[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Rules and Regulations]
[Pages 30153-30155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11961]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0452; Project Identifier MCAI-2021-00388-R; 
Amendment 39-21597; AD 2021-12-10]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a.

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 
Leonardo S.p.a. Model AB139 and AW139 helicopters with 3-stretcher kit 
part number 139084-501 installed. This AD was prompted by a report of a 
design deficiency which affects the primary stretcher unit of the 3-
stretcher kit. This AD requires installing a placard on the primary 
stretcher. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD becomes effective June 22, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of June 22, 2021.
    The FAA must receive comments on this AD by July 22, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact 
Aerolite AG, Aum[uuml]hlestrasse 10, CH-6373 Ennetb[uuml]rgen, 
Switzerland; phone: +41 (0)41 624 58 58; fax: +41 (0)41 624 58 59; 
email: <a href="/cdn-cgi/l/email-protection#553c3b333a153430273a393c21307b363d"><span class="__cf_email__" data-cfemail="83eaede5ecc3e2e6f1ecefeaf7e6ade0eb">[email protected]</span></a>. 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. Service 
information that is incorporated by reference is also available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0452.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0452; 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 
European Union Aviation Safety Agency (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., Mail Stop: Room 410, 
Westbury, NY 11590; phone: (516) 228-7330; email: 
<a href="/cdn-cgi/l/email-protection#94f5faf0e6f1f5bafefdf9f1faf1eed4f2f5f5baf3fbe2"><span class="__cf_email__" data-cfemail="2a4b444e584f4b044043474f444f506a4c4b4b044d455c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0095, dated March 31, 2021 
(EASA AD 2021-0095), to correct an unsafe condition for Leonardo S.p.a. 
Model AB139 and AW139 helicopters with 3-stretcher kit part number 
139084-501 installed by a certain supplemental type certificate (STC). 
EASA advises that a design deficiency was identified, affecting the 
primary stretcher unit, part number 002095-502, of the 3-stretcher kit 
part number 139084-501. This condition, if not addressed, could lead, 
in case of an emergency landing, to failure of the primary stretcher of 
the 3-stretcher kit, possibly resulting in injury to helicopter 
occupants.
    Accordingly, EASA AD 2021-0095 requires installing a placard on the 
primary stretcher stating a limitation of 61 kg (134.5 lbs) for the 
maximum allowable weight of the occupant on the primary stretcher. EASA 
considers its AD an interim action and states that further AD action 
may follow. Although EASA AD 2021-0095 applies to Leonardo S.p.a. Model 
AB139 and AW139 helicopters with 3-stretcher kit part number 139084-501 
installed by a certain STC, this AD applies to helicopters with an 
affected part installed instead.

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 issuing 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 these same type designs.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Aerolite Alert Service Bulletin ASB-21-006, dated 
March 16, 2021. This service information specifies procedures for 
installing a weight limit placard on the primary stretcher unit of the 
3-stretcher kit.
    This service information 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.

AD Requirements

    This AD requires accomplishing the actions specified in the service 
information already described, except as discussed under ``Differences 
Between the AD and the EASA AD.''

[[Page 30154]]

Differences Between This AD and the EASA AD

    EASA AD 2021-0095 requires operators to ``inform all affected 
flight crew and medical crew members'' of the placard installation on 
the primary stretcher. However, this AD would not specifically require 
that action.

Interim Action

    The FAA considers this AD to be an interim action. If final action 
is later identified, the FAA might consider further rulemaking then.

Justification for Immediate Adoption 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.
    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 foregoing notice and comment prior to adoption of this rule 
because a design deficiency which affects the primary stretcher unit of 
the 3-stretcher kit, if not addressed, could lead, in case of an 
emergency landing, to failure of the primary stretcher, possibly 
resulting in injury to helicopter occupants. Accordingly, notice and 
opportunity for prior public comment are impracticable and contrary to 
the 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, 
for the same reasons the FAA found good cause to forego notice and 
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0452; Project Identifier MCAI-
2021-00388-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 Andrea 
Jimenez, Aerospace Engineer, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
1600 Stewart Ave., Mail Stop: Room 410, Westbury, NY 11590; phone: 
(516) 228-7330; email: <a href="/cdn-cgi/l/email-protection#ef8e818b9d8a8ec18586828a818a95af898e8ec1888099"><span class="__cf_email__" data-cfemail="f998979d8b9c98d79390949c979c83b99f9898d79e968f">[email protected]</span></a>. Any commentary that the 
FAA receives which is not specifically designated as CBI will be placed 
in the public docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (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 prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 129 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.

