Rule2022-02760
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
February 10, 2022
Effective
February 25, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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 that certain oil and fuel check valves are susceptible to cracking. This AD requires determining whether the affected oil and fuel check valves are installed, visually inspecting the oil and fuel check valves for any crack, and depending on the inspection results, removing certain parts from service. This AD also requires removing affected parts from service and installing serviceable parts, and prohibits the installation of affected parts 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.
Full Text
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<title>Federal Register, Volume 87 Issue 28 (Thursday, February 10, 2022)</title>
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[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7698-7701]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02760]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-1184; Project Identifier MCAI-2021-00573-R;
Amendment 39-21905; AD 2022-02-08]
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 that certain oil and fuel check valves are
susceptible to cracking. This AD requires determining whether the
affected oil and fuel check valves are installed, visually inspecting
the oil and fuel check valves for any crack, and depending on the
inspection results, removing certain parts from service. This AD also
requires removing affected parts from service and installing
serviceable parts, and prohibits the installation of affected parts 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 February 25, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 25,
2022.
The FAA must receive comments on this AD by March 28, 2022.
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 EASA material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#b8f9fccbf8ddd9cbd996ddcdcad7c8d996ddcd"><span class="__cf_email__" data-cfemail="3475704774515547551a5141465b44551a5141">[email protected]</span></a>; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 is also
available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating
Docket FAA-2021-1184.
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-2021-1184; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this AD, the EASA AD,
any comments received, and other information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
950 L'Enfant Plaza N SW, Washington, DC 20024; telephone (202) 267-
9167; email <a href="/cdn-cgi/l/email-protection#0860696426626d667b6d66486e6969266f677e"><span class="__cf_email__" data-cfemail="3058515c1e5a555e43555e705651511e575f46">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 7699]]
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0126, dated May 10, 2021 (EASA
AD 2021-0126) to correct an unsafe condition for all serial-numbered
Leonardo S.p.a. (AgustaWestland S.p.A., formerly Agusta S.p.A., Agusta
un'azienda di Finmeccanica S.p.A., Costruzioni Aeronautiche Giovanni
Agusta) Model AB212, AB412, and AB412EP helicopters.
EASA AD 2021-0126 was prompted by a report that due to the
application of an incorrect torque level during the assembly process,
certain oil and fuel check valves are susceptible to cracking, which
may lead to fuel or oil leakage. The FAA is issuing this AD to detect
cracks and prevent a lack of engine lubrication, fuel or oil leakage,
and loss of fuel supply to the engine, possibly resulting in an engine
in-flight shut-down or fire and subsequent loss of control of the
helicopter. See EASA AD 2021-0126 for additional background
information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0126 specifies procedures for identification and
inspection of the oil check valve part number (P/N) 209-062-520-1 and
fuel check valve P/N 209-062-607-1, manufactured by Circor Aerospace
which exceed certain dimensions, except those which have had the
correct torque level applied. For certain helicopters, EASA AD 2021-
0126 specifies procedures for visually inspecting the oil and fuel
check valves for fuel leaks and cracks at intervals not to exceed 25
flight hours or 3 months, whichever occurs first, and depending on the
inspection results, replacing the affected parts with serviceable
parts. For certain helicopters EASA AD 2021-0126 also requires
replacing each affected part with a serviceable part, which is
considered a terminating action for the recurring inspections. The
``Reason'' section of EASA AD 2021-0126 requires removing certain parts
from service. Although the ``Required Action(s) and Compliance
Time(s)'' section of EASA AD 2021-0126 does not specifically state that
affected parts should be removed from service, for clarification, EASA
AD 2021-0126 requires the removal from service of the affected parts as
defined in EASA AD 2021-0126. EASA AD 2021-0126 also prohibits
installing an affected part on any helicopter.
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 reviewed Leonardo Helicopters Alert Service Bulletin No.
412-166, dated March 30, 2021, which specifies procedures to identify
and inspect the fuel check valve P/N 209-062-607-1. The FAA also
reviewed Leonardo Helicopters Alert Service Bulletin No. 412-167, dated
March 30, 2021, which specifies procedures to identify and inspect the
oil check valve P/N 209-062-520-1.
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 EASA AD 2021-0126 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 AD
2021-0126, described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD and except as discussed under ``Differences Between this AD and
EASA AD 2021-0126.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities to use this process. As a result, EASA AD 2021-0126 is
incorporated by reference in this AD. This AD, therefore, requires
compliance with EASA AD 2021-0126 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 AD 2021-0126 that is required for
compliance with EASA AD 2021-0126 is available on the internet at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2021-1184.
Differences Between This AD and EASA AD 2021-0126
EASA AD 2021-0126 applies to all serial-numbered Model AB212, AB412
and AB412EP helicopters, whereas this AD only applies to Model AB412
and AB412 EP helicopters. This AD does not apply to Model AB212
helicopters because that model is not FAA type-certificated. Service
information referenced in EASA AD 2021-0126 specifies sending
compliance forms to the manufacturer; this AD does not.
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.
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 relevant data, views, or
arguments about this AD. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-1184; Project Identifier MCAI-
2021-00573-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
[[Page 7700]]
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
<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 AD.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Hal
Jensen, Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; telephone (202) 267-9167; email <a href="/cdn-cgi/l/email-protection#2149404d0f4b444f52444f614740400f464e57"><span class="__cf_email__" data-cfemail="4d252c21632728233e28230d2b2c2c632a223b">[email protected]</span></a>. 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 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 these type certificates 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
The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify 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:
2022-02-08 Leonardo S.p.a.: Amendment 39-21905; Docket No. FAA-2021-
1184; Project Identifier MCAI-2021-00573-R.
(a) Effective Date
This airworthiness directive (AD) becomes effective February 25,
2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model AB412 and AB412 EP
helicopters, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code: 7320, Fuel
Controlling system.
(e) Unsafe Condition
This AD was prompted by a report that certain oil and fuel check
valves are susceptible to cracking. The FAA is issuing this AD to
detect cracks and prevent a lack of engine lubrication, fuel or oil
leakage, and loss of fuel supply to the engine, possibly resulting
in an engine in-flight shut-down or fire and subsequent 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 (EASA) AD
2021-0126, dated May 10, 2021 (EASA AD 2021-0126).
(h) Exceptions to EASA AD 2021-0126
(1) Where EASA AD 2021-0126 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2021-0126 does not apply
to this AD.
(3) Where EASA AD 2021-0126 refers to flight hours (FH), this AD
requires using hours time-in-service (TIS).
(4) Where paragraph (1) of EASA AD 2021-0126 specifies ``inspect
the helicopter in accordance with the instructions of Part I of the
applicable ASB to determine if the helicopter is Group 1 or Group
2,'' for this AD replace ``in accordance with the instructions of
Part I of the applicable ASB'' with ``in accordance with the
Accomplishment Instructions, Part I, paragraphs 2. through 3.2 of
the of the applicable ASB.''
(5) Where paragraph (2) of EASA AD 2021-0126 specifies ``inspect
each affected part in accordance with the instructions of Part II of
the applicable ASB,'' for this AD replace ``in accordance with the
instructions of Part II of the applicable ASB'' with ``in accordance
with the Accomplishment Instructions, Part II, paragraphs 3. and 3.1
of the applicable ASB.''
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2021-0078
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) 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 no passengers are onboard.
[[Page 7701]]
(k) 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 (l) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#e4ddc9a5b2b7c9a5adb6c9d3d7d4c9a5a9aba7a4828585ca838b92"><span class="__cf_email__" data-cfemail="01382c4057522c4048532c3632312c404c4e42416760602f666e77">[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.
(l) Related Information
For more information about this AD, contact Hal Jensen,
Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; telephone (202) 267-9167; email <a href="/cdn-cgi/l/email-protection#1870797436727d766b7d76587e7979367f776e"><span class="__cf_email__" data-cfemail="1c747d70327679726f79725c7a7d7d327b736a">[email protected]</span></a>.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2021-0126,
dated May 10, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0126, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#0e4f4a7d4e6b6f7d6f206b7b7c617e6f206b7b"><span class="__cf_email__" data-cfemail="7233360132171301135c1707001d02135c1707">[email protected]</span></a>; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</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. This material may be
found in the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2021-1184.
(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
<a href="/cdn-cgi/l/email-protection#395f4b1750574a495c5a4d5056577957584b58175e564f"><span class="__cf_email__" data-cfemail="b2d4c09cdbdcc1c2d7d1c6dbdddcf2dcd3c0d39cd5ddc4">[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 January 7, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-02760 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-13-P
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