Airworthiness Directives; Leonardo S.p.a. Helicopters, 66077-66080 [2022-23777]
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Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Rules and Regulations
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[FR Doc. 2022–23754 Filed 11–1–22; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1307; Project
Identifier MCAI–2022–01331–R; Amendment
39–22218; AD 2022–22–03]
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 AB139 and
AW139 helicopters. This AD was
prompted by a report of smoke and fire
in the cockpit. This AD requires
inspecting the forward cabin roof ceiling
harnesses and installation, 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.
SUMMARY:
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66077
This AD becomes effective
November 17, 2022.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of November 17, 2022.
The FAA must receive comments on
this AD by December 19, 2022.
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
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.
AD Docket: You may examine the AD
docket at regulations.gov by searching
for and locating Docket No. FAA–2022–
1307; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
any comments received, and other
information. The street address for
Docket Operations is listed above.
DATES:
Material Incorporated by Reference
• For EASA material incorporated by
reference (IBR) in this final rule, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
internet easa.europa.eu. You may find
this IBR material on the EASA website
at 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 at regulations.gov by
searching for and locating Docket No.
FAA–2022–1307.
Other Related Service Information:
For Leonardo Helicopters service
information identified in this final rule,
contact Leonardo S.p.A. Helicopters,
Emanuele Bufano, Head of
Airworthiness, Viale G. Agusta 520,
21017 C. Costa di Samarate (Va) Italy;
telephone (+39) 0331–225074; fax (+39)
0331–229046; or at
customerportal.leonardocompany.com/
en-US/. This service information is also
available at the contact information
under Material Incorporated by
Reference above.
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Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Kristi Bradley, Acting 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.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA Emergency AD
2022–0209–E, dated October 12, 2022
(EASA AD 2022–0209–E), to correct an
unsafe condition for certain serialnumbered Leonardo S.p.A. Helicopters,
formerly Finmeccanica S.p.A,
AgustaWestland S.p.A., Agusta S.p.A.;
and AgustaWestland Philadelphia
Corporation, formerly Agusta Aerospace
Corporation, Model AB139 and AW139
helicopters.
This AD was prompted by a report of
smoke and fire in the cockpit and
subsequent reduced control of the
helicopter. The FAA is issuing this AD
to address improper installation of the
forward cabin roof ceiling harnesses,
which could result in damage of the
electrical wiring, fire in the forward
cabin roof ceiling, and possible loss of
control of the helicopter. See EASA AD
2022–0209–E for additional background
information.
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Related Service Information Under 1
CFR Part 51
EASA AD 2022–0209–E requires a
one-time borescope inspection of the
cable installation, and a one-time visual
inspection for damage of the cables and
the diode in the forward cabin roof
ceiling. Depending on the results, EASA
AD 2022–0209–E requires an additional
inspection, contacting Leonardo for
approved corrective action(s)
instructions and accomplishing those
instructions accordingly, restoring the
correct installation of the cables, or
restoring the required clearance.
This material is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
Other Related Service Information
The FAA also reviewed Leonardo
Helicopters Emergency Alert Service
Bulletin No. 139–731, dated October 11,
2022. This service information specifies
procedures for borescope inspecting the
forward cabin roof ceiling harnesses
installation in the area between STA
3120 and 3400, and depending on the
results, inspecting the harnesses for
chafing and damage, inspecting the
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torque tube C3 for damage, adjusting the
strip installation, and contacting
Leonardo for further instruction. This
service information also specifies
procedures for inspecting the diode A77
harness installation in the area between
STA 3400 and 3900 for chafing and
damage, ensuring the minimum
clearance between the harness and
diode A77 and if necessary, re-routing
the cable harnesses to meet the
minimum clearance, visually inspecting
diode A77 for damage, and depending
on the results, contacting Leonardo for
further instruction.
FAA’s Determination
These helicopters have been approved
by the aviation authority of Italy and are
approved for operation in the United
States. Pursuant to the FAA’s bilateral
agreement with Italy, EASA, its
technical representative, has notified
the FAA of the unsafe condition
described in its emergency AD. 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 helicopters of these same type
designs.
