Airworthiness Directives; Leonardo S.p.a. Helicopters

[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]


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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.

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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:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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]
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