[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Proposed Rules]
[Pages 23827-23829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10918]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1081; Product Identifier 2017-SW-090-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 replacing the tail plane lower fitting with 
an improved tail plane lower fitting. This proposed AD is prompted by 
reports of cracks on the tail plane fittings of Model AW189 
helicopters. The actions of this proposed AD are intended to correct an 
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 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-
1081; 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

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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 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: Martin R. Crane, Aviation Safety 
Engineer, Regulations & Policy 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. 2016-0161, dated August 8, 2016, 
to correct an unsafe condition for Leonardo Helicopters (previously 
Finmeccanica S.p.A, AgustaWestand) Model AW189 helicopters. EASA 
advises that some cracks have been reported in-service on the tail 
plane fitting of AW189 helicopters following an onset of abnormal play. 
According to EASA, this condition, if not detected and corrected, could 
jeopardize structural integrity of the helicopter. EASA further advises 
that Leonardo Helicopters developed a tail plane lower fitting with an 
improved design (part number 8G0000P00511). Accordingly, EASA AD No. 
2016-0161 requires repetitive inspections of the tail plane lower 
fitting assembly until the improved tail plane lower fitting is 
installed.
    Because 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, this proposed AD specifies AgustaWestland 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

    We reviewed Leonardo Helicopters Bollettino Tecnico (BT) No. 189-
038, Revision B, dated October 13, 2016, which specifies repetitively 
inspecting the tail plane assembly for a crack.
    We also reviewed BT No. 189-070, Revision A, dated October 13, 
2016, which provides instructions for replacing the tail plane lower 
fitting with the improved tail plane lower fitting, retromodification 
part number (P/N) 8G0000P00511.

Proposed AD Requirements

    This proposed AD would require, within 50 hours time-in-service 
(TIS), replacing the tail plane fitting with tail plane 
retromodification kit P/N 8G0000P00511.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires inspecting the tail plane lower fitting for 
play within 50 flight hours and thereafter at intervals not to exceed 
25 flight hours. If a crack or other damage exists, the EASA AD 
requires the improved tail plane lower fitting be installed within 10 
flight hours. If no crack exists, the EASA AD requires that the 
improved tail plane lower fitting be installed within 200 flight hours 
or 2 months, whichever occurs first. This proposed AD would not require 
inspections and would require installing the improved tail plane lower 
fitting within 50 hours TIS.

Costs of Compliance

    We estimate that this proposed AD would affect 2 helicopters of 
U.S. Registry and that labor costs average $85 a work-hour. Based on 
these estimates, we expect that replacing the tail plane lower fitting 
with an improved tail plane lower fitting would require 64 work-hours 
and parts would cost $15,424 for a total cost of $20,864 per helicopter 
and $41,728 for the U.S. fleet.

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 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

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    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-2017-1081; Product Identifier 
2017-SW-090-AD.

(a) Applicability

    This AD applies to AgustaWestland S.p.A. Model AW189 
helicopters, certificated in any category, with a tail plane lower 
fitting P/N 8G5350A07051 installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack on a tail plane 
fitting, which could result in failure of the tail plane fitting and 
loss of helicopter control.

(c) Comments Due Date

    We must receive comments by July 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 50 hours time-in-service, install tail plane 
retromodification kit part number 8G0000P00511.

(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: 
Martin R. Crane, Aviation Safety Engineer, Regulations & Policy 
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

    (1) Leonardo Helicopters Bollettino Tecnico (BT) No. 189-038, 
Revision B, and BT No. 189-070, Revision A, both dated October 13, 
2016, which are not incorporated by reference, contain additional 
information about the subject of this AD. For service information 
identified in this AD, contact Leonardo 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.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2016-0161, dated August 8, 2016. You may 
view the EASA AD on the internet at http://www.regulations.gov in 
the AD Docket.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 5510, Horizontal 
Stabilizer Structure.

    Issued in Fort Worth, Texas, on May 15, 2018.
Scott A. Horn,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2018-10918 Filed 5-22-18; 8:45 am]
 BILLING CODE 4910-13-P