Background \n\n\n\tThe FAA issued Emergency AD 2007-26-52 on December 20, 2007 and published it as a Final rule; request for comments on May 9, 2008, as Amendment 39-15519 (73 FR 26316). AD 2007-26-52 applied to Agusta S.p.A. (now Leonardo) Model A109C, A109E, and A109K2 helicopters with an MRB part number (P/N) 709-0103-01-all dash numbers installed. AD 2007-26-52 required, for any MRB with a serial number (S/N) with a prefix of either ''EM-'' or ''A5-'', except a MRB with a tip cap P/N 709-0103-29-109, within 10 hours time-in-service (TIS) and thereafter at intervals not to exceed 25 hours TIS: \n\tA tap inspection of the upper and lower sides of each tip cap and in the tip cap to blade bond area for bonding separation; \n\tA visual inspection of the upper and lower side of each blade tip cap for swelling or deformation; and \n\tA dye-penetrant inspection of the tip cap leading edge along the welded joint line of the upper and lower tip cap skin shells fora crack. \n\tFor any MRB with a tip cap P/N 709-0103-29-109 installed, the AD required visually inspecting for a crack on the leading edge at the welded bead (joint line of shells) using a 10x or higher power magnifying glass, and if there is damage other than a crack, inspecting the area using a dye-penetrant inspection method, within the following compliance times: \n\tFor a tip cap P/N 709-0103-29-109 with 600 or more hours TIS, inspect within the next 5 hours TIS or 30 days, whichever occurs first, and thereafter at intervals not to exceed 50 hours TIS; or \n\tFor a tip cap P/N 709-0103-29-109 with less than 600 hours TIS, inspect before reaching 600 hours TIS, and thereafter, at intervals not to exceed 50 hours TIS. \n\tAD 2007-26-52 also required replacing the MRB if swelling, deformation, a crack, or bonding separation that exceeds the prescribed limits is found in an MRB with an affected prefix, except an MRB with a tip cap P/N 709-0103-29-109. The MRB must be replaced with an airworthy MRB before further flight. If a crack is found in a MRB with tip cap P/ N 709-0103-29-109, then AD 2007-26-52 required replacing the MRB before further flight. The actions were required to be accomplished in accordance with the manufacturer's service information. \n\tAD 2007-26-52 was prompted by EASA AD 2007-0306-E, dated December 14, 2007 (EASA AD 2007-0306-E). EASA, which is the Technical Agent for the Member States of the European Union, notified the FAA that an unsafe condition may exist on Agusta Model A109C, A109E, and A109K2 helicopters. EASA advises that an incident occurred in which a Model A109E helicopter lost part of the tip of the MRB due to fracture of the welded bead (joint line of shells). The manufacturer advised that the investigation relating to this tip cap failure was still ongoing. \n\nActions Since AD 2007-26-52 Was Issued \n\n\n\tSince the FAA issued AD 2007-26-52, EASA issued AD 2020-0230, dated October 22, 2020 (EASA AD 2020-0230), which supersedes EASA AD 2007- 0306-E, to correct an unsafe condition for Leonardo S.p.a. Helicopters, formerly Finmeccanica S.p.A., AgustaWestland S.p.A., Agusta \n\n((Page 15577)) \n\nS.p.A., Model A109E, A109K2, and A109C helicopters, all serial numbers. EASA advises that recent occurrences of affected parts detachment have been reported. EASA advises that the visual inspection for MRBs with tip cap P/N 709-0103-29-109 installed is no longer acceptable to detect part cracking and that this condition, if not detected and corrected, could lead to further affected parts detachments, possibly resulting in reduced control of the helicopter. \n\tAccordingly, EASA AD 2020-0230 replaces the requirements of EASA AD 2007-0306-E for MRBs with a tip cap P/N 709-0103-29-109 installed, by changing the visual inspections of affected parts to dye-penetrant inspections and requires, depending on findings, replacement. \n\nFAA's Determination \n\n\n\tThese helicopters have been approved by EASA and are approved for operationin 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 the same type designs. \n\nRelated Service Information Under 1 CFR Part 51 \n\n\n\tThe FAA previously reviewed the following Agusta Alert Bollettino Tecnicos (BT), each Revision B and each dated December 19, 2000: \n\tNo. 109-106 which applies to Model A109C helicopters; \n\tNo. 109EP-1 which applies to Model A109E helicopters; and \n\tNo. 109K-22 which applies to Model A109K2 helicopters. \n\tThese BTs specify procedures for inspecting the MRB tip cap for bonding separation and a crack; a tap inspection of the tip cap for bonding separation in the blade bond; and a dye-penetrant inspection of the tip cap leading edge along the welded jointline of the upper and lower tip cap skin shells for a crack. \n\tThe FAA reviewed the following Leonardo Helicopters Alert Service Bulletins (ASBs), each Revision A and each dated October 19, 2020: \n\tNo. 109-125 which applies to Model A109C helicopters; \n\tNo. 109EP-085 which applies to Model A109E helicopters; and \n\tNo. 109K-048 which applies