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2022–
0209–E, described previously, as IBRed,
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
EASA AD.’’
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, EASA AD 2022–
0209–E is IBRed in this FAA final rule.
This AD, therefore, requires compliance
with EASA AD 2022–0209–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 EASA AD 2022–0209–E 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
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‘‘Required Action(s) and Compliance
Time(s)’’ in EASA AD 2022–0209–E.
Service information referenced in EASA
AD 2022–0209–E for compliance will be
available at regulations.gov by searching
for and locating Docket No. FAA–2022–
1307 after this final rule is published.
Differences Between This AD and the
EASA AD
EASA AD 2022–0209–E requires
contacting Leonardo for approved
corrective action(s) instructions, where
this AD requires repair done in
accordance with a specified method.
EASA AD 2022–0209–E specifies
reporting certain inspection results
within 30 days after completing the
inspection, where this AD requires
reporting those inspection results
within 10 days after completing the
inspection.
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.
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 foregoing notice
and comment prior to adoption of this
rule because damage and chafing of the
forward cabin roof ceiling harnesses
could lead to smoke and fire in the
cockpit and possible reduced flight
control during any phase of flight
without any previous indications. This
unsafe condition was discovered after
an initial investigation following a
recent occurrence of smoke and fire
ignition in the cockpit and reduced
control of a Model AW139 helicopter,
and this condition may currently exist
in other helicopters. Therefore, the
initial action required by this AD must
be accomplished within 10 hours time-
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Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Rules and Regulations
in-service. This compliance time is
shorter than the time necessary for the
public to comment and for publication
of the final rule. Accordingly, notice
and opportunity for prior public
comment are impracticable and contrary
to the 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, for the same reasons
the FAA found good cause to forego
notice and comment.
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Comments Invited
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2022–1307;
Project Identifier MCAI–2022–01331–R’’
at the beginning of your comments. The
most helpful comments reference a
specific portion of the final rule, 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 final rule 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
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this final rule.
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 Kristi Bradley, Acting
Program Manager, COS Program
Management Section, Operational
Safety Branch, Compliance &
Airworthiness Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
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15:49 Nov 01, 2022
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telephone (817) 222–5110; email
kristin.bradley@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
The requirements of the Regulatory
Flexibility Act (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 126 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.
Inspecting the harness installation,
and if required, inspecting for chafing
and damage and correcting the
installation, takes up to about 2 workhours for an estimated cost of up to
$170 per helicopter and $21,420 for the
U.S. fleet. Inspecting the diode harness
installation for chafing and damage and
ensuring required clearance, and if
required, re-routing the harness, takes
up to about 10 work-hours for an
estimated cost of up to $850 per
helicopter and $107,100 for the U.S.
fleet. The FAA has no way of knowing
the costs to accomplish approved
repairs. If required, reporting
information takes about 1 work-hour for
an estimated cost of $85.
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some 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, and completing and
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66079
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
collection of information, including
suggestions for reducing this burden, to:
Information Collection Clearance
Officer, Federal Aviation
Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed, I certify
that this AD:
(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:
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Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Rules and Regulations
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:
■
2022–22–03 Leonardo S.p.a.: Amendment
39–22218; Docket No. FAA–2022–1307;
Project Identifier MCAI–2022–01331–R.
(a) Effective Date
This airworthiness directive (AD) is
effective November 17, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model
AB139 and AW139 helicopters serial
numbers (S/Ns) 31005 through 31984
inclusive (except S/Ns 31007, 31803, 31959,
31967, 31969, 31974, 31982, and 31983), S/
Ns 41001 through 41580 inclusive, and S/Ns
41801 through 41806 inclusive, certificated
in any category.
(d) Subject
Joint Aircraft System Component (JASC)
Code: 2497, Electrical Power System Wiring.
