[Federal Register Volume 83, Number 35 (Wednesday, February 21, 2018)]
[Proposed Rules]
[Pages 7423-7425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03494]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0619; Product Identifier 2016-SW-093-AD]
RIN 2120-AA64


Airworthiness Directives; AgustaWestland S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
AgustaWestland S.p.A. (AgustaWestland) Model AW189 helicopters. This 
proposed AD would require inspecting the tail gearbox (TGB) fitting for 
a crack. This proposed AD is prompted by a report of a crack on a TGB 
fitting that was found during a scheduled inspection. The actions of 
this proposed AD are intended to prevent an unsafe condition on these 
products.

DATES: We must receive comments on this proposed AD by April 23, 2018.

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-
0619; 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 proposed AD, the European Aviation Safety Agency (EASA) AD, the 
economic evaluation, any comments received, and other information. The 
street address for Docket Operations (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.
    For service information identified in this proposed rule, contact 
Leonardo

[[Page 7424]]

S.p.A. Helicopters, 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. 2016-0177, dated September 8, 
2016, to correct an unsafe condition for Leonardo Helicopters (formerly 
Finmeccanica S.p.A. and AgustaWestland) Model AW189 helicopters with a 
tail assembly part number (P/N) 8G5350A00131.
    EASA advises that a crack was detected on the TGB fitting P/N 
4F5350A04152 during a scheduled inspection of an AW189 helicopter. EASA 
advises that this condition, if not detected and corrected, could lead 
to crack propagation up to a critical length. This condition could 
reduce the assembly's ability to sustain loads from the TGB and tail 
rotor, possibly resulting to reduced helicopter control. The EASA AD 
consequently requires repetitive inspections of the fitting and 
replacing the fitting, depending on the inspections' outcome. EASA 
considers these actions to be interim and that further AD action may 
follow.
    The FAA is in the process of updating AgustaWestland's name changes 
to Finmeccanica S.p.A., and then to Leonardo Helicopters, on its FAA 
type certificate. Because this name change is not yet effective, this 
AD specifies AgustaWestland.

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

    Leonardo Helicopters has issued Bollettino Tecnico No. 189-114, 
dated September 6, 2016 (BT), which specifies inspecting the TGB 
fitting within 30 flight hours or 1 month from the receipt of the BT, 
whichever comes first, and then at intervals not to exceed 150 flight 
hours. If a crack is found, the BT requires replacing the TGB fitting.
    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 within 30 hours time-in-service 
(TIS) and thereafter at intervals not to exceed 150 hours TIS, cleaning 
the areas around the Hi-lok holes and inspecting the TGB fitting for a 
crack. If a crack exists, this proposed AD would require replacing the 
part before the next flight.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires you to provide a compliance record and return 
parts to Leonardo Helicopters if a crack is found on the fitting. This 
proposed AD would require no such actions.

Interim Action

    We consider this proposed AD to be an interim action. The design 
approval holder is expected to develop a modification that will address 
the unsafe condition identified in this AD. Once this modification is 
developed, approved, and available, we might consider additional 
rulemaking.

Costs of Compliance

    We estimate that this AD affects 4 helicopters of U.S. Registry and 
that labor costs average $85 per work-hour. Based on these estimates, 
we expect the following costs:
     Inspecting the TGB fitting would require 4 work-hours and 
no parts for a cost per helicopter of $340 and $1,360 for the U.S. 
fleet each inspection cycle.
     Replacing the TGB fitting would require 48 work-hours and 
parts would cost $30,000 for a cost of $34,080 per helicopter.
    According to Leonardo Helicopters' service information, some of the 
costs of this AD may be covered under warranty, thereby reducing the 
cost impact on affected individuals. We do not control warranty 
coverage by Leonardo Helicopters. Accordingly, we have included all 
costs in our cost estimate.

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.

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

[[Page 7425]]

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):

AgustaWestland S.p.A.: Docket No. FAA-2017-0619; Product Identifier 
2016-SW-093-AD.

(a) Applicability

    This AD applies to AgustaWestland S.p.A. Model AW189 
helicopters, certificated in any category, with tail assembly part 
number 8G5350A00131 installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack on a tail 
gearbox fitting. This condition could reduce the tail assembly's 
ability to sustain loads from the tail rotor gearbox (TGB) and the 
tail rotor and result in loss of helicopter control.

(c) Comments Due Date

    We must receive comments by April 23, 2018.

(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

    Within 30 hours time-in-service (TIS) and thereafter at 
intervals not to exceed 150 hours TIS, clean and inspect the TGB 
fitting for a crack in the areas depicted in Figure 1 of Leonardo 
Helicopters Bollettino Tecnico No. 189-114, dated September 6, 2016. 
If there is a crack, replace the TGB fitting before further flight.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards 
Branch, 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.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD No. 2016-0177, dated September 8, 2016. You may 
view the EASA AD on the internet at http://www.regulations.gov by 
searching for and locating it in Docket No. FAA-2017-0619.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6520, Tail Rotor 
Gearbox. Issued in Fort Worth, Texas, on February 12, 2018.

Scott A. Horn,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2018-03494 Filed 2-20-18; 8:45 am]
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