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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2021-0607; Project Identifier MCAI-2020-01249-R; Amendment 39-21666; AD 2021-16-04]
          - RIN 2120-AA64

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Final rule; request for comments.

# SUMMARY:

The FAA is adopting a new airworthiness directive (AD) for all Leonardo S.p.a. Model AB412 and AB412 EP helicopters. This AD was prompted by a report of the failure of both inverters in-flight, leading to an autopilot disconnection. This AD requires a one-time inspection of the clearance between a certain protective grommet installed in the emergency bus interlock compartment and the cable assemblies passing through it, and depending on the finding, applicable corrective actions, 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 23, 2021.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of September 23, 2021.

The FAA must receive comments on this AD by October 25, 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 EASA material incorporated by reference (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 this IBR material on the EASA website at                         *https://ad.easa.europa.eu.*                         You may view the EASA 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. The EASA material is also available at                         *https://www.regulations.gov*                         by searching for and locating Docket FAA-2021-0607.                    

## Examining the AD Docket

                    You may examine the AD docket at                     *https://www.regulations.gov*                     by searching for and locating Docket No. FAA-2021-0607; 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, the EASA AD, any comments received, and other information. The street address for Docket Operations is listed above.                

# FOR FURTHER INFORMATION CONTACT:

                        Jacob Fitch, Aerospace Engineer, COS Program Management Section, Operational Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-4130; email                         *jacob.fitch@faa.gov.*

# SUPPLEMENTARY INFORMATION:

## Background

The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2020-0192, dated September 4, 2020 (EASA AD 2020-0192) (also referred to as the Mandatory Continuing Airworthiness Information, or the MCAI), to correct an unsafe condition for Leonardo S.p.a. (formerly AgustaWestland S.p.A., Agusta S.p.A., and Costruzioni Aeronautiche Giovanni Agusta) Model AB412 and AB412 EP helicopters, all serial numbers.

                    This AD was prompted by a report of the failure of both inverters in-flight, leading to an autopilot disconnection. Subsequent inspection identified                           ( print page 50240)                        chafing of a wire in the alternating current (AC) power system cable assembly, due to a protective grommet incorrectly installed in the emergency bus interlock compartment. Insufficient clearance between a protective grommet and the cable assemblies that pass through it could result in chafing of the cable assemblies. The FAA is issuing this AD to address incorrect installation of a protective grommet in the emergency bus interlock compartment and chafed wiring in the AC power system cable assembly. Chafed wiring in the AC power system cable assembly, if not addressed, could lead to a short in the AC power system, resulting in autopilot failure, possibly the loss of other avionics systems, increased pilot workload, and reduced control of the helicopter.                

## Related IBR Material Under 1 CFR Part 51

EASA AD 2020-0192 specifies procedures for a one-time inspection of the clearance between a protective grommet installed in the emergency bus interlock compartment and the cable assemblies passing through it, and corrective actions. The corrective actions include replacing the existing grommet with a new grommet, inspecting the cable assemblies for damage (including chafing) and replacing affected cable assemblies, and reworking the bulkhead in the emergency bus interlock compartment. The rework of the bulkhead includes removing paint and primer, reworking the lightening hole, deburring the hole, applying chemical film protection, and priming all bare metal surfaces.

                    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 the aviation authority of another country, and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with the State of Design Authority, the FAA has been notified of the unsafe condition described in the MCAI referenced above. The FAA is issuing this AD after evaluating all pertinent information and determining that the unsafe condition exists and 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 2020-0192, described previously, as incorporated by reference, except for any differences identified as exceptions 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 certain 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 (CAAs) to use this process. As a result, EASA AD 2020-0192 is incorporated by reference in this FAA final rule. This AD therefore, requires compliance with EASA AD 2020-0192 in its entirety, through that incorporation, except for any differences identified as exceptions 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 specified in EASA AD 2020-0192 that is required for compliance with EASA AD 2020-0192 is available on the internet at                     *https://www.regulations.gov*                     by searching for and locating Docket No. FAA-2021-0607.                