(e) Unsafe Condition
This AD was prompted by a report of
smoke and fire in the cockpit and subsequent
reduced control of the helicopter. The FAA
is issuing this AD to address improper
installation of the forward cabin roof ceiling
harnesses. The unsafe condition, if not
addressed, could result in damage of the
electrical wiring, fire in the forward cabin
roof ceiling, and possible loss of control of
the helicopter.
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
corrective action(s) instructions, this AD
requires repair done in accordance with a
method approved by the Manager, General
Aviation & Rotorcraft Section, International
Validation Branch, FAA; or EASA; or
Leonardo S.p.a. Helicopters EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(4) Where paragraph (9) of EASA AD 2022–
0209–E specifies reporting inspection results
to Leonardo within 30 days after completing
an inspection that detects any discrepancy,
this AD requires reporting those inspection
results at the applicable compliance time in
paragraph (h)(4)(i) or (ii) of this AD.
(i) If the inspection was done on or after
the effective date of this AD: Submit the
report within 10 days after completing the
inspection.
(ii) If the inspection was done before the
effective date of this AD: Submit the report
within 10 days after the effective date of this
AD.
(5) The ‘‘Remarks’’ section of EASA AD
2022–0209–E does not apply to this AD.
(i) Special Flight Permit
Special flight permits may be issued in
accordance with 14 CFR 21.197 and 21.199,
provided no passengers are onboard.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, send it to the attention of the person
identified in paragraph (k) of this AD.
Information may be emailed to: 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.
(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 Emergency AD 2022–0209–E,
dated October 12, 2022 (EASA AD 2022–
0209–E).
(k) Related Information
For more information about this AD,
contact Kristi Bradley, Acting 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.
(h) Exceptions to EASA AD 2022–0209–E
(1) Where EASA AD 2022–0209–E requires
compliance in terms of flight hours, this AD
requires using hours time-in-service.
(2) Where EASA AD 2022–0209–E refers to
its effective date, this AD requires using the
effective date of this AD.
(3) Where the service information
referenced in EASA AD 2022–0209–E
specifies to contact Product Support
Engineering in order to receive further
instruction and where EASA AD 2022–0209–
E requires contacting Leonardo for approved
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) Emergency AD 2022–0209–E, dated
October 12, 2022.
(ii) [Reserved]
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(3) For EASA Emergency AD 2022–0209–
E, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
internet easa.europa.eu. You may find the
EASA material on the EASA website at
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.
(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:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on October 14, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–23777 Filed 10–27–22; 4:15 pm]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–0159; Project
Identifier AD–2021–01019–T; Amendment
39–22199; AD 2022–20–15]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all The
Boeing Company Model 757 airplanes.
This AD was prompted by a report of
cracks found in the fastener holes at a
certain location in the center wing box
rear spar, lower skin. This AD requires
repetitive inspections for cracking of
certain areas of the center wing box rear
spar, lower skin and lower chord; and
repair. The FAA is issuing this AD to
address the unsafe condition on these
products.
DATES: This AD is effective December 7,
2022.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 7, 2022.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–0159; or in person at
Docket Operations between 9 a.m. and
SUMMARY:
E:\FR\FM\02NOR1.SGM
02NOR1
]]>Agencies
[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Rules and Regulations]
[Pages 66077-66080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23777]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1307; Project Identifier MCAI-2022-01331-R;
Amendment 39-22218; AD 2022-22-03]
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 AB139 and AW139 helicopters. This AD was
prompted by a report of smoke and fire in the cockpit. This AD requires
inspecting the forward cabin roof ceiling harnesses and installation,
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 November 17, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 17,
2022.
The FAA must receive comments on this AD by December 19, 2022.
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 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.
AD Docket: You may examine the AD docket at regulations.gov by
searching for and locating Docket No. FAA-2022-1307; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The street address for Docket
Operations is listed above.
Material Incorporated by Reference
For EASA material incorporated by reference (IBR) in this
final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000; email [email protected]; internet
easa.europa.eu. You may find this IBR material on the EASA website at
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 at regulations.gov by searching for and locating Docket No.
