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[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Rules and Regulations]
[Pages 46762-46766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17974]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0672; Project Identifier MCAI-2021-00304-R; 
Amendment 39-21693; AD 2021-17-10]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Leonardo S.p.a. Model A109A, A109A II, A109C, A109E, A109K2, 
A109S, and AW109SP helicopters, having a certain rotor brake kit 
installed. This AD was

[[Page 46763]]

prompted by a report of un-commanded activation of the rotor brake 
system before take-off due to a jammed rotor brake control cable and 
subsequent partially open brake control valve. This AD requires 
repetitive inspections of the rotor brake control cable and replacement 
of the rotor brake control cable, if necessary, 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 becomes effective September 7, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 7, 
2021.
    The FAA must receive comments on this AD by October 4, 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 material incorporated by reference (IBR) in this AD, contact 
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 
221 8999 000; email: [email protected]; internet: www.easa.europa.eu. 
You may find this 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. It is also available in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2021-0672.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0672; 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, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; phone: (516) 228-7323; 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0067, dated March 9, 2021 (EASA 
AD 2021-0067), to correct an unsafe condition on Leonardo S.p.a. 
(formerly Finmeccanica S.p.A., AgustaWestland S.p.A., Agusta S.p.A., 
Costruzioni Aeronautiche Giovanni Agusta) Model A109A, A109AII, A109C, 
A109E, A109K2, A109S, and AW109SP helicopters with a certain rotor 
brake kit installed.
    EASA AD 2021-0067 was prompted by a report of un-commanded 
activation of the rotor brake system before take-off due to a jammed 
rotor brake control cable and subsequent partially open brake control 
valve. This resulted in hydraulic pressure delivered to the rotor 
brake, even with the rotor brake lever in the OFF position. To address 
this condition, EASA AD 2021-0067 requires repetitive inspections of 
the rotor brake control cable and replacement, if necessary. The FAA is 
issuing this AD to address un-commanded activation of the rotor brake 
system, which could lead to failure of the rotor brake system with 
consequent damage to surrounding critical equipment, resulting in loss 
of control of the helicopter.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2021-0067 specifies, within 50 hours and thereafter at 
intervals not to exceed 100 hours, repetitively inspecting the rotor 
brake control cable and replacing the control cable if the cylindrical 
nipple does not rotate freely, if the control cable jams when running 
inside the sheath, or if there is any damage or wear. EASA AD 2021-0067 
also prohibits installing an affected rotor brake control cable on any 
helicopter unless it first passes the required inspection and requires 
reporting information to the manufacturer. 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.

FAA's Determination

    These products 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 of the 
unsafe condition described in its AD. The FAA is issuing this AD after 
determining that the unsafe condition described previously 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 AD 
2021-0067, described previously, as incorporated by reference, except 
for any differences identified 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 some 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 AD 2021-0067 is 
incorporated by reference in this FAA final rule. This AD would, 
therefore, require compliance with EASA AD 2021-0067 in its entirety, 
through that incorporation, except for any differences identified 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 required by EASA AD 2021-0067 for compliance is 
available on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2021-0672.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C.) 
authorizes agencies to dispense with notice and comment procedures for 
rules when the agency, for ``good cause'' finds that those procedures 
are

[[Page 46764]]

``impracticable, unnecessary, or contrary to the public interest.'' 
Under this section, an agency, upon finding good cause, may issue a 
final rule without seeking comment prior to the rulemaking.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because un-commanded activation of the rotor brake system due to a 
jammed rotor brake control cable and subsequent partially open brake 
control valve could lead to failure of the rotor brake system, with 
consequent loss of control of the helicopter. In addition, the 
compliance time for the required action is shorter than the time 
necessary for the public to comment and for publication of the final 
rule. Based on the average flight-hour utilization rates of these 
helicopters, the initial corrective actions must be completed within 
about two months. Therefore, notice and opportunity for prior public 
comment are impracticable and contrary to public interest pursuant to 5 
U.S.C. 553(b)(3)(B). In addition, 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 relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0672; Project Identifier MCAI-
2021-00304-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, 
Operational Safety Branch, FAA, 1600 Stewart Ave., Suite 410, Westbury, 
NY 11590; phone: (516) 228-7323; email: [email protected]. 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

    The FAA estimates that this AD affects 153 helicopters of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                         Estimated Costs for Inspection
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost        Cost per helicopter       Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85........              $0  $85 per inspection cycle..  $13,005 per inspection
                                                                                       cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any on-condition 
replacement that would be required based on the results of the 
inspections. The FAA has no way of determining the number of 
helicopters that might need this replacement:

                                    Estimated Costs of On-Condition Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost      helicopter
----------------------------------------------------------------------------------------------------------------
Replacement...................................  3 work-hours x $85 per hour =               $615            $870
                                                 $255.
Reporting.....................................  1 work-hour x $85 per hour = $85               0              85
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in this cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

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 currently valid OMB control number. The OMB 
control number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, completing and reviewing the collection of 
information. All responses to this collection of information are 
mandatory. Send comments regarding this burden estimate or any other 
aspect of this

[[Page 46765]]

collection of information, including suggestions for reducing this 
burden 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.

Regulatory Findings

    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 
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:

2021-17-10 Leonardo S.p.a: Amendment 39-21693; Docket No. FAA-2021-
0672; Project Identifier MCAI-2021-00304-R.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 7, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A109A, A109A II, A109C, 
A109E, A109K2, A109S, and AW109SP helicopters, certificated in any 
category, with a rotor brake kit identified in European Union 
Aviation Safety Agency (EASA) AD 2021-0067, dated March 9, 2021 
(EASA AD 2021-0067).

(d) Subject

    Joint Aircraft System Component (JASC) Codes 6321, Main Rotor 
Brake.

(e) Unsafe Condition

    This AD was prompted by a report of un-commanded activation of 
the rotor brake system before take-off due to a jammed rotor brake 
control cable and subsequent partially open brake control valve. The 
FAA is issuing this AD to address un-commanded activation of the 
rotor brake system, which could lead to failure of the rotor brake 
system, with consequent damage to surrounding critical equipment, 
and loss of 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, EASA AD 2021-0067.

(h) Exceptions to EASA AD 2021-0067

    (1) Where EASA AD 2021-0067 requires compliance from its 
effective date, this AD requires using the effective date of this 
AD.
    (2) This AD does not require the ``Remarks'' section of EASA AD 
2021-0067.
    (3) Where EASA AD 2021-0067 requires compliance in terms of 
flight hours (FH), this AD requires using hours time-in-service.
    (4) Where paragraph (2) of EASA AD 2021-0067 requires replacing 
the affected part if any defect is found, for purposes of this AD, a 
defect also includes compromised integrity of the control cable 
strands (e.g., fraying or a kink).
    (5) Where the service information required by EASA AD 2021-0067 
specifies replacing the affected part if any damage is found, for 
purposes of this AD, damage includes clicks or breakings when the 
rotor brake lever is moved forward and backward.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the helicopter to a location where the 
actions of this AD can be performed, provided the rotor brake system 
is de-activated or rendered inoperable.

(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) 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.

(k) Related Information

    For more information about this AD, contact Darren Gassetto, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; phone: (516) 228-7323; email: [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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 2021-0067, 
dated March 9, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0067, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: 
[email protected]; internet: www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0672.
    (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.

[[Page 46766]]

    Issued on August 12, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-17974 Filed 8-18-21; 11:15 am]
BILLING CODE 4910-13-P
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