Rule2021-22510
Airworthiness Directives; Leonardo S.p.a. Helicopters
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 19, 2021
Effective
November 3, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain serial-numbered Leonardo S.p.a. Model AW119 MKII helicopters. This AD was prompted by the discovery that the passenger cabin windows (windows) on a batch of helicopters were improperly installed during production. This AD requires removing and reinstalling the windows. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 199 (Tuesday, October 19, 2021)</title>
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[Federal Register Volume 86, Number 199 (Tuesday, October 19, 2021)]
[Rules and Regulations]
[Pages 57751-57753]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22510]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 /
Rules and Regulations
[[Page 57751]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0837; Project Identifier MCAI-2021-00762-R;
Amendment 39-21756; AD 2021-20-18]
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
certain serial-numbered Leonardo S.p.a. Model AW119 MKII helicopters.
This AD was prompted by the discovery that the passenger cabin windows
(windows) on a batch of helicopters were improperly installed during
production. This AD requires removing and reinstalling the windows. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD becomes effective November 3, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of November 3,
2021.
The FAA must receive comments on this AD by December 3, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 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 <a href="https://customerportal.leonardocompany.com/en-US/">https://customerportal.leonardocompany.com/en-US/</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0837.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0837; 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 Aviation Safety Agency (now 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: Kristi Bradley, Program Manager, COS
Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone (817) 222-5110; email <a href="/cdn-cgi/l/email-protection#97fce5fee4e3fef9b9f5e5f6f3fbf2eed7f1f6f6b9f0f8e1"><span class="__cf_email__" data-cfemail="1d766f746e697473337f6f7c797178645d7b7c7c337a726b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0270, dated December 12, 2018
(EASA AD 2018-0270), to correct an unsafe condition for 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 AW119MKII helicopters, serial
numbers 14831, 14834, 14838, 14840, 14841, 14842, 14843, 14844, 14901,
14904, 14905, 14906, and 14918. EASA advises that during maintenance of
a helicopter, removal of passenger windows could only be accomplished
with difficulty. EASA further advises that subsequent investigation
identified a batch of helicopters on which passenger windows have been
improperly installed during production. According to Leonardo
Helicopters service information, an investigation concluded that the
gasket was bonded to the window (or on both sides) instead of to the
door frame.
This condition, if not corrected, could prevent the jettisoning of
the windows, possibly preventing the evacuation of passengers during an
emergency situation. Accordingly, EASA AD 2018-0270 requires removal
and reinstallation of the passenger windows with the approved design
data.
FAA's Determination
The applicable model helicopter has been approved by EASA and is
approved for operation in the United States. Pursuant to the FAA's
bilateral agreement with the European Union, EASA has notified the FAA
about the unsafe condition described in its AD. The FAA is issuing this
AD after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other helicopters of the same type design.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Leonardo Helicopters Alert Service Bulletin No.
119-094, dated November 15, 2018. This service information specifies
procedures for removing the standard windows installed on the affected
helicopters and reinstalling them in accordance with approved design
data.
This service information 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.
AD Requirements
This AD requires, within 100 hours time-in-service after the
effective date of this AD, removing and reinstalling the left-hand and
right-hand windows by following certain procedures in the service
information.
[[Page 57752]]
Differences Between This AD and the EASA AD
EASA AD 2018-0270 requires discarding certain seal fillers and
gaskets, whereas this AD requires removing those parts from service
instead.
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 no helicopters with this type certificate on the U.S.
Registry. Accordingly, notice and opportunity for prior public comment
are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for
the foregoing reasons, 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 data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0837; Project Identifier MCAI-
2021-00762-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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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, 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
<a href="/cdn-cgi/l/email-protection#c4afb6adb7b0adaaeaa6b6a5a0a8a1bd84a2a5a5eaa3abb2"><span class="__cf_email__" data-cfemail="670c150e14130e0949051506030b021e2701060649000811">[email protected]</span></a>. Any commentary that the FAA receives which 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 prior 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.
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:
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:
2021-20-18 Leonardo S.p.a.: Amendment 39-21756; Docket No. FAA-2021-
0837; Project Identifier MCAI-2021-00762-R.
(a) Effective Date
This airworthiness directive (AD) is effective November 3, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model AW119 MKII helicopters,
certificated in any category, with serial number 14831, 14834,
14838, 14840, 14841, 14842, 14843, 14844, 14901, 14904, 14905,
14906, or 14918.
(d) Subject
Joint Aircraft Service Component (JASC) Code: 5620, Passenger
compartment doors.
(e) Unsafe Condition
This AD was prompted by the discovery of improperly installed
passenger cabin windows (windows). The FAA is issuing this AD to
ensure that each window is properly installed and opens properly.
The unsafe condition, if not addressed, could result in
[[Page 57753]]
occupants not being able to exit the helicopter during an emergency
situation.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Within 100 hours time in service after the effective date of
this AD, replace the left-hand and right-hand windows by following
the Accomplishment Instructions, paragraphs 2. and 3., of Leonardo
Helicopters Alert Service Bulletin No. 119-094, dated November 15,
2018 (ASB119-094), except where ASB 119-094 specifies to discard the
seal filler and gasket, remove those parts from service.
(h) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (i)(1) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#f8c1d5b9aeabd5b9b1aad5cfcbc8d5b9b5b7bbb89e9999d69f978e"><span class="__cf_email__" data-cfemail="a29b8fe3f4f18fe3ebf08f9591928fe3efede1e2c4c3c38cc5cdd4">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(i) Related Information
(1) For more information about this AD, contact Kristi Bradley,
Program Manager, COS Program Management Section, Operational Safety
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email
<a href="/cdn-cgi/l/email-protection#7f140d160c0b1611511d0d1e1b131a063f191e1e51181009"><span class="__cf_email__" data-cfemail="2f445d465c5b4641014d5d4e4b434a566f494e4e01484059">[email protected]</span></a>.
(2) The subject of this AD is addressed in European Aviation
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD
2018-0270, dated December 12, 2018. You may view the EASA AD at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> in Docket No. FAA-2021-0837.
(j) 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 the AD specifies otherwise.
(i) Leonardo Helicopters Alert Service Bulletin No. 119-094,
dated November 15, 2018.
(ii) [Reserved]
(3) For service information identified in this AD, 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 <a href="https://customerportal.leonardocompany.com/en-US/">https://customerportal.leonardocompany.com/en-US/</a>.
(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 service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: <a href="/cdn-cgi/l/email-protection#f09682de999e8380959384999f9eb09e918291de979f86"><span class="__cf_email__" data-cfemail="88eefaa6e1e6fbf8edebfce1e7e6c8e6e9fae9a6efe7fe">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on September 23, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-22510 Filed 10-18-21; 8:45 am]
BILLING CODE 4910-13-P
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