FAA-2022-1307.
Other Related Service Information: For Leonardo Helicopters service
information identified in this final rule, contact Leonardo S.p.A.
Helicopters, Emanuele Bufano, Head of Airworthiness, Viale G. Agusta
520, 21017 C. Costa di Samarate (Va) Italy; telephone (+39) 0331-
225074; fax (+39) 0331-229046; or at
customerportal.leonardocompany.com/en-US/. This service information is
also available at the contact information under Material Incorporated
by Reference above.
[[Page 66078]]
FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Acting 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
[email protected].
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD 2022-0209-E, dated October
12, 2022 (EASA AD 2022-0209-E), to correct an unsafe condition for
certain serial-numbered Leonardo S.p.A. Helicopters, formerly
Finmeccanica S.p.A, AgustaWestland S.p.A., Agusta S.p.A.; and
AgustaWestland Philadelphia Corporation, formerly Agusta Aerospace
Corporation, Model AB139 and AW139 helicopters.
This AD was prompted by a report of smoke and fire in the cockpit
and subsequent reduced control of the helicopter. The FAA is issuing
this AD to address improper installation of the forward cabin roof
ceiling harnesses, which could result in damage of the electrical
wiring, fire in the forward cabin roof ceiling, and possible loss of
control of the helicopter. See EASA AD 2022-0209-E for additional
background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0209-E requires a one-time borescope inspection of the
cable installation, and a one-time visual inspection for damage of the
cables and the diode in the forward cabin roof ceiling. Depending on
the results, EASA AD 2022-0209-E requires an additional inspection,
contacting Leonardo for approved corrective action(s) instructions and
accomplishing those instructions accordingly, restoring the correct
installation of the cables, or restoring the required clearance.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
Other Related Service Information
The FAA also reviewed Leonardo Helicopters Emergency Alert Service
Bulletin No. 139-731, dated October 11, 2022. This service information
specifies procedures for borescope inspecting the forward cabin roof
ceiling harnesses installation in the area between STA 3120 and 3400,
and depending on the results, inspecting the harnesses for chafing and
damage, inspecting the torque tube C3 for damage, adjusting the strip
installation, and contacting Leonardo for further instruction. This
service information also specifies procedures for inspecting the diode
A77 harness installation in the area between STA 3400 and 3900 for
chafing and damage, ensuring the minimum clearance between the harness
and diode A77 and if necessary, re-routing the cable harnesses to meet
the minimum clearance, visually inspecting diode A77 for damage, and
depending on the results, contacting Leonardo for further instruction.
FAA's Determination
These helicopters have been approved by the aviation authority of
Italy and are approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with Italy, EASA, its technical
representative, has notified the FAA of the unsafe condition described
in its emergency AD. 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 helicopters of these same
type designs.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2022-0209-E, described previously, as IBRed, 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 EASA AD.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2022-0209-E is IBRed in this FAA final rule. This AD,
therefore, requires compliance with EASA AD 2022-0209-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 EASA AD 2022-
0209-E 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 EASA AD 2022-0209-E. Service information referenced in
EASA AD 2022-0209-E for compliance will be available at regulations.gov
by searching for and locating Docket No. FAA-2022-1307 after this final
rule is published.
Differences Between This AD and the EASA AD
EASA AD 2022-0209-E requires contacting Leonardo for approved
corrective action(s) instructions, where this AD requires repair done
in accordance with a specified method. EASA AD 2022-0209-E specifies
reporting certain inspection results within 30 days after completing
the inspection, where this AD requires reporting those inspection
results within 10 days after completing the inspection.
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.
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 foregoing notice and comment prior to adoption of this rule
because damage and chafing of the forward cabin roof ceiling harnesses
could lead to smoke and fire in the cockpit and possible reduced flight
control during any phase of flight without any previous indications.
