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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2022-0282; Project Identifier MCAI-2021-01208-R]
          - RIN 2120-AA64

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Notice of proposed rulemaking (NPRM).

# SUMMARY:

The FAA proposes to adopt a new airworthiness directive (AD) for certain Leonardo S.p.a. Model AW169 helicopters. This proposed AD was prompted by a report of a blockage in a fuel tank vent line. This proposed AD would require inspecting the fuel tank vent lines, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.

# DATES:

The FAA must receive comments on this proposed AD by May 5, 2022.

# 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 EASA material that is proposed for 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 the EASA material on the EASA website at                         *https://ad.easa.europa.eu.*                         For Leonardo Helicopters service information identified in this NPRM, 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. The EASA material is also available 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 NPRM, the EASA AD, any comments received, and other information. The street address for Docket Operations is listed above.                

# 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:

## Comments Invited

                    The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under                     **ADDRESSES**                    . Include “Docket No. FAA-2022-0282; Project Identifier MCAI-2021-01208-R” at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, 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 proposal 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 NPRM.                

## 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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to 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.*                     Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking.                

## 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.

                    This proposed AD was prompted by a report of a blockage in a fuel tank vent line. The FAA is proposing this AD to detect and address the blockage, which                           ( print page 15895)                        if not addressed, could result in dual engine flameout due to fuel starvation and a subsequent forced landing. See EASA AD 2021-0238 for additional background information.                

## 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 boroscopic inspection of the right and left fuel tank vent lines.

## FAA's Determination

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 is proposing 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.

## Proposed AD Requirements in This NPRM

This proposed AD would require accomplishing the actions specified in EASA AD 2021-0238, described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this proposed AD and except as discussed under “Differences Between this Proposed AD and the EASA AD.”

## Explanation of Required Compliance Information

                    In the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, the FAA proposes to incorporate EASA AD 2021-0238 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2021-0238 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this proposed AD. Using common terms that are the same as the heading of a particular section in EASA AD 2021-0238 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 EASA AD 2021-0238. Service information referenced in EASA AD 2021-0238 for compliance will be available at                     *https://www.regulations.gov*                     by searching for and locating Docket No. FAA-2022-0282 after the FAA final rule is published.                

## Differences Between This Proposed 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 proposed AD would require 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 proposed AD would require inspecting for a partial or total Proseal obstruction.

## Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would affect 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 proposed AD.

Boroscopic inspecting the fuel tank vent lines would take 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

The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed 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 proposed regulation:

(1) Is not a “significant regulatory action” under Executive Order 12866,

(2) Would not affect intrastate aviation in Alaska, and

(3) Would 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 Proposed Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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.

      ( print page 15896)    
§ 39.13 

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

**Leonardo S.p.a.:**                         Docket No. FAA-2022-0282; Project Identifier MCAI-2021-01208-R.                    

## (a) Comments Due Date

The FAA must receive comments on this airworthiness directive (AD) by May 5, 2022.

## (b) Affected ADs

None.

## (c) Applicability

This AD applies to Leonardo S.p.a. Model AW169 helicopters, certificated in any category, as identified in European Union Aviation Safety Agency (EASA) AD 2021-0238, dated November 2, 2021 (EASA AD 2021-0238).

## (d) Subject

Joint Aircraft Service Component (JASC) Code: 2800, Aircraft Fuel System.

## (e) Unsafe Condition

This AD was prompted by a report of blockage in a fuel tank vent line. The FAA is issuing this AD to detect and address the blockage. The unsafe condition, if not addressed, could result in dual engine flameout due to fuel starvation and a subsequent forced landing.

## (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, EASA AD 2021-0238.                    

## (h) Exceptions to EASA AD 2021-0238

(1) Where EASA AD 2021-0238 requires compliance in terms of flight hours, this AD requires using hours time-in-service.

(2) Where EASA AD 2021-0238 refers to its effective date, this AD requires using the effective date of this AD.

(3) Where the service information referenced in paragraph (1) of EASA AD 2021-0238 specifies recording the inspection outcome in the report in ANNEX A (of the service information), this AD does not require that action.

(4) Where the service information referenced in paragraph (1) of EASA AD 2021-0238 specifies inspecting “the left/right vent line for evidence of a partial or total Proseal obstruction,” this AD requires inspecting for a partial or total Proseal obstruction.

(5) Where the service information referenced in EASA AD 2021-0238 specifies immediately contacting Leonardo Company Product Support Engineering and waiting for further instructions before proceeding if there is any Proseal obstruction in any fuel tank vent line, this AD does not require that action.

(6) Where the service information referenced in paragraph (2) of EASA AD 2021-0238 specifies to “carefully remove the Proseal obstruction by means of a suitable method,” this AD requires, before further flight, accomplishing repairs in accordance with a method approved by the Manager, General Aviation & 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.

(7) Where paragraph (2) of EASA AD 2021-0238 specifies contacting Leonardo for approved corrective actions and accomplishing those instructions within the compliance time specified therein, this AD requires, before further flight, accomplishing repairs in accordance with a method approved by the Manager, General Aviation & Rotorcraft Section, International Validation Branch, FAA; or EASA; or Leonardo S.p.a. Helicopters' EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature.

(8) This AD does not mandate compliance with the “Remarks” section of EASA AD 2021-0238.

## (i) No Reporting Requirement

Although the service information referenced in EASA AD 2021-0238 specifies to submit certain information to the manufacturer, this AD does not include that requirement.

## (j) 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 (k)(2) 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 inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

## (k) Related Information

                        (1) For EASA AD 2021-0238, 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.*                         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. This material may be found in the AD docket at                         *https://www.regulations.gov*                         by searching for and locating Docket No. FAA-2022-0282.                    

                        (2) For more information about this AD, 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.*

Issued on March 10, 2022.

Lance T. Gant,

Director, Compliance & Airworthiness Division, Aircraft Certification Service.

[FR Doc. 2022-05590 Filed 3-18-22; 8:45 am]

BILLING CODE 4910-13-P