[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)]
[Rules and Regulations]
[Pages 8745-8747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03929]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0103; Product Identifier 2016-SW-086-AD; Amendment 
39-19207; AD 2018-04-11]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

DATES: This AD is effective April 5, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of April 5, 2018.

ADDRESSES: For service information identified in this final 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. It is also available on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2017-0103.

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 Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this AD, the European Aviation Safety Agency (EASA) AD, any 
incorporated-by-reference service information, the economic evaluation, 
any comments received, and other information. The street address for 
Docket Operations (phone: 800-647-5527) is U.S. Department of 
Transportation, Docket Operations Office, M-30, West Building Ground 
Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

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:

Discussion

    On September 22, 2017, at 82 FR 44363, the Federal Register 
published our notice of proposed rulemaking (NPRM), which proposed to 
amend 14 CFR part 39 by adding an AD that would apply to Agusta S.p.A. 
Model AB139 and Model AW139 helicopters. The NPRM proposed to require 
inspecting the thickness of the TGB housing and replacing the TGB 
before

[[Page 8746]]

further flight if the thickness is less than 2.65 mm (0.104 inch). The 
proposed requirements were intended to prevent a crack in the TGB 
central housing, which could result in the failure of the tail gear 
rotor transmission and loss of helicopter control.
    The NPRM was prompted by AD No. 2016-0246, dated December 13, 2016, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union, 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 and 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we received no comments on the NPRM.

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 the EASA AD. We 
are issuing this AD because we evaluated all information provided by 
EASA and determined the unsafe condition exists and is likely to exist 
or develop on other helicopters of these same type designs and that air 
safety and the public interest require adopting the AD requirements as 
proposed.

Differences Between This 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 AD 
requires such an inspection only before reaching 7,500 hours TIS.

Related Service Information Under 1 CFR Part 51

    We reviewed Leonardo Helicopters 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.

Costs of Compliance

    We estimate that this AD affects 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 requires .5 work-
hour, and no parts are needed for a total cost of $43 per helicopter.
     Ultrasonic inspecting the thickness of the housing 
requires 2 work-hours, and no parts are needed for a total cost of $170 
per helicopter.
     Replacing the TGB housing requires 5 work-hours, and parts 
cost $11,185 for a total 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 helicopters identified in this 
rulemaking action.

Regulatory Findings

    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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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):

2018-04-11 Agusta S.p.A.: Amendment 39-19207; 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

[[Page 8747]]

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) Effective Date

    This AD becomes effective April 5, 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

    (1) For helicopters with a TGB central housing with less than 
7,500 hours time-in-service (TIS), before accumulating 7,500 hours 
TIS, measure the thickness of the central housing in accordance with 
the Compliance Instructions, Part I paragraphs 1. and 2., of 
Leonardo Helicopters 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 7,500 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, 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.

(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 
Docket No. FAA-2017-0103.

(i) Subject

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

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Leonardo Helicopters Bollettino Tecnico No. 139-274, dated 
September 14, 2016.
    (ii) Reserved.
    (3) For Leonardo Helicopters service information identified in 
this AD, 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.
    (4) You may view this service information at FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on February 16, 2018.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2018-03929 Filed 2-28-18; 8:45 am]
 BILLING CODE 4910-13-P