Comments Invited \n\n\n\tThis AD is a final rule that involves requirements affecting flight safety, and the FAA did not provide you with notice and an opportunity to provide your comments prior to it becoming effective. However, the FAA invites you to participate in this rulemaking by submitting written comments, data, or views. The FAA also invites comments relating to the economic, environmental, energy, or federalism impacts that resulted from adopting this AD. The most helpful comments reference a specific portion of the AD, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit them only one time. The FAA will file in the docket all comments received, as well as a report summarizing each substantive public contact with FAA personnel concerning this rulemaking during the comment period. The FAA will consider all the comments received and may conduct additional rulemaking based on those comments. \n\nDiscussion \n\n\n\tEASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD No. 2019-0160, dated July 5, 2019, to correct an unsafe condition for Leonardo S.p.A. Model AW189 helicopters, with T/R damper part number (P/N) 4F640V00254 with a serial number (S/N) up to LK1229 inclusive. The EASA AD excludes any T/ R damper that is marked with ''R'' on its S/N and any T/R damper that has accumulated 150 flight hours or more since installation on a helicopter and that has been continuously installed for 12 months or more. EASA advises that occurrences were reported of leakage of the T/R damper hydraulic fluid. EASA advises that the T/R damper hydraulic fluid leakage occurred on newly installed T/R dampers and those that had accumulated less than 150 flight hours. Therefore, the EASA AD requires repetitive visual inspections of the hydraulic fluid level of each T/R damper at intervals not to exceed 10 flight hours until the T/ R damper accumulates 150 flight hours since first installation and 10 months after the effective date of the EASA AD. The EASA AD also provides a terminating action and requires a ground run following installation of an affected T/R damper. Additionally, depending on the inspection results, the EASA AD requires replacement of the affected part with a serviceable part, returning T/R dampers for re-work and re- identification, and emailing information and pictures to Leonardo Helicopter Division. \n\nFAA's Determination \n\n\n\tThese 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 \n\n((Page 10972)) \n\nrelevant information and determining that an unsafe condition is likely to exist or develop on other helicopters of the same type design. \n\nRelated Service Information Under 1 CFR Part 51 \n\n\n\tLeonardo Helicopters has issued Emergency Alert Service Bulletin (ASB) No. 189-226, dated July 5, 2019. The ASB specifies visually checking for excess hydraulic fluid in each T/R damper and defines the replacement and reporting criteria. The ASB also specifies performing a ground run and subsequent visual check immediately after installing any affected T/R damper on a helicopter. \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 requires, within 10 hours time-in-service (TIS) inspecting the hydraulic fluid level of each affected T/R damper and repeating the inspection at intervals not to exceed 10 hours TIS until the T/R damper accumulates 150total hours TIS and has been installed for 12 or more consecutive months. Depending on the hydraulic fluid level, this AD requires removing from service the affected T/R damper and emailing photographs of the sight window showing the hydraulic fluid level and certain information to Leonardo S.p.A Helicopters. \n\tAfter the effective date of this AD, following installation of an affected T/R damper, this AD requires performing a ground run for at least 30 minutes, inspecting the hydraulic fluid level, and repeating the hydraulic fluid level inspection at intervals not to exceed 10 hours TIS until the T/R damper accumulates 150 total hours TIS and has been installed for 12 consecutive months. \n\nDifferences Between This AD and the EASA AD \n\n\n\tThe EASA AD requires returning removed parts to Leonardo Helicopter Division, while this AD does not. Following installation of an affected T/R damper, the EASA AD requires repeating the hydraulic fluid level inspection until the T/R damper accumulates 150 total hours TIS, has been installed for 12 consecutive months, and has been installed for 10 months after the effective date of the EASA AD. This AD requires repeating the hydraulic fluid level inspection until the T/R damper accumulates 150 total hours TIS and has been installed for 12 consecutive months instead. \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 FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required. \n\nCosts of Compliance \n\n\n\tThe FAA estimates that this AD affects 4 helicopters of U.S. Registry. The FAA estimates that operators may incur the following costs in order to comply with this AD. Labor costs are estimated at $85 per work-hour. \n\tVisually inspecting the hydraulic fluid level on all four T/R dampers requires about 1 work-hour for an estimated cost of $85 per helicopter and $340 for the U.S. fleet per inspection cycle. \n\tIf required, replacing a T/R damper requires about 2 work-hours and parts cost about $7,170 for an estimated cost of $7,340 per T/R damper. \n\tReporting information requires about 1 work-hour for an estimated cost of $85 per helicopter. \n\nPaperwork Reduction Act \n\n\n\tA federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a 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 thedata needed, and 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 collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. \n\nFAA's Justification and Determination of the Effective Date \n\n\n\tSection 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 ''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. \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 waiving notice and comment prior to adoption of this rule because some of the corrective actions are required within 10 hours TIS. 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, for the reasons stated above, 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. \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\tThe 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. \n\tFor the reasons discussed, I certify that this AD: \n\t1. Is not a ''significant regulatory action'' under Executive Order 12866, and \n\n((Page 10973)) \n\n\n\t2. 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.