## FAA's Justification 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 currently no domestic operators of these products. Therefore, the FAA finds that notice and opportunity for prior public comment are unnecessary pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the foregoing reason, 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-2021-0607; Project Identifier MCAI-2020-01249-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 Jacob Fitch, Aerospace Engineer, COS Program Management Section, Operational Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-4130; email                     *jacob.fitch@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.                

## 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                           ( print page 50241)                        has good cause to adopt this rule without 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

The FAA determined that 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 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

1. The authority citation for part 39 continues to read as follows: 

Authority:49 U.S.C. 106(g), 40113, 44701.

§ 39.13

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

**2021-16-04 Leonardo S.p.a.:**                             Amendment 39-21666; Docket No. FAA-2021-0607; Project Identifier MCAI-2020-01249-R.                        

## (a) Effective Date

This airworthiness directive (AD) becomes effective September 23, 2021.

## (b) Affected ADs

None.

## (c) Applicability

This AD applies to all Leonardo S.p.a. Model AB412 and AB412 EP helicopters, certificated in any category.

## (d) Subject

Joint Aircraft System Component (JASC) Code 2400, Electrical Power System.

## (e) Unsafe Condition

This AD was prompted by a report of the failure of both inverters in-flight, leading to an autopilot disconnection. Subsequent inspection identified chafing of a wire in the alternating current (AC) power system cable assembly, due to a protective grommet incorrectly installed in the emergency bus interlock compartment. Insufficient clearance between a protective grommet and the cable assemblies that pass through it could result in damage (including chafing) to the cable assemblies. The FAA is issuing this AD to address incorrect installation of a protective grommet in the emergency bus interlock compartment and chafed wiring in the AC power system cable assembly. Chafed wiring in the AC power system cable assembly, if not addressed, could lead to a short in the AC power system, resulting in autopilot failure, possibly the loss of other avionics systems, increased pilot workload, and reduced 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 2020-0192, dated September 4, 2020 (EASA AD 2020-0192).

## (h) Exceptions to EASA AD 2020-0192

(1) Where EASA AD 2020-0192 refers to its effective date, this AD requires using the effective date of this AD.

(2) Where the service information referenced in EASA AD 2020-0192 specifies to discard a certain part, this AD requires removing that part from service.

(3) Where the service information referenced in EASA AD 2020-0192 specifies to replace a certain part, this AD requires removing that part from service.

(4) Where EASA AD 2020-0192 refers to flight hours (FH), this AD requires using hours time-in-service.

(5) The “Remarks” section of EASA AD 2020-0192 does not apply to this AD.

(6) Where paragraph (2) of EASA AD 2020-0192 refers to “any discrepancy” for this AD, discrepancies include inadequate clearance between the protective grommet and AC power system cable assembly and damaged (chafed) AC power system cable assemblies.

## (i) No Reporting Requirement

Although the service information referenced in EASA AD 2020-0192 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:                             *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.

## (l) Related Information

                            For more information about this AD, contact Jacob Fitch, Aerospace Engineer, COS Program Management Section, Operational Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-4130; email                             *jacob.fitch@faa.gov.*

## (m) 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 2020-0192, dated September 4, 2020.

(ii) [Reserved]

                            (3) For EASA AD 2020-0192, contact the 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 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                                   ( print page 50242)                                the internet at                             *https://www.regulations.gov*                             by searching for and locating Docket No. FAA 2021-0607.                        

                            (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                             *fedreg.legal@nara.gov,*                             or go to                             *https://www.archives.gov/​federal-register/​cfr/​ibr-locations.html.*

Issued on July 21, 2021.

Gaetano A. Sciortino,

Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service.

[FR Doc. 2021-19248 Filed 9-7-21; 8:45 am]

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