DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0720; Project Identifier 2019-SW-079-AD; Amendment
39-21808; AD 2021-23-10]
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 AW109SP helicopters. This AD was prompted
by reports of an ineligible hydraulic pump being installed on Model
AW109SP helicopters. This AD requires inspecting each hydraulic pump
for damage and, depending on the inspections results,
removing parts from service and accomplishing other corrective actions.
This AD also requires removing certain parts from service before they
exceed their life limits. The corrective actions are required to be
accomplished 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 February 4, 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 material incorporated by reference (IBR) in this
AD,
contact the 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 this 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-2021-0720.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0720; 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: Darren Gassetto, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance
&
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone (516) 228-7323; email Darren.Gassetto@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0213, dated August 29, 2019
(EASA AD 2019-0213), to correct an unsafe condition for Leonardo S.p.a.
(formerly Finmeccanica S.p.A. Helicopter Division, AgustaWestland
S.p.A, Agusta S.p.A.) Model AW109SP helicopters.
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 AW109SP helicopters. The NPRM published in the Federal Register
on September 8, 2021 (86 FR 50289). The NPRM was prompted by reports of
a hydraulic pump part number (P/N) 109-0760-42-103 being ineligibly
installed on Model AW109SP helicopters. EASA advises that because
hydraulic pump P/N 109-0760-42-103 is not eligible for installation on
Model AW109SP helicopters, applicable instructions for continued
airworthiness are not available. The NPRM proposed to require
accomplishing the actions specified in EASA AD 2019-0213, described
previously, as incorporated by reference, except for any differences
identified as exceptions in the regulatory text of the proposed AD and
except as discussed under ``Differences Between this Proposed AD and
EASA AD 2019-0213.''
The FAA is issuing this AD to address the ineligible installation
of the affected part-numbered hydraulic pump on Model AW109SP
helicopters since there are no applicable instructions for continuing
airworthiness available. See EASA AD 2019-0213 for additional
background information.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the costs.
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 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.
Related Service Information Under 1 CFR Part 51
EASA AD 2019-0213 requires inspecting each affected hydraulic pump
and depending on the inspection results, replacing an affected
hydraulic pump with a serviceable hydraulic pump, before further
flight. EASA AD 2019-0213 also requires replacing any affected
hydraulic pump before exceeding 1,600 total flight hours (FH) since
first installation on a helicopter, or within 200 FH, whichever occurs
later. Finally, EASA AD 2019-0213 prohibits installing any affected
hydraulic pump on any helicopter.
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.
Other Related Service Information
The FAA also reviewed Leonardo S.p.a. Helicopters, Alert Service
Bulletin No. 109SP-134, dated July 29, 2019. This service information
specifies procedures for inspecting and replacing hydraulic pump P/N
109-0760-42-103.
Differences Between This AD and EASA AD 2019-0213
EASA AD 2019-0213 applies to Model AW109SP helicopters, all serial
numbers, whereas this AD only applies to Model AW109SP helicopters with
certain part-numbered hydraulic pumps installed.
Costs of Compliance
The FAA estimates that this AD affects 17 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.
Visually inspecting each hydraulic pump for wear, burrs, and
abrasion takes about 4 work-hours and parts cost about $5 for an
estimated cost of $345 per inspection and $5,865 for the U.S. fleet.
Removing from service each affected hydraulic pump and replacing
with an airworthy hydraulic pump takes about 6 work-hours and parts
cost about $22,819 for an estimated cost of $23,329 per pump
replacement.
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:
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