Proposed Rule2022-05590
Airworthiness Directives; Leonardo S.p.a. Helicopters
Primary source
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Published
March 21, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Leonardo S.p.a. Model AW169 helicopters. This proposed AD was prompted by a report of a blockage in a fuel tank vent line. This proposed AD would require inspecting the fuel tank vent lines, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 54 (Monday, March 21, 2022)</title>
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[Federal Register Volume 87, Number 54 (Monday, March 21, 2022)]
[Proposed Rules]
[Pages 15894-15896]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05590]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 /
Proposed Rules
[[Page 15894]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0282; Project Identifier MCAI-2021-01208-R]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Leonardo S.p.a. Model AW169 helicopters. This proposed AD
was prompted by a report of a blockage in a fuel tank vent line. This
proposed AD would require inspecting the fuel tank vent lines, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is proposed for incorporation by reference (IBR). The FAA is proposing
this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by May 5,
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 that is proposed for 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#2d6c695e6d484c5e4c0348585f425d4c034858"><span class="__cf_email__" data-cfemail="9adbdee9dafffbe9fbb4ffefe8f5eafbb4ffef">[email protected]</span></a>; internet www.easa.europa.eu. You
may find the EASA material on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. For Leonardo Helicopters service information
identified in this NPRM, 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
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. The EASA material is also available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2022-
0282.
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-2022-0282; 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 NPRM, the EASA AD,
any comments received, and other information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone (516) 228-7330; email <a href="/cdn-cgi/l/email-protection#77161913051216591d1e1a1219120d3711161659101801"><span class="__cf_email__" data-cfemail="0a6b646e786f6b246063676f646f704a6c6b6b246d657c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0282; Project Identifier
MCAI-2021-01208-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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 proposal 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 NPRM.
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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to
Andrea Jimenez, Aerospace Engineer, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email <a href="/cdn-cgi/l/email-protection#3a5b545e485f5b145053575f545f407a5c5b5b145d554c"><span class="__cf_email__" data-cfemail="ea8b848e988f8bc48083878f848f90aa8c8b8bc48d859c">[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.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0238, dated November 2, 2021
(EASA AD 2021-0238), to correct an unsafe condition for Leonardo
S.p.a., formerly Finmeccanica S.p.A., AgustaWestland S.p.A., Model
AW169 helicopters, serial numbers (S/N) from 69006 up to 69125
inclusive, except S/N 69040; and S/N 69130, 69132, 69133, 69134, 69136,
and 69139.
This proposed AD was prompted by a report of a blockage in a fuel
tank vent line. The FAA is proposing this AD to detect and address the
blockage, which
[[Page 15895]]
if not addressed, could result in dual engine flameout due to fuel
starvation and a subsequent forced landing. See EASA AD 2021-0238 for
additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0238 requires a one-time inspection of the fuel tank
vent lines and, depending on findings, accomplishment of applicable
corrective action(s).
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 Alert Service Bulletin
No. 169-205, dated September 20, 2021. This service information
specifies procedures for a one-off boroscopic inspection of the right
and left fuel tank vent lines.
FAA's Determination
These helicopters have been approved by EASA and are 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 proposing 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.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0238, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed 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, the
FAA proposes to incorporate EASA AD 2021-0238 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0238 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2021-0238 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 2021-
0238. Service information referenced in EASA AD 2021-0238 for
compliance will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0282 after the FAA final
rule is published.
Differences Between This Proposed AD and the EASA AD
EASA AD 2021-0238 states to remove the sealant obstructions in
accordance with the instructions of the service information and to
contact Leonardo for approved corrective actions instructions and
accomplishing those instructions within the compliance time specified
therein; whereas, this proposed AD would require repair done before
further flight in accordance with a method approved by the Manager,
General Aviation and 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.
EASA AD 2021-0238 states to inspect the fuel tank vent lines in
accordance with the instructions of the service information, which
specifies inspecting for evidence of a partial or total Proseal
obstruction. This proposed AD would require inspecting for a partial or
total Proseal obstruction.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 6 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 proposed AD.
Boroscopic inspecting the fuel tank vent lines would take
approximately 6 work-hours for an estimated cost of $510 per helicopter
and up to $3,060 for the U.S. fleet. The FAA has no way of knowing the
cost to repair a fuel tank vent line.
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed 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 proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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.
[[Page 15896]]
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Leonardo S.p.a.: Docket No. FAA-2022-0282; Project Identifier MCAI-
2021-01208-R.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 5, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model AW169 helicopters,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2021-0238, dated November 2, 2021
(EASA AD 2021-0238).
(d) Subject
Joint Aircraft Service Component (JASC) Code: 2800, Aircraft
Fuel System.
(e) Unsafe Condition
This AD was prompted by a report of blockage in a fuel tank vent
line. The FAA is issuing this AD to detect and address the blockage.
The unsafe condition, if not addressed, could result in dual engine
flameout due to fuel starvation and a subsequent forced landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0238.
(h) Exceptions to EASA AD 2021-0238
(1) Where EASA AD 2021-0238 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
(2) Where EASA AD 2021-0238 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where the service information referenced in paragraph (1) of
EASA AD 2021-0238 specifies recording the inspection outcome in the
report in ANNEX A (of the service information), this AD does not
require that action.
(4) Where the service information referenced in paragraph (1) of
EASA AD 2021-0238 specifies inspecting ``the left/right vent line
for evidence of a partial or total Proseal obstruction,'' this AD
requires inspecting for a partial or total Proseal obstruction.
(5) Where the service information referenced in EASA AD 2021-
0238 specifies immediately contacting Leonardo Company Product
Support Engineering and waiting for further instructions before
proceeding if there is any Proseal obstruction in any fuel tank vent
line, this AD does not require that action.
(6) Where the service information referenced in paragraph (2) of
EASA AD 2021-0238 specifies to ``carefully remove the Proseal
obstruction by means of a suitable method,'' this AD requires,
before further flight, accomplishing repairs 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.
(7) Where paragraph (2) of EASA AD 2021-0238 specifies
contacting Leonardo for approved corrective actions and
accomplishing those instructions within the compliance time
specified therein, this AD requires, before further flight,
accomplishing repairs 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 DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
(8) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0238.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2021-0238
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(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)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#3a03177b6c69177b7368170d090a177b7775797a5c5b5b145d554c"><span class="__cf_email__" data-cfemail="7f46523e292c523e362d52484c4f523e32303c3f191e1e51181009">[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.
(k) Related Information
(1) For EASA AD 2021-0238, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#edaca99ead888c9e8cc388989f829d8cc38898"><span class="__cf_email__" data-cfemail="0f4e4b7c4f6a6e7c6e216a7a7d607f6e216a7a">[email protected]</span></a>; internet www.easa.europa.eu. You may find the
EASA 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 may be found in the AD
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating
Docket No. FAA-2022-0282.
(2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email <a href="/cdn-cgi/l/email-protection#8dece3e9ffe8eca3e7e4e0e8e3e8f7cdebececa3eae2fb"><span class="__cf_email__" data-cfemail="f0919e94829591de9a999d959e958ab0969191de979f86">[email protected]</span></a>.
Issued on March 10, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-05590 Filed 3-18-22; 8:45 am]
BILLING CODE 4910-13-P
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