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................             $10              $95          $12,255
----------------------------------------------------------------------------------------------------------------

    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.

[[Page 30155]]

    For the reasons discussed, I certify that this AD:
    (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:

2021-12-10 Leonardo S.p.a.: Amendment 39-21597; Docket No. FAA-2021-
0452; Project Identifier MCAI-2021-00388-R.

(a) Effective Date

    This airworthiness directive (AD) is effective June 22, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB139 and AW139 
helicopters, certificated in any category, with 3-stretcher kit part 
number 139084-501 installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 1100, Placards and 
Markings.

(e) Unsafe Condition

    This AD was prompted by a report of a design deficiency which 
affects the primary stretcher unit of the 3-stretcher kit. The FAA 
is issuing this AD to address a design deficiency which affects the 
primary stretcher unit of the 3-stretcher kit. The unsafe condition, 
if not addressed, could lead, in case of an emergency landing, to 
failure of the primary stretcher, possibly resulting in injury to 
helicopter occupants.

(f) Compliance

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

(g) Required Actions

    Within 30 hours time-in-service (TIS) after the effective date 
of this AD, install a placard on the primary stretcher in accordance 
with the Accomplishment Instructions of Aerolite Alert Service 
Bulletin ASB-21-006, dated March 16, 2021.

(h) 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 (i)(1) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#ba8397fbece997fbf3e8978d898a97fbf7f5f9fadcdbdb94ddd5cc"><span class="__cf_email__" data-cfemail="f0c9ddb1a6a3ddb1b9a2ddc7c3c0ddb1bdbfb3b0969191de979f86">[email protected]</span></a>.
    (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.

(i) Related Information

    (1) 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., Mail Stop: Room 410, Westbury, NY 11590; phone: (516) 
228-7330; email: <a href="/cdn-cgi/l/email-protection#4a2b242e382f2b642023272f242f300a2c2b2b642d253c"><span class="__cf_email__" data-cfemail="adccc3c9dfc8cc83c7c4c0c8c3c8d7edcbcccc83cac2db">[email protected]</span></a>.
    (2) For service information identified in this AD, contact 
Aerolite AG, Aum[uuml]hlestrasse 10, CH-6373 Ennetb[uuml]rgen, 
Switzerland; phone: +41 (0)41 624 58 58; fax: +41 (0)41 624 58 59; 
email: <a href="/cdn-cgi/l/email-protection#d6bfb8b0b996b7b3a4b9babfa2b3f8b5be"><span class="__cf_email__" data-cfemail="c3aaada5ac83a2a6b1acafaab7a6eda0ab">[email protected]</span></a>. You may view this referenced 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.
    (3) The subject of this AD is addressed in European Union 
Aviation Safety Agency (EASA) AD 2021-0095, dated March 31, 2021. 
You may view the EASA AD at https://www.regulations.gov in Docket 
No. FAA-2021-0452.

(j) 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 the AD specifies otherwise.
    (i) Aerolite Alert Service Bulletin ASB-21-006, dated March 16, 
2021.
    (ii) [Reserved]
    (3) For Aerolite AG service information identified in this AD, 
contact Aerolite AG, Aum[uuml]hlestrasse 10, CH-6373 
Ennetb[uuml]rgen, Switzerland; phone: +41 (0)41 624 58 58; fax: +41 
(0)41 624 58 59; email: <a href="/cdn-cgi/l/email-protection#5930373f3619383c2b3635302d3c773a31"><span class="__cf_email__" data-cfemail="0d64636b624d6c687f6261647968236e65">[email protected]</span></a>.
    (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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: <a href="/cdn-cgi/l/email-protection#b4d2d1d0c6d1d39ad8d1d3d5d8f4dad5c6d59ad3dbc2"><span class="__cf_email__" data-cfemail="107675746275773e7c7577717c507e7162713e777f66">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 28, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-11961 Filed 6-3-21; 4:15 pm]
BILLING CODE 4910-13-P


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