This unsafe condition was discovered after an initial investigation
following a recent occurrence of smoke and fire ignition in the cockpit
and reduced control of a Model AW139 helicopter, and this condition may
currently exist in other helicopters. Therefore, the initial action
required by this AD must be accomplished within 10 hours time-
[[Page 66079]]
in-service. This compliance time is shorter than the time necessary for
the public to comment and for publication of the final rule.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the 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,
for the same reasons the FAA found good cause to forego notice and
comment.
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-1307; Project Identifier MCAI-
2022-01331-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
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 Kristi
Bradley, Acting 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 [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
The requirements of the Regulatory Flexibility Act (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 126 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.
Inspecting the harness installation, and if required, inspecting
for chafing and damage and correcting the installation, takes up to
about 2 work-hours for an estimated cost of up to $170 per helicopter
and $21,420 for the U.S. fleet. Inspecting the diode harness
installation for chafing and damage and ensuring required clearance,
and if required, re-routing the harness, takes up to about 10 work-
hours for an estimated cost of up to $850 per helicopter and $107,100
for the U.S. fleet. The FAA has no way of knowing the costs to
accomplish approved repairs. If required, reporting information takes
about 1 work-hour for an estimated cost of $85.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some 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, and 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 collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national Government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed, I certify that this AD:
(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:
[[Page 66080]]
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2022-22-03 Leonardo S.p.a.: Amendment 39-22218; Docket No. FAA-2022-
1307; Project Identifier MCAI-2022-01331-R.
(a) Effective Date
This airworthiness directive (AD) is effective November 17,
2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model AB139 and AW139
helicopters serial numbers (S/Ns) 31005 through 31984 inclusive
(except S/Ns 31007, 31803, 31959, 31967, 31969, 31974, 31982, and
31983), S/Ns 41001 through 41580 inclusive, and S/Ns 41801 through
41806 inclusive, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code: 2497, Electrical
Power System Wiring.
(e) Unsafe Condition
This AD was prompted by a report of smoke and fire in the
cockpit and subsequent reduced control of the helicopter. The FAA is
issuing this AD to address improper installation of the forward
cabin roof ceiling harnesses. The unsafe condition, if not
addressed, could result in damage of the electrical wiring, fire in
the forward cabin roof ceiling, and possible loss of control of the
helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency Emergency AD
2022-0209-E, dated October 12, 2022 (EASA AD 2022-0209-E).
(h) Exceptions to EASA AD 2022-0209-E
(1) Where EASA AD 2022-0209-E requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
(2) Where EASA AD 2022-0209-E refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where the service information referenced in EASA AD 2022-
0209-E specifies to contact Product Support Engineering in order to
receive further instruction and where EASA AD 2022-0209-E requires
contacting Leonardo for approved corrective action(s) instructions,
this AD requires repair done in accordance with a method approved by
the Manager, General Aviation & Rotorcraft Section, International
Validation Branch, FAA; or EASA; or Leonardo S.p.a. Helicopters EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
(4) Where paragraph (9) of EASA AD 2022-0209-E specifies
reporting inspection results to Leonardo within 30 days after
completing an inspection that detects any discrepancy, this AD
requires reporting those inspection results at the applicable
compliance time in paragraph (h)(4)(i) or (ii) of this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 10 days after completing the
inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 10 days after the effective date
of this AD.
(5) The ``Remarks'' section of EASA AD 2022-0209-E does not
apply to this AD.
(i) Special Flight Permit
Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199, provided no passengers are onboard.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k) of
this AD. Information may be emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(k) Related Information
For more information about this AD, contact Kristi Bradley,
Acting 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 [email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) Emergency AD
2022-0209-E, dated October 12, 2022.
(ii) [Reserved]
(3) For EASA Emergency AD 2022-0209-E, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000;
email [email protected]; internet easa.europa.eu. You may find the
EASA material on the EASA website at 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.
(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: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on October 14, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-23777 Filed 10-27-22; 4:15 pm]
BILLING CODE 4910-13-P
