[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Proposed Rules]
[Pages 44363-44365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19943]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0103; Product Identifier 2016-SW-086-AD]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Agusta S.p.A. Model AB139 and Model AW139 helicopters. This proposed AD 
would require inspecting the thickness of the tail gearbox (TGB) 
central housing (housing). This proposed AD is prompted by reports that 
the housing thickness does not conform to its type design. The actions 
of this proposed AD are intended to detect and correct an unsafe 
condition on these products.

DATES: We must receive comments on this proposed AD by November 21, 
2017.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0103; or in person at the Docket Operations Office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the European Aviation Safety Agency (EASA) 
AD, the economic evaluation, any comments received, and other 
information. The street address for the Docket Operations Office 
(telephone 800-647-5527) is in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

[[Page 44364]]

    For service information identified in this proposed rule, contact 
Leonardo S.p.A., Matteo Ragazzi, Head of Airworthiness, Viale G.Agusta 
520, 21017 C.Costa di Samarate (Va) Italy; telephone +39-0331-711756; 
fax +39-0331-229046; or at http://www.leonardocompany.com/-/bulletins. 
You may review the referenced service information at the FAA, Office of 
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-
321, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety 
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 
10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to participate in this rulemaking by submitting 
written comments, data, or views. We also invite comments relating to 
the economic, environmental, energy, or federalism impacts that might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, 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 only one time.
    We will file in the docket all comments that we receive, as well as 
a report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD No. 2016-0246, dated December 13, 
2016, to correct an unsafe condition for Leonardo S.p.A. (formerly 
Finmeccanica S.p.A. and Agusta S.p.A.) Model AB139 and Model AW139 
helicopters.
    EASA advises that the thickness of some sections of the housing do 
not conform to the type design. According to EASA, this condition, if 
not detected and corrected, could lead to premature cracks in the 
housing, resulting in failure of the tail gear rotor transmission and 
reduced control of the helicopter. The EASA AD consequently requires a 
one-time inspection to determine the thickness of the housing wall, and 
depending on the findings, replacing the housing or TGB assembly with 
an airworthy part.
    The FAA is in the process of updating Agusta S.p.A.'s name change 
to Leonardo S.p.A. on its FAA type certificate. Because this name 
change is not yet effective, this AD specifies Agusta S.p.A. as the 
type certificate holder.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Italy and are approved for operation in the United States. Pursuant to 
our bilateral agreement with Italy, EASA, its technical representative, 
has notified us of the unsafe condition described in its AD. We are 
proposing this AD because we evaluated all known relevant information 
and determined that an unsafe condition is likely to exist or develop 
on other products of the same type design.

Related Service Information Under 1 CFR Part 51

    We reviewed Leonardo Bollettino Tecnico No. 139-274, dated 
September 14, 2016 (BT 139-274), which specifies procedures for a 
dimensional check of the housing or TGB to determine the thickness of 
the housing wall. For housings with fewer than 7,500 flight hours, BT 
139-274 specifies compliance with the dimensional check by measurement 
during the next repair or overhaul, and replacing the housing if it 
does not meet its thickness requirement. For housings with 7,500 or 
more flight hours, BT 139-274 specifies compliance with the dimensional 
check by ultrasonic inspection within 300 flight hours, and replacing 
the TGB if it does not meet its thickness requirement. BT 139-274 
excludes certain serial-numbered housings from the applicability 
because they were inspected before delivery to customers.
    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.

Proposed AD Requirements

    This proposed AD would require the following:
     If a housing has fewer than 7,500 hours time-in-service 
(TIS), before reaching 7,500 hours TIS, inspecting the housing wall to 
determine the thickness and replacing the housing if the thickness is 
less than 2.65 mm (0.104 inch).
     If a housing has 7,500 or more hours TIS, within 300 hours 
TIS, ultrasonic inspecting the TGB to determine the thickness and 
replacing the TGB if the thickness is less than 2.65 mm (0.104 inch).

Differences Between This Proposed AD and the EASA AD

    If a housing has fewer than 7,500 hours TIS, the EASA AD requires a 
dimensional inspection of the housing wall at a helicopter's first 
return to a shop or service station for a TGB overhaul or repair after 
the EASA AD's effective date but no later than 7,500 hours TIS. This 
proposed AD would require such an inspection only before reaching 7,500 
hours TIS.

Costs of Compliance

    We estimate that this proposed AD would affect 103 helicopters of 
U.S. Registry and that labor costs average $85 per work-hour. Based on 
these estimates, we expect the following costs:
     Measuring the thickness of the housing would require .5 
work-hour and no parts would be needed for a cost of $43 per 
helicopter.
     Ultrasonic inspecting the thickness of the housing would 
require 2 work-hours and no parts would be needed for a cost of $170 
per helicopter.
     Replacing the TGB housing would require 5 work-hours, and 
parts would cost $11,185 for a cost of $11,610 per helicopter.

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.
    We are 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.

[[Page 44365]]

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply 
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 (AD):

    Agusta S.p.A.: Docket No. FAA-2017-0103; Product Identifier 
2016-SW-086-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. Model AB139 and Model AW139 
helicopters, certificated in any category, with a tail gearbox (TGB) 
assembly part number (P/N) 3T6522A00239, 3T6522A00242, 3T6522A00243, 
or 3T6522A00246 that has a central housing P/N 3T6522A05144 or 
3T6522A05146, all serial numbers except those listed in Table 1 of 
Leonardo Helicopters Bollettino Technico No. 139-274, dated 
September 14, 2016.

(b) Unsafe Condition

    This AD defines the unsafe condition as nonconforming thickness 
in a section of a TGB central housing, which can lead to a crack in 
the TGB central housing. This condition could result in the failure 
of the tail gear rotor transmission and loss of helicopter control.

(c) Comments Due Date

    We must receive comments by November 21, 2017.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    (1) For helicopters with a TGB central housing with less than 
7,500 hours time-in-service (TIS), before accumulating 7500 hours 
TIS, measure the thickness of the central housing in accordance with 
the Compliance Instructions, Part I paragraphs 1 and 2, of 
Bollettino Tecnico No. 139-274, dated September 14, 2016 (BT 139-
274). If the thickness is less than 2.65 mm (0.104 inch), replace 
the TGB central housing before further flight.
    (2) For helicopters with a TGB central housing with 7500 or more 
hours TIS, within 300 hours TIS, ultrasonic inspect the TGB in 
accordance with the Compliance Instructions, Part II paragraphs 4 
through 4.5 of BT 139-274. If the thickness is less than 2.65 mm 
(0.104 inch), replace the TGB before further flight.
    (3) After the effective date of this AD, do not install a 
central housing P/N 3T6522A05144 or 3T6522A05146, all serial numbers 
except those listed in Table 1 of BT 139-274, on any helicopter 
unless it has passed inspection in accordance with paragraph (e)(1) 
of this AD.

(f) Special Flight Permits

    Special flight permits are prohibited.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, FAA, may approve 
AMOCs for this AD. Send your proposal to: Matt Fuller, Senior 
Aviation Safety Engineer, Safety Management Section, Rotorcraft 
Standards Branch, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; 
telephone (817) 222-5110; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office before operating any aircraft 
complying with this AD through an AMOC.

(h) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD No. 2016-0246, dated December 13, 2016. You may 
view the EASA AD on the Internet at http://www.regulations.gov in 
the AD Docket.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6720, Tail Rotor 
Control System.

    Issued in Fort Worth, Texas, on September 11, 2017.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2017-19943 Filed 9-21-17; 8:45 am]
 BILLING CODE 4910-13-P