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[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Rules and Regulations]
[Pages 2530-2532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00757]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0570; Project Identifier 2019-SW-091-AD; Amendment 
39-21888; AD 2021-26-29]
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 all 
Leonardo S.p.a. Model AW169 helicopters. This AD was prompted by a 
report of a broken adjustable device that is part of the pilot and co-
pilot yaw pedal assemblies. This AD requires modification of certain 
pilot and co-pilot yaw pedal assemblies with an improved design and re-
identification of affected parts, 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 February 22, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 22, 
2022.

ADDRESSES: 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 [email protected]; internet 
www.easa.europa.eu. You may find this IBR 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 the EASA 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-2021-0570.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0570; 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 
mandatory continuing airworthiness information (MCAI), 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: Kristi Bradley, Program Manager, COS 
Program Management Section, Operational Safety Branch, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5485; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0199, dated August 27, 2021 
(EASA AD 2021-0199), (also referred to as the MCAI), to correct an 
unsafe condition for Leonardo S.p.a. (formerly Finmeccanica S.p.A and 
AgustaWestland S.p.A) Model AW169 helicopters, all serial numbers. EASA 
AD 2021-0199 supersedes EASA AD 2019-0252, dated October 10, 2019 (EASA 
AD 2019-0252), which was issued to correct an unsafe condition for 
Leonardo S.p.a. (formerly Finmeccanica S.p.A and AgustaWestland S.p.A) 
Model AW169 helicopters, all serial numbers.
    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 with an affected part installed as identified in EASA 
AD 2019-0252. The NPRM published in the Federal Register on July 28, 
2021 (86 FR 40371). In the NPRM, the FAA proposed to require 
modification of the pilot and co-pilot yaw pedal assemblies. The NPRM 
was prompted by EASA AD 2019-0252, which advised that there was a 
report of a broken adjustable device that is part of the pilot and co-
pilot yaw pedal assemblies. This condition, if not addressed, could 
result in failure of a yaw pedal adjuster, which could result in 
reduced yaw control of the helicopter.
    Accordingly, EASA AD 2019-0252 required modification (rework) of 
the affected pilot and co-pilot assemblies and re-identification of 
each affected part after it has been modified. The modification 
included the installation of additional end stroke stops on the pilot 
and co-pilot pedal assemblies. EASA considered EASA AD 2019-0252 an 
interim action and stated that further EASA AD action may follow.
    The FAA issued a supplemental notice of proposed rulemaking (SNPRM) 
to amend 14 CFR part 39 by adding an AD that would apply to all 
Leonardo S.p.a. Model AW169 helicopters. The SNPRM published in the 
Federal Register on October 29, 2021 (86 FR 59900). The SNPRM proposed 
to require modification of certain pilot and copilot yaw pedal 
assemblies with an improved design and re-identification of the 
affected parts, as specified in EASA AD 2021-0199.
    EASA advises that since EASA AD 2019-0252 was issued three 
additional events have been reported where the universal joint of the 
adjusting mechanism on the yaw pedals failed. Prompted by these 
findings, Leonardo

[[Page 2531]]

S.p.a. developed a new modification that introduces upgraded pilot and 
co-pilot pedal assemblies with an improved design, which removes the 
failure modes.
    Accordingly, EASA AD 2021-0199 requires modification (rework) of 
the affected pilot and co-pilot assemblies and re-identification of 
each affected part after it has been modified. The modification 
includes replacing the pedal main support assembly, adjuster screw 
assembly, knob assembly, and spring pin, and removing the additional 
end stroke stops that were installed on the pilot and co-pilot pedal 
assemblies using the modification specified in EASA AD 2019-0252. EASA 
AD 2021-0199 also provides an option to replace an affected part with a 
non-affected part instead of doing the modification.
    In addition, the FAA revised the applicability of the SNPRM from 
Leonardo S.p.a. Model AW169 helicopters with an affected part installed 
(as specified in the NPRM), to all Leonardo S.p.a. Model AW169 
helicopters. This revised applicability matches EASA AD 2021-0199.
    The FAA is issuing this AD to address failure of a yaw pedal 
adjuster, which could result in reduced yaw control of the helicopter. 
See the MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the SNPRM or on the determination 
of the cost to the public.

Conclusion

    The FAA reviewed the relevant data, and determined that air safety 
requires adopting this AD as proposed. Except for minor editorial 
changes, this AD is adopted as proposed in the SNPRM. None of the 
changes will increase the economic burden on any operator. Accordingly, 
the FAA is issuing this AD to address the unsafe condition on these 
products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0199 requires modification of the affected pilot and 
co-pilot assemblies and re-identification of each affected part after 
it has been modified. EASA AD 2021-0199 also provides an option to 
replace an affected part with a non-affected part instead of doing the 
modification. EASA AD 2021-0199 also prohibits the installation of 
affected parts.
    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.

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
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Modify and re-identify affected parts.  25 work-hours x $85 per               $0          $2,125         $21,250
                                         hour = $2,125.
----------------------------------------------------------------------------------------------------------------

    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.

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

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2021-26-29 Leonardo S.p.a.: Amendment 39-21888; Docket No. FAA-2021-
0570; Project Identifier 2019-SW-091-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective February 22, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model AW169 helicopters, 
certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6700, Rotorcraft 
Flight Control.

(e) Unsafe Condition

    This AD was prompted by a report of a broken adjustable device 
that is part of the pilot and co-pilot yaw pedal assemblies. The FAA 
is issuing this AD to address failure of

[[Page 2532]]

a yaw pedal adjuster, which could result in reduced yaw control of 
the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2021-0199, dated August 27, 2021 (EASA AD 2021-0199).

(h) Exceptions to EASA AD 2021-0199

    (1) Where EASA AD 2021-0199 refers to flight hours, this AD 
requires using hours time-in-service.
    (2) Where EASA AD 2021-0199 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where the service information referenced in EASA AD 2021-
0199 specifies discarding certain parts, this AD requires removing 
those parts from service.
    (4) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0199.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0199 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are prohibited.

(k) 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 (l) of 
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(l) Related Information

    For more information about this AD, contact Kristi Bradley, 
Program Manager, COS Program Management Section, Operational Safety 
Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 
(817) 222-5485; email [email protected].

(m) 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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0199, 
dated August 27, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0199, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu.
    (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. This material may be 
found in the AD docket at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2021-0570.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 17, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-00757 Filed 1-14-22; 8:45 am]
BILLING CODE 4910-13-P
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