DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0724; Project Identifier MCAI-2021-00321-R;
Amendment 39-21723; AD 2021-19-05]
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)
Leonardo S.p.a. Model AB412 and AB412 EP helicopters. This AD was
prompted by a report of a cracked hoist support assembly having a
certain part number. This AD requires a one-time inspection of the
hoist support assembly and, depending on the findings, replacement with
a serviceable part, as specified in a European Union Aviation Safety
Agency (EASA) Emergency 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 October 12, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 12,
The FAA must receive comments on this AD by November 12, 2021.
ADDRESSES: You may send comments, using the procedures found in
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow
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.
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 this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view the EASA 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 the EASA material at the FAA, call (817) 222-5110. The
EASA material is also available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0724.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0724; 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, the EASA AD, any comments received, and other information. The
street address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer,
COS Program Management Section, FAA, Operational Safety Branch,
Compliance & Airworthiness Division, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone (516) 228-7323; email
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD 2021-0072-E, dated March
12, 2021 (EASA Emergency AD 2021-0072-E) (also referred to as the
Mandatory Continuing Airworthiness Information, or the MCAI), to
correct an unsafe condition for Leonardo S.p.a. (formerly
AgustaWestland S.p.A., Agusta S.p.A., and Costruzioni Aeronautiche
Giovanni Agusta) Model AB412 and AB412 EP helicopters, all serial
This AD was prompted by a report of a cracked hoist support
assembly having part number (P/N) 212-8800-02-1 on a Leonardo S.p.a.
Model AB412 military helicopter. The investigation is still on-going.
This same part is installed on Leonardo S.p.a. Model AB412 civil
helicopters. The FAA is issuing this AD to address cracking in a hoist
support assembly which, if not addressed, could affect the structural
integrity of the hoist support assembly, leading to in-flight
detachment of the hoist assembly, and possibly resulting in damage to,
and reduced control of, the helicopter. See the MCAI for additional
Related Service Information Under 1 CFR Part 51
EASA Emergency AD 2021-0072-E specifies procedures for a one-time
inspection of any hoist support assembly having P/N 212-8800-02-1 for
cracking and, depending on the findings, replacement with a serviceable
part. EASA Emergency AD 2021-0072-E also specifies reporting the
inspection results to Leonardo S.p.a.
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.
These products have been approved by the aviation authority of
another country, and are 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
these same type designs.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA
Emergency AD 2021-0072-E, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
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 to use this process. As a result, EASA Emergency AD 2021-
0072-E is incorporated by reference in this FAA final rule. This AD,
therefore, requires compliance with EASA Emergency AD 2021-0072-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 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
Emergency AD 2021-0072-E that is required for compliance with EASA
Emergency AD 2021-0072-E is available on the internet at https://www.
regulations.gov by searching for and locating Docket No. FAA-2021-0724.
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
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.
There are currently no domestic operators of these products.
Therefore, the FAA finds that notice and opportunity for prior public
comment are unnecessary pursuant to 5 U.S.C. 553(b)(3)(B). In addition,
for the foregoing reason, the FAA finds that good cause exists pursuant
to 5 U.S.C. 553(d) for making this amendment effective in less than 30
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-2021-0724; Project Identifier MCAI-
2021-00321-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 Darren Gassetto, Aerospace Engineer, COS Program
Management Section, FAA, Operational Safety Branch, Compliance &
Airworthiness Division, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone (516) 228-7323; email Darren.Gassetto@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 (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
There are no costs of compliance with this AD because there are no
helicopters with this type certificate on the U.S. Registry.
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 current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to
Information Collection Clearance Officer, Federal Aviation
Administration, 10101 Hillwood Pkwy., 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.
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