DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0542; Project Identifier MCAI-2021-00117-R;
Amendment 39-21641; AD 2021-14-14]
Airworthiness Directives; Leonardo S.p.a. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Leonardo S.p.a. Model AW119 MKII helicopters. This AD was
prompted by reports of detected smoke and burning smell during flight,
caused by chafing of electrical wiring. This AD requires an inspection
of the instrument panel electrical wiring, corrective actions if
necessary, a modification of the wiring installation, and, for certain
helicopters, an additional modification of the wiring 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 July 26, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 26, 2021.
The FAA must receive comments on this AD by August 23, 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.
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 material incorporated by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +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 on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2021-0542.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0542; 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 AD, any comments
received, and other information. The street address for Docket
Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
950 L'Enfant Plaza N SW, Washington, DC 20024; telephone (202) 267-
9167; email firstname.lastname@example.org.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0040, dated January 27, 2021
(EASA AD 2021-0040) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for certain Leonardo S.p.a. Model AW119 MKII helicopters.
This AD was prompted by reports of detected smoke and burning smell
during flight, caused by chafing of electrical wiring. The FAA is
issuing this AD to address detected smoke, burning smell during flight,
and chafing of electrical wiring, which could lead to further
occurrences of smoke in the cabin, or loss of function of avionics
equipment, and possibly result in reduced control of the helicopter.
See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0040 specifies procedures for an inspection of the
instrument panel electrical wiring for defects (including wire chafing;
pinched, broken, or severely bent wires; deteriorated, cracked or
missing wire shielding or insulation; and loose, corroded, or broken
wire connectors), corrective actions (repair or replacement of the
wiring and a pin to pin continuity
check on the repaired wiring) if necessary, a modification of the
wiring installation, and, for certain helicopters, an additional
modification of the wiring installation. 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
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.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2021-0040, described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2021-0040
is incorporated by reference in the FAA final rule. This AD will,
therefore, require compliance with EASA AD 2021-0040 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 the EASA AD 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
the EASA AD. Service information specified in EASA AD 2021-0040 that is
required for compliance with EASA AD 2021-0040 is available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0542.
FAA's Justification 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 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
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 of detected smoke, burning smell during flight, and chafing of
electrical wiring, which could lead to further occurrences of smoke in
the cabin, or loss of function of avionics equipment, and possibly
result in reduced control of the helicopter. In addition, the
compliance time for the inspection of the instrument panel electrical
wiring is within 25 hours time-in-service or 3 months, whichever occurs
first after the effective date of this AD, which is shorter than the
time necessary for the public to comment and for publication of the
final rule. Therefore, notice and opportunity for prior public comment
are impracticable and contrary to 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.
The FAA invites you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
ADDRESSES. Include "Docket No. FAA-2021-0542; Project Identifier MCAI-
2021-00117-R" at the beginning of your comments. The most helpful
comments reference a specific portion of the AD, 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
AD 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 AD.
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 Hal
Jensen, Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; telephone (202) 267-9167; email email@example.com. 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 (RFA)
The requirements of the 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 10 helicopters of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
| LABOR COST
|| PARTS COST
|| COST PER PRODUCT
|| COST ON U.S. OPERATORS
|Up to 11 work-hours x $85 per hour = $935.
|| Up to $1,008
|| Up to $10,080.
The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this AD.
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 individuals. The FAA does not control warranty coverage for
affected individuals. 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.
The FAA determined that this AD would not have federalism
implications under Executive Order 13132. This AD would 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 this regulation:
(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
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