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2021-23-10 LEONARDO S.P.A.: Amendment 39-21808; Docket No. FAA-2021-0720; Project Identifier 2019-SW-079-AD.
(a) EFFECTIVE DATE

    This airworthiness directive (AD) is effective January 10, 2022.

(b) AFFECTED ADS

    None.

(c) APPLICABILITY

    This AD applies to Leonardo S.p.a. Model AW109SP helicopters, certifi-
    cated in any category, with an affected part as identified in European
    Union Aviation  Safety Agency  (EASA) AD  2019-0213, dated  August 29,
    2019 (EASA AD 2019-0213).

(d) SUBJECT

    Joint Aircraft Service Component (JASC)  Codes:  2913,  Hydraulic Pump
    (Elect/Eng), Main.

(e) UNSAFE CONDITION

    This AD  was prompted  by reports  of the  ineligible installation  of
    hydraulic  pump part  number (P/N)  109-0760-42-103  on  Model AW109SP
    helicopters  resulting in  the applicable  instructions for  continued
    airworthiness  not being  available.  The  FAA is  issuing this  AD to
    address this unsafe condition. The unsafe condition, if not addressed,
    could result in failure of  the hydraulic pump and subsequent  loss of
    control of the helicopter.

(f) COMPLIANCE

    Comply with this AD within the compliance times specified,  unless al-
    ready done.

(g) REQUIREMENTS

    Except as specified in paragraph (h)  of this AD:  Comply with all re-
    quired actions and compliance times specified in,  and  in  accordance
    with, EASA AD 2019-0213.

(h) EXCEPTIONS TO EASA AD 2019-0213

(1) Where EASA AD 2019-0213  requires compliance in terms of flight hours,
    this AD requires using hours time-in-service (TIS).

(2) Where EASA AD 2019-0213  requires compliance  from its effective date,
    this AD requires using the effective date of this AD.

(3) Where paragraph (2) of EASA AD 2019-0213  specifies to replace  a part
    if any discrepancy is detected during the inspection, this AD requires
    removing that part from service.

(4) Where paragraph (3) of EASA AD 2019-0213  specifies to replace  a part
    before  exceeding 1,600  flight hours  since first  installation on  a
    helicopter, this AD  requires removing that  part from service  before
    1,600 hours TIS since first installation on a helicopter.

(5) Where the service information  required by EASA AD 2019-0213 specifies
    discarding the o-ring and gasket,  this  AD  requires  removing  those
    parts from service.

(6) Where the service information  required by EASA AD 2019-0213 specifies
    recording compliance with the service bulletin  in the helicopter log-
    book, this AD does not include that requirement.

(7) This AD does not require the "Remarks" section of EASA AD 2019-0213.

(i) NO REPORTING REQUIREMENT

    Although the service information referenced in EASA AD 2019-0213 spec-
    ifies to submit certain information to the manufacturer,  this AD does
    not include that requirement.

(j) SPECIAL FLIGHT PERMIT

    Special flight permits,  as described in 14 CFR 21.197 and 21.199, are
    prohibited.

(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: 9-AVS-AIR-730-AMOC@faa.gov.

(2) Before using any approved AMOC,  notify your appropriate principal in-
    spector, 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 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.

(m) MATERIAL INCORPORATED BY REFERENCE

(1) The Director of the Federal Register  approved  the  incorporation  by
    reference 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 2019-0213 dated August
    29, 2019.

(ii) [Reserved].

(3) For EASA AD 2019-0213, 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.

(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  at https://www.regulations.gov by searching  for and
    locating Docket No. FAA-2021-0720.

(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 fr.inspection@nara
    .gov,  or  go  to:  https://www.archives.gov/federal-register/cfr/ibr-
    locations.html.

Issued on October 28, 2021. Lance T Gant, Director, Compliance & Airworth-
iness Division, Aircraft Certification Service.

FOR FURTHER INFORMATION CONTACT:  Darren Gassetto, Aerospace Engineer, COS
Program Management Section,  Operational Safety Branch,  Compliance & Air-
worthiness Division, FAA, 1600 Stewart Ave, Suite 410, Westbury, NY 11590;
telephone (516) 228-7323; email Darren.Gassetto@faa.gov.
PREAMBLE 

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.

-----------------------------------------------------------------------

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: