DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1307; Project Identifier MCAI-2022-01331-R;
Amendment 39-22218; AD 2022-22-03]
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 AB139 and AW139 helicopters. This AD was
prompted by a report of smoke and fire in the cockpit. This AD requires
inspecting the forward cabin roof ceiling harnesses and installation,
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 becomes effective November 17, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 17,
2022.
The FAA must receive comments on this AD by December 19, 2022.
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 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.
AD Docket: You may examine the AD docket at regulations.gov by
searching for and locating Docket No. FAA-2022-1307; 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, any
comments received, and other information. The street address for Docket
Operations is listed above.
Material Incorporated by Reference
For EASA material incorporated by reference (IBR) in this
final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; internet
easa.europa.eu. You may find this IBR material on the EASA website at
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 regulations.gov by searching for and locating Docket No.
FAA-2022-1307.
Other Related Service Information: For Leonardo Helicopters 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
customerportal.leonardocompany.com/en-US/. This service information is
also available at the contact information under Material Incorporated
by Reference above.
FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Acting Program
Manager, COS Program Management Section, Operational Safety Branch,
Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone (817) 222-5110; email
kristin.bradley@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD 2022-0209-E, dated October
12, 2022 (EASA AD 2022-0209-E), to correct an unsafe condition for
certain serial-numbered Leonardo S.p.A. Helicopters, formerly
Finmeccanica S.p.A, AgustaWestland S.p.A., Agusta S.p.A.; and
AgustaWestland Philadelphia Corporation, formerly Agusta Aerospace
Corporation, Model AB139 and AW139 helicopters.
This AD was prompted by a report of smoke and fire in the cockpit
and subsequent reduced control of the helicopter. The FAA is issuing
this AD to address improper installation of the forward cabin roof
ceiling harnesses, which could result in damage of the electrical
wiring, fire in the forward cabin roof ceiling, and possible loss of
control of the helicopter. See EASA AD 2022-0209-E for additional
background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0209-E requires a one-time borescope inspection of the
cable installation, and a one-time visual inspection for damage of the
cables and the diode in the forward cabin roof ceiling. Depending on
the results, EASA AD 2022-0209-E requires an additional inspection,
contacting Leonardo for approved corrective action(s) instructions and
accomplishing those instructions accordingly, restoring the correct
installation of the cables, or restoring the required clearance.
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 Emergency Alert Service
Bulletin No. 139-731, dated October 11, 2022. This service information
specifies procedures for borescope inspecting the forward cabin roof
ceiling harnesses installation in the area between STA 3120 and 3400,
and depending on the results, inspecting the harnesses for chafing and
damage, inspecting the torque tube C3 for damage, adjusting the strip
installation, and contacting Leonardo for further instruction. This
service information also specifies procedures for inspecting the diode
A77 harness installation in the area between STA 3400 and 3900 for
chafing and damage, ensuring the minimum clearance between the harness
and diode A77 and if necessary, re-routing the cable harnesses to meet
the minimum clearance, visually inspecting diode A77 for damage, and
depending on the results, contacting Leonardo for further instruction.
FAA's Determination
These helicopters have been approved by the aviation authority of
Italy and are approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with Italy, EASA, its technical
representative, has notified the FAA of the unsafe condition described
in its emergency AD. 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 helicopters of these same
type designs.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2022-0209-E, described previously, as IBRed, except for any differences
identified as exceptions in the regulatory text of this AD and except
as discussed under ``Differences Between this 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,
EASA AD 2022-0209-E is IBRed in this FAA final rule. This AD,
therefore, requires compliance with EASA AD 2022-0209-E in its entirety
through that incorporation, except for any differences identified as
exceptions in the regulatory text of this AD. Using common terms that
are the same as the heading of a particular section in EASA AD 2022-
0209-E 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 2022-0209-E. Service information referenced in
EASA AD 2022-0209-E for compliance will be available at regulations.gov
by searching for and locating Docket No. FAA-2022-1307 after this final
rule is published.
Differences Between This AD and the EASA AD
EASA AD 2022-0209-E requires contacting Leonardo for approved
corrective action(s) instructions, where this AD requires repair done
in accordance with a specified method. EASA AD 2022-0209-E specifies
reporting certain inspection results within 30 days after completing
the inspection, where this AD requires reporting those inspection
results within 10 days after completing the inspection.
Interim Action
The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.
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.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because damage and chafing of the forward cabin roof ceiling harnesses
could lead to smoke and fire in the cockpit and possible reduced flight
control during any phase of flight without any previous indications.
This unsafe condition was discovered after an initial investigation
following a recent occurrence of smoke and fire ignition in the cockpit
and reduced control of a Model AW139 helicopter, and this condition may
currently exist in other helicopters. Therefore, the initial action
required by this AD must be accomplished within 10 hours time-
in-service. This compliance time is shorter than the time necessary for
the public to comment and for publication of the final rule.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
In addition, 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,
for the same reasons the FAA found good cause to forego notice and
comment.
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-2022-1307; Project Identifier MCAI-
2022-01331-R'' 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
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 Kristi
Bradley, Acting Program Manager, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110;
email kristin.bradley@faa.gov. Any commentary that the FAA receives
that 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 notice and comment,
RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 126 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.
Inspecting the harness installation, and if required, inspecting
for chafing and damage and correcting the installation, takes up to
about 2 work-hours for an estimated cost of up to $170 per helicopter
and $21,420 for the U.S. fleet. Inspecting the diode harness
installation for chafing and damage and ensuring required clearance,
and if required, re-routing the harness, takes up to about 10 work-
hours for an estimated cost of up to $850 per helicopter and $107,100
for the U.S. fleet. The FAA has no way of knowing the costs to
accomplish approved repairs. If required, reporting information takes
about 1 work-hour for an estimated cost of $85.
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.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to be
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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.
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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