DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0697; Project Identifier MCAI-2020-01540-R;
Amendment 39-21802; AD 2021-23-04]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Leonardo S.p.a. Model A109E helicopters. This AD was prompted
by reports of cracking in the center fuselage frame assembly in the
intersection of the lateral pylon and floor spar at station (STA) 1815
on the left- and right-hand sides. This AD requires repetitive
inspections of the intersection of the lateral pylon and floor spar at
STA 1815 for cracking and, depending on the findings, repair, 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 is effective January 10, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 10,
2022.

ADDRESSES: 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 ADs@easa.europa.eu; internet
www.easa.europa.eu. You may find the EASA material on the EASA website
at https://ad.easa.europa.eu. 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. It is also available
in the AD docket at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0697.

Examining the AD Docket

You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0697; 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
EASA AD, any comments received, and other information. The address for
Docket Operations is U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

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 andrea.jimenez@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0256, dated November 17, 2020
(EASA AD 2020-0256), to correct an unsafe condition for Leonardo
S.p.A., formerly Finmeccanica S.p.A., AgustaWestland S.p.A., and Agusta
S.p.A., Model A109E helicopters, serial numbers 11001 through 11674
inclusive.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Leonardo S.p.a.
Model A109E helicopters. The NPRM published in the Federal Register on
August 26, 2021 (86 FR 47608). The NPRM was prompted by reports of
cracking in the center fuselage frame assembly in the intersection of
the lateral pylon and floor spar at STA 1815 on the left- and right-
hand sides. The NPRM proposed to require repetitive inspections of the
intersection of the lateral pylon and floor spar at STA 1815 for
cracking and, depending on the findings, repair, as specified in EASA
AD 2020-0256.
The FAA is issuing this AD to address cracking in the intersection
of the lateral pylon and floor spar at STA 1815 on the left- and right-
hand sides, which, if not addressed, could affect the structural
integrity of the helicopter. See EASA AD 2020-0256 for additional
background information.

Discussion of Final Airworthiness Directive

Comments

The FAA received a comment from one commenter. The commenter was an
individual. The following presents the comment received on the NPRM and
the FAA's response to that comment.

Request for Terminating Action

An individual requested that the NPRM include a terminating action
for the repetitive inspections once an operator has completed the
repairs using the procedures in Parts II and III of the Accomplishment
Instructions of Leonardo Helicopters Alert Service Bulletin 109EP-173,
dated November 10, 2020. The commenter did not provide justification
for this request, but the FAA infers that it is because the NPRM does
not provide a terminating action for the repetitive inspections.
The FAA does not agree with the commenter's request. Neither EASA
AD 2020-0256, nor Leonardo Helicopters Alert Service Bulletin 109EP-
173, dated November 10, 2020, provide terminating action for the
repetitive inspections specified in Paragraph (1), ``Repetitive
Inspection,'' of EASA AD 2020-0256. Paragraph (4), ``Terminating
Action,'' of EASA AD 2020-0256 states ``None.'' Paragraph (3),
``Corrective Action(s),'' of EASA AD 2020-0256 specifies that, after
accomplishing a repair in an affected area using Parts II (for the
left-hand side) and III (for the right-hand side) of the Accomplishment
Instructions of Leonardo Helicopters Alert Service Bulletin 109EP-173,
dated November 10, 2020, the next inspection can be deferred, but the
repetitive inspections of the affected area must continue. Leonardo
Helicopters has not provided a modification to the affected area that
eliminates the unsafe condition identified in this AD; therefore, the
FAA cannot include a terminating action in this AD. The FAA has not
changed this AD in regard to this issue.

Conclusion

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 reviewed the relevant
data, considered the comment received, and determined that air safety
requires adopting this AD as proposed. Accordingly, the FAA is issuing
this AD to address the unsafe condition on these helicopters. Except
for minor editorial changes, this AD is adopted as proposed in the
NPRM. None of the changes will increase the economic burden on any
operator.

Related Service Information Under 1 CFR Part 51

EASA AD 2020-0256 requires repetitive inspections of STA 1815 for
cracking, fluorescent liquid penetrant
inspections of any cracking to determine the extent of the cracking,
and repair if necessary. For both the left- and right-hand side repair,
the actions include removing equipment and furnishings to gain access
to the work area; testing the flight control system for correct travel
of the flight controls; performing an operational test of the cockpit
and passenger doors caution system; installing a new forward cap;
installing a new angle, butt strap, and web; installing new cotter
pins; and reinstalling the removed equipment and furnishings when the
repair is complete.
For the left-hand side repair, the actions also include replacing
the nut plates with new nut plates, and an operational test of the
collective control system and tail rotor control system. For the right-
hand side repair, the actions include an operational test of the cyclic
control system.
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.

Differences Between This AD and the EASA AD

EASA AD 2020-0256 specifies to accomplish corrective actions if
``any crack is detected in an affected area'' during a required
inspection. Figure 1 of the service information referenced in EASA AD
2020-0256 depicts the affected area, but the FWD bulkhead is mislabeled
as AFT. This AD includes an exception to clarify the correct location
of the FWD bulkhead depicted in Figure 1.

Costs of Compliance

The FAA estimates that this AD affects 70 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 AD.

Estimated Costs

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

On-Condition Costs

The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.

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 above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will 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 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: