DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0282; Project Identifier MCAI-2021-01208-R;
Amendment 39-22087; AD 2022-13-01]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Leonardo S.p.a. Model AW169 helicopters. This AD was prompted
by a report of a blockage in a fuel tank vent line. This AD requires
inspecting the fuel tank vent lines, 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 July 21, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 21,
2022.

ADDRESSES: 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
www.easa.europa.eu. You may find the EASA material on the EASA website
at https://ad.easa.europa.eu. 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 https://customerportal.leonardocompany.com/en-US/.
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-2022-0282.

Examining the AD Docket

You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0282; 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: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone (516) 228-7330; email andrea.jimenez@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0238, dated November 2, 2021
(EASA AD 2021-0238), to correct an unsafe condition for Leonardo
S.p.a., formerly Finmeccanica S.p.A., AgustaWestland S.p.A., Model
AW169 helicopters, serial numbers (S/N) from 69006 up to 69125
inclusive, except S/N 69040; and S/N 69130, 69132, 69133, 69134, 69136,
and 69139.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to Leonardo S.p.a. Model
AW169 helicopters as identified in EASA AD 2021-0238. The NPRM
published in the Federal Register on March 21, 2022 (87 FR 15894). The
NPRM was prompted by a report of a blockage in a fuel tank vent line.
The NPRM proposed to require inspecting the fuel tank vent lines, as
specified in EASA AD 2021-0238.
The FAA is issuing this AD to detect and address the blockage. See
EASA AD 2021-0238 for additional background information.

Discussion of Final Airworthiness Directive

Comments

The FAA received comments from two commenters. Commenters included
AgustaWestland Philadelphia Corporation, who had no technical objection
to the proposed AD, and an anonymous commenter who provided no comments
on the proposed actions 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, considered the comments received, 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 2021-0238 requires a one-time inspection of the fuel tank
vent lines and, depending on findings, accomplishment of applicable
corrective action(s).
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 Alert Service Bulletin
No. 169-205, dated September 20, 2021. This service information
specifies procedures for a one-off borescope inspection of the right
and left fuel tank vent lines.

Differences Between This AD and the EASA AD

EASA AD 2021-0238 states to remove the sealant obstructions in
accordance with the instructions of the service information and to
contact Leonardo for approved corrective actions instructions and
accomplishing those instructions within the compliance time specified
therein; whereas, this AD requires repair done before further flight in
accordance with a method approved by the Manager, General Aviation and
Rotorcraft Section, International Validation Branch, FAA; or EASA; or
Leonardo S.p.a. Helicopters' EASA Design Organization Approval (DOA).
If approved by the DOA, the approval must include the DOA-authorized
signature.
EASA AD 2021-0238 states to inspect the fuel tank vent lines in
accordance with the instructions of the service information, which
specifies inspecting for evidence of a partial or total Proseal
obstruction. This AD requires inspecting for a partial or total Proseal
obstruction.

Costs of Compliance

The FAA estimates that this AD affects 6 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.
Borescope inspecting the fuel tank vent lines takes approximately 6
work-hours for an estimated cost of $510 per helicopter and up to
$3,060 for the U.S. fleet. The FAA has no way of knowing the cost to
repair a fuel tank vent line.

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: