASA AD. Service information specified in EASA 
Emergency AD 2021-0072-E that is required for compliance with EASA 
Emergency AD 2021-0072-E is available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0724.

Interim Action

    The FAA considers this AD interim action. If final action is later 
identified, the FAA might consider further rulemaking then.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    There are currently no domestic operators of these products. 
Therefore, the FAA finds that notice and opportunity for prior public 
comment are unnecessary pursuant to 5 U.S.C. 553(b)(3)(B). In addition, 
for the foregoing reason, 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-2021-0724; Project Identifier MCAI-
2021-00321-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

[[Page 53191]]

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, FAA, Operational Safety Branch, Compliance & 
Airworthiness Division, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone (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

    There are no costs of compliance with this AD because there are no 
helicopters with this type certificate on the U.S. Registry.

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

    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:

2021-19-05 Leonardo S.p.a.: Amendment 39-21723; Docket No. FAA-2021-
0724; Project Identifier MCAI-2021-00321-R.

(a) Effective Date

    This airworthiness directive (AD) becomes effective October 12, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model AB412 and AB412 EP 
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Codes 2500, Cabin 
Equipment/Furnishings; 2550, Cargo Compartments.

(e) Unsafe Condition

    This AD was prompted by a report of a cracked hoist support 
assembly on a Leonardo S.p.a. Model AB412 military helicopter. The 
FAA is issuing this AD to address cracking in a hoist support 
assembly which, if not addressed, could affect the structural 
integrity of the hoist support assembly, leading to in-flight 
detachment of the hoist assembly, and possibly resulting in damage 
to, and 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) 
Emergency AD 2021-0072-E, dated March 12, 2021 (EASA Emergency AD 
2021-0072-E).

(h) Exceptions to EASA Emergency AD 2021-0072-E

    (1) Where EASA Emergency AD 2021-0072-E refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) This AD does not require the ``Remarks'' section of EASA 
Emergency AD 2021-0072-E.

(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 
helicopter can be modified (if the operator elects to do so), 
provided the hoist is not used until the inspection and any 
applicable corrective actions specified in paragraphs (1) and (2) of 
EASA Emergency AD 2021-0072-E are completed.

(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,

[[Page 53192]]

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, FAA, Operational 
Safety Branch, Compliance & Airworthiness Division, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone (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) Emergency AD 
2021-0072-E, dated March 12, 2021.
    (ii) [Reserved]
    (3) For EASA Emergency AD 2021-0072-E, contact the EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 
email [email protected]; internet www.easa.europa.eu. You may find 
this 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-
2021-0724.
    (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 August 31, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-20826 Filed 9-24-21; 8:45 am]
BILLING CODE 4910-13-P