to Model A109K2 helicopters. \n\tThese ASBs specify dye-penetrant inspecting the tip cap P/N 709- 0103-29-109 for cracks on the tip cap leading edge at the welded bead (joint line of shells) and removes the magnifying glass inspection that was specified in the original ASBs. \n\tThis 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. \n\nAD Requirements \n\n\n\tThis AD continues to require, for an MRB with a S/N that has a prefix of either ''EM-'' or ''A5-'', except an MRB with a tip cap P/N 709-0103-29-109 installed, within 10 hours TIS after the effective date of this AD and thereafter at intervals not to exceed 25 hours TIS, tap inspecting each tip cap for bonding separation in specified areas; tap inspecting for bonding separation in the tip cap to blade bond area; visually inspecting the upper and lower sides of each blade tip cap for swelling or deformation; and dye-penetrant inspecting the tip cap leading edge along the welded joint line of the upper and lower tip cap skin shells for a crack. If there is any swelling, deformation, or crack, or bonding separation that exceeds allowable limits, removing the blade from service is required before further flight; if there is no swelling, deformation or crack, or if bonding separation does not exceed allowable limits, continuing the inspections is required. \n\tFor an MRB with a tip cap P/N 709-0103-29-109 installed, this AD now requires, for each tip cap with less than 600 hours TIS, before reaching 600 hours TIS, and thereafter, at intervals not to exceed 50 hours TIS, or for each tip cap with 600 or more hours TIS, within the next 5 hours TIS or 30 days after the effective date of this AD, whichever occurs first, and thereafter at intervals not to exceed 50 hours TIS, dye-penetrant inspecting the welded bead on the tip cap leading edge (joint line between the two metal shells) for a crack and removing the tip cap from service if there is a crack. \n\tThis AD also prohibits installing an MRB with tip cap P/N 709-0103- 29-109 on any helicopter unless it has been inspected in accordance with the inspection requirements of this AD. \n\nJustification for Immediate Adoption and Determination of the Effective Date \n\n\n\tSection 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. \n\tAn 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 inspections for certain MRBs must be accomplished within 5 or 10 hours TIS after the effective date of this AD, depending on the MRB, and corrective action is required before further flight. 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 inless than 30 days, for the same reasons the FAA found good cause to forego notice and comment. \n\nComments Invited \n\n\n\tThe 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-2021-0194; Project Identifier MCAI- 2020-01434-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. \n\tExcept 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 substantiveverbal contact received about this final rule. \n\nConfidential Business Information \n\n\n\tCBI 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 \n\n((Page 15578)) \n\nthat 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 Fred Guerin, Aerospace Engineer, General Aviation & Rotorcraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone (206) 231- 3500; email fred.guerin@faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. \n\nRegulatory Flexibility Act \n\n\n\tThe 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. \n\nCosts of Compliance \n\n\n\tThe FAA estimates that this AD affects 72 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. \n\tEach tap inspection will take about 3 work-hours and there are no parts costs for an estimated cost of about $255 per helicopter per inspection cycle. \n\tEach visual inspection will take about 1 work-hour and there are no parts cost for an estimated cost of about $85 per helicopter per inspection cycle. \n\tEach dye-penetrant inspection will take about 3 work-hours and parts will cost about $100 for an estimated cost of about $355 per helicopter per inspection cycle. \n\tReplacing a blade, if required, will take about 2 work-hours and parts will cost about $98,435 per blade, for an estimated cost of about $98,605 per replacement. \n\tReplacing a tip cap, if required, will take about 30 work-hours and parts will cost about $3,034 per tip cap, for an estimated cost of about $5,584 per replacement. \n\tThe 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. \n\nAuthority for This Rulemaking \n\n\n\tTitle 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. \n\tThe 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. \n\nRegulatory Findings \n\n\n\tThis 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. \n\tFor the reasons discussed, I certify that this AD: \n\t(1) Is not a ''significant regulatory action'' under Executive Order 12866, and \n\t(2) Will not affect intrastate aviation in Alaska. \n\nList of Subjects in 14 CFR Part 39 \n\n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.