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2021-20-18 LEONARDO S.P.A.: Amendment 39-21756; Docket No. FAA-2021-0837; Project Identifier MCAI-2021-00762-R.
(a) EFFECTIVE DATE

    This airworthiness directive (AD) is effective November 3, 2021.

(b) AFFECTED ADS

    None.

(c) APPLICABILITY

    This AD applies to Leonardo S.p.a.  Model AW119 MKII helicopters, cer-
    tificated  in  any  category,  with serial number 14831, 14834, 14838,
    14840, 14841, 14842, 14843, 14844,  14901,  14904,  14905,  14906,  or
    14918.

(d) SUBJECT

    Joint Aircraft Service Component (JASC) Code: 5620, Passenger compart-
    ment doors.

(e) UNSAFE CONDITION

    This AD was prompted  by the discovery of improperly installed passen-
    ger cabin windows (windows). The FAA is issuing this AD to ensure that
    each  window  is properly  installed  and opens  properly.  The unsafe
    condition, if not addressed, could result in occupants not being  able
    to exit the helicopter during an emergency situation.

(f) COMPLIANCE

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

(g) REQUIRED ACTIONS

    Within 100 hours time in service  after the effective date of this AD,
    replace the left-hand and right-hand windows  by following  the Accom-
    plishment Instructions, paragraphs 2. and 3.,  of Leonardo Helicopters
    Alert Service Bulletin No. 119-094,  dated November 15, 2018  (ASB119-
    094),  except  where  ASB 119-094 specifies to discard the seal filler
    and gasket, remove those parts from service.

(h) 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 (i)(1)  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.

(i) RELATED INFORMATION

(1) For more information about this AD,  contact  Kristi Bradley,  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.

(2) The subject of this AD is addressed in European Aviation Safety Agency
    (now European Union Aviation Safety Agency) (EASA) AD 2018-0270, dated
    December 12, 2018. You may view the EASA AD at https://www.regulations
    .gov in Docket No. FAA-2021-0837.

(j) 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 the AD specifies otherwise.

(i) Leonardo Helicopters Alert Service Bulletin No. 119-094 dated November
    15, 2018.

(ii) [Reserved]

(3) For service information identified in this AD, 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 https://customerportal.leonardocompany.com/
    en-US/.

(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.

(5) You may view this service information  that is incorporated  by refer-
    ence 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 September 23, 2021.  Gaetano A. Sciortino,  Deputy Director  for
Strategic Initiatives,  Compliance & Airworthiness Division, Aircraft Cer-
tification Service.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Program Manager, COS Pro-
gram Management Section, Operational Safety Branch, Compliance & Airworth-
iness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone
(817) 222-5110; email kristin.bradley@faa.gov.
PREAMBLE 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0837; Project Identifier MCAI-2021-00762-R;
Amendment 39-21756; AD 2021-20-18]
RIN 2120-AA64

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 serial-numbered Leonardo S.p.a. Model AW119 MKII helicopters.
This AD was prompted by the discovery that the passenger cabin windows
(windows) on a batch of helicopters were improperly installed during
production. This AD requires removing and reinstalling the windows. The
FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD becomes effective November 3, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of November 3,
2021.
The FAA must receive comments on this AD by December 3, 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.
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 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 https://customerportal.leonardocompany.com/en-US/. 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. It is also available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0837.

Examining the AD Docket

You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0837; 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
European Aviation Safety Agency (now European Union Aviation Safety
Agency) (EASA) AD, any comments received, and other information. The
street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, 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 AD 2018-0270, dated December 12, 2018
(EASA AD 2018-0270), to correct an unsafe condition for 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 AW119MKII helicopters, serial
numbers 14831, 14834, 14838, 14840, 14841, 14842, 14843, 14844, 14901,
14904, 14905, 14906, and 14918. EASA advises that during maintenance of
a helicopter, removal of passenger windows could only be accomplished
with difficulty. EASA further advises that subsequent investigation
identified a batch of helicopters on which passenger windows have been
improperly installed during production. According to Leonardo
Helicopters service information, an investigation concluded that the
gasket was bonded to the window (or on both sides) instead of to the
door frame.
This condition, if not corrected, could prevent the jettisoning of
the windows, possibly preventing the evacuation of passengers during an
emergency situation. Accordingly, EASA AD 2018-0270 requires removal
and reinstallation of the passenger windows with the approved design
data.

FAA's Determination

The applicable model helicopter has been approved by EASA and is
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 is issuing this
AD after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other helicopters of the same type design.

Related Service Information Under 1 CFR Part 51

The FAA reviewed Leonardo Helicopters Alert Service Bulletin No.
119-094, dated November 15, 2018. This service information specifies
procedures for removing the standard windows installed on the affected
helicopters and reinstalling them in accordance with approved design
data.
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.

AD Requirements

This AD requires, within 100 hours time-in-service after the
effective date of this AD, removing and reinstalling the left-hand and
right-hand windows by following certain procedures in the service
information.

Differences Between This AD and the EASA AD

EASA AD 2018-0270 requires discarding certain seal fillers and
gaskets, whereas this AD requires removing those parts from service
instead.

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.
There are no helicopters with this type certificate on the U.S.
Registry. Accordingly, notice and opportunity for prior public comment
are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for
the foregoing reasons, 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.

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-2021-0837; Project Identifier MCAI-
2021-00762-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
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 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, 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 which 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 prior 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.

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: