AD 2021-25-08

This AD becomes effective January 4, 2022.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 4, 2022.

The FAA must receive comments on this AD by February 3, 2022.

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 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. The EASA material is also available at https://www.regulations.gov by searching for and locating Docket FAA-2021-1060.

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.

EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2021-0078, dated March 17, 2021 (EASA AD 2021-0078) to correct an unsafe condition for certain Leonardo S.p.A. (formerly Finmeccanica S.p.A, AgustaWestland S.p.A., Agusta S.p.A.; and AgustaWestland Philadelphia Corporation, formerly Agusta Aerospace Corporation) Model AW189 helicopters.

EASA AD 2021-0078 was prompted by a design review which identified that fairing part number (P/N) 8G3340A12532 left-hand (LH) and P/N 8G3340A12632 right-hand (RH) used during icing trials activity conducted for the certification of Full Ice Protection System and Limited Ice Protection System kits had never been introduced in the MR tip light kit P/N 8G3340F00411 design definition. The MR tip light kit P/N 8G3340F00411 is currently composed of two other fairing part numbers, P/N 8G3340A12531 LH and P/N 8G3340A12631 RH installed in the vicinity of each engine air intake. EASA AD 2021-0078 advises the fairing part numbers that are currently installed could cause significant ice accretion during operations in icing conditions.

The FAA is issuing this AD to address ice shedding ingestion by the engines, which could lead to a double engine in-flight shut-down and consequent loss of control of the helicopter. See EASA AD 2021-0078 for additional background information.

EASA AD 2021-0078 specifies procedures for installation of rescue hoist kit removable parts (temporary actions) and replacement of affected parts with serviceable parts in accordance with the manufacturer's service information. EASA AD 2021-0078 prohibits installing any affected part after modification as required by the EASA AD. EASA AD 2021-0078 considers the modification a terminating action for the temporary actions required by the EASA AD.

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.

The FAA reviewed Leonardo Helicopters Alert Service Bulletin No.189-265, dated March 4, 2021. This service information provides instructions to install the rescue hoist kit “removable” parts as a temporary action until modification of the helicopter. This service information also provides instructions to install the MR tip light fairing modification P/N 8G3340P02411.

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 EASA AD 2021-0078 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 the same type design.

This AD requires accomplishing the actions specified in EASA AD 2021-0078, described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this AD and except as discussed under “Differences Between this AD and EASA AD 2021-0078.”

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 to use this process. As a result, EASA AD 2021-0078 is incorporated by reference in this AD. This AD, therefore, requires compliance with EASA AD 2021-0078 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 2021-0078 that is required for compliance with EASA AD 2021-0078 is available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-1060.

Service information referenced in EASA AD 2021-0078 specifies sending compliance forms to the manufacturer; this AD does not. Paragraph (2) of EASA AD 2021-0078 specifies a compliance time of 400 flight hours or 12 months, whichever occurs first. However, this AD requires a compliance time of 400 hours time-in-service after the effective date of this AD. This AD does not require compliance with paragraph (1) or paragraph (4) of EASA AD 2021-0078. EASA AD 2021-0078 paragraph (4) considers modification of the helicopter a terminating action for installing the rescue hoist kit “removable” parts on the helicopter. As this AD does not require installing the rescue hoist kit “removable” parts, this AD does not provide a terminating action for installing the rescue hoist “removable” parts.

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 affected by the unsafe condition addressed by this AD. Accordingly, notice and opportunity for prior public comment are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the foregoing reasons, 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.

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- FAA-2021-1060; Project Identifier MCAI-2021-00340-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.

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., 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.

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.

There are no costs of compliance with this AD because there are currently no helicopters with this type certificate on the U.S. Registry that are affected by the unsafe condition addressed by this AD.

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.

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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

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

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