DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0378; Project Identifier 2017-SW-122-AD; Amendment
39-21576; AD 2021-11-14]
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 Leonardo S.p.a. Model AW169 helicopters. This AD was prompted
by reports of failed nose landing gear (NLG) retraction actuators
during the acceptance test procedures on the ground on the final
assembly line. This AD requires depending on the helicopter
configuration, various modifications, installation checks, inspections
of the NLG and main landing gear (MLG) retraction actuators and of the
plungers of the NLG and MLG up down lock actuators, and corrective
actions if necessary. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD becomes effective June 22, 2021.

The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of June 22, 2021.

The FAA must receive comments on this AD by July 22, 2021.

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 https://www.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.

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 https://www.leonardocompany.com/en/home.

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 https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0378.

Examining the AD Docket

You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0378; 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: Anthony Kenward, Aerospace Engineer,
AIR-7F1, Fort Worth ACO Branch, FAA, 10101 Hillwood Parkway, Fort
Worth, TX 78101; telephone (817) 222-5152; email
Anthony.Kenward@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2017-0164, dated September 4, 2017
(EASA AD 2017-0164), to correct an unsafe condition for certain
Leonardo S.p.a. Model AW169 helicopters. The EASA advises that there
were reports of failed NLG retraction actuators during the acceptance
test procedures on the ground on the final assembly line. The EASA
stated the NLG got stuck at approximately a 45[deg] angle (half of the
full stroke) regardless of the selected extension mode (normal or
emergency). Investigation revealed that excessive friction inside the
NLG retraction actuator caused internal damage, resulting in mechanical
jam of the actuator rotary shaft. The EASA advised that due to
similarity of design, the same failure mode can affect the MLG
retraction actuators. This condition, if not addressed, could result in
a partially locked or unlocked NLG or MLG upon landing, possibly
resulting in damage to the helicopter and injury to the occupants.

Accordingly, the EASA AD requires, depending on the helicopter
configuration, various modifications, installation checks, inspections
of the plungers of the NLG and MLG up down lock actuators, and
corrective actions if necessary.

FAA's Determination

This product has been approved by the aviation authority of another
country and is 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 the same type design.

Related Service Information Under 1 CFR Part 51

The FAA reviewed Leonardo Helicopters Alert Service Bulletin 169-
023, Revision B, dated April 16, 2018 (ASB 169-023, Revision B). This
service information specifies procedures for, depending on the
helicopter configuration, various modifications, installation checks
(which include measurements), inspections of the plungers of the NLG
and MLG up down lock actuators, and corrective actions if necessary.
The modifications include replacing the actuators, installing enhanced
landing gear retracting actuators, modifying the landing gear actuator
control box, improving the landing gear proximity switch, and doing
checks and measurements. Corrective actions include replacing the NLG
and MLG lock support buffer, reinstalling the NLG and MLG retracting
electrical actuator, shimming gaps, adjusting the position of the NLG
retracting lever, applying lubricant, installing a pin, replacing
washers, and reinstalling the NLG assembly.

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 accomplishing the actions specified in the service
information already described, except as discussed under "Differences
Between this AD and the MCAI."

Differences Between This AD and the MCAI

EASA AD 2017-0164 requires modifications and installation checks
within 200 hours time-in-service (TIS) or 6 months, whichever occurs
first; this AD requires those actions within 200 hours TIS.

EASA AD 2017-0164 requires, for certain helicopters, an inspection
of the plungers of the NLG and MLG up down lock actuators within 50
hours TIS or 30 days, whichever occurs first; this AD requires that
action within 30 days.

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 is one helicopter with this type certificate on the U.S.
Register. The FAA has confirmed that the identified unsafe condition
has been addressed on that helicopter. 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 reason(s), 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-2021-0378; Project Identifier 2017-
SW-122-AD" 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 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 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 Anthony
Kenward, Aerospace Engineer, AIR-7F1, Fort Worth ACO Branch, FAA, 10101
Hillwood Parkway, Fort Worth, TX 78101; telephone (817) 222-5152; email
Anthony.Kenward@faa.gov. 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

Currently, there are no affected U.S.-registered helicopters. As
stated previously, there is one helicopter on the U.S. Register;
however, the required actions have already been accomplished on that
helicopter. If an affected helicopter is imported and placed on the
U.S. Register in the future, the FAA provides the following cost
estimates to comply with this AD:

Estimated Costs for Required Actions

* The FAA has received no definitive data that would enable the agency
to provide cost estimates for the parts cost of the required actions
specified in this AD.

The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
helicopters that might need these on-condition actions:

Estimated Costs of On-Condition Actions

According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators. The FAA does not control warranty coverage for
affected operators. As a result, the FAA has included all known costs
in the cost estimate.

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.

Adoption of 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

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]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive: