[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Rules and Regulations]
[Pages 23791-23794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10922]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0238; Product Identifier 2018-SW-018-AD; Amendment 
39-19265; AD 2018-06-51]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are publishing a new airworthiness directive (AD) for 
Agusta S.p.A. Model A109A, A109A II, A109C, A109E, A109K2, A109S, A119, 
AW109SP, and AW119 MKII helicopters. This AD requires removing a 
certain swashplate support (support) from service. This AD is prompted 
by an error in a parts catalog incorrectly identifying the support as 
approved for installation on Model AW109SP helicopters. We are issuing 
this AD to address the unsafe condition on these products.

DATES: This AD becomes effective June 7, 2018 to all persons except 
those persons to whom it was made immediately effective by Emergency AD 
2018-06-51, issued on March 19, 2018, which contains the requirements 
of this AD.
    We must receive comments on this 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-2018-
0238; 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

[[Page 23792]]

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 final 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: 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

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments prior to it becoming effective. However, 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 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. 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 rulemaking during the 
comment period. We will consider all the comments we receive and may 
conduct additional rulemaking based on those comments.

Discussion

    On March 19, 2018, we issued Emergency AD 2018-06-51 to address an 
unsafe condition on Agusta S.p.A. Model A109A, A109A II, A109C, A109E, 
A109K2, A109S, A119, AW109SP, and AW119 MKII helicopters with a support 
part number (P/N) 109-0110-05-101 installed. Emergency AD 2018-06-51 
was sent previously to all known U.S. owners and operators of these 
helicopters. Emergency AD 2018-06-51 requires removing the supports 
from service and re-identifying spherical sleeve assembly (sleeve) P/N 
109-0134-02-103.
    Emergency AD 2018-06-51 was prompted by an error in a parts catalog 
that incorrectly identifies support P/N 109-0110-05-101 as approved for 
installation on Model AW109SP helicopters. Support P/N 109-0110-05-101 
is made of aluminum alloy and is approved for installation on Model 
A109A, A109A II, A109C, A109E, A109K2, A109S, A119, and AW119 MKII 
helicopters, but is not approved for installation on Model AW109SP 
helicopters. The approved support for Model AW109SP helicopters is made 
of steel. This condition, if not corrected, could result in failure of 
the support and subsequent loss of control of the helicopter.
    EASA, which is the Technical Agent for the Member States of the 
European Union, issued AD No. No. 2018-0053-E, dated March 8, 2018, to 
correct an unsafe condition for Leonardo S.p.A. Helicopters (previously 
Agusta S.p.A.) Model AW109SP helicopters. The EASA AD advises that 
support P/N 109-0110-05-101, which is not eligible for installation on 
Model AW109SP helicopters, was erroneously listed in the Model AW109SP 
parts catalog. EASA states that this may have led to inadvertent 
installations of the support in service on a Model AW109SP helicopter. 
The EASA AD requires replacing the support and re-identifying the P/N 
on the identification plate of the sleeve if the P/N is not P/N 109-
0134-02-105. Sleeve P/N 109-0134-02-105 is composed of the steel 
support. The EASA AD also prohibits installing the support on any Model 
AW109SP helicopter. EASA states that its AD actions are intended to 
prevent failure of the support, which could result in loss of control 
of the helicopter.
    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 the EASA AD. We 
are issuing this AD because we evaluated all the 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.

Related Service Information

    We reviewed Leonardo Helicopters Emergency Alert Service Bulletin 
No. 109SP-119, dated March 7, 2018. This service information specifies 
replacing support P/N 109-0110-05-101 with support P/N 109-0134-29-101. 
This service information also specifies inspecting the sleeve 
identification plate and depending on the findings, replacing and re-
identifying the identification plate.

AD Requirements

    This AD requires removing support P/N 109-0110-05-101 from service 
that is or has been installed on a Model AW109SP helicopter. If sleeve 
P/N 109-0134-02-103 is installed, this AD requires re-identifying the 
P/N of the sleeve on Model AW109SP helicopters. This AD also prohibits 
installing support P/N 109-0110-05-101 on any Model AW109SP helicopter.

Differences Between This AD and the EASA AD

    This AD requires removing a support installed on a Model AW109SP 
helicopter from service before further flight, while the compliance 
time in the EASA AD depends on the flight hours of the support. This AD 
applies to Model A109A, A109A II, A109C, A109E, A109K2, A109S, A119, 
and AW119 MKII helicopters and requires removing the support installed 
on these models from service if previously installed on a Model AW109SP 
helicopter. The EASA AD does not apply to these models or contain this 
requirement for supports previously installed on a Model AW109SP 
helicopter.

Costs of Compliance

    We estimate that this AD affects 266 helicopters of U.S. Registry. 
We estimate that operators may incur the following costs in order to 
comply with this AD. Labor costs are estimated at $85 per work-hour.
    Replacing a support takes about 10 work-hours and parts cost about 
$6,288 for an estimated cost of $7,138 per helicopter. Re-identifying a 
sleeve identification plate takes about 0.5 work-hour and the parts 
cost is minimal for an estimated cost of $43 per helicopter.

[[Page 23793]]

    According to Leonardo Helicopter's 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.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that required the immediate adoption of 
Emergency AD 2018-06-51, issued on March 19, 2018, to all known U.S. 
owners and operators of these helicopters. The FAA found that the risk 
to the flying public justified waiving notice and comment prior to 
adoption of this rule because the required corrective actions must be 
accomplished before further flight or within 5 hours time-in-service, 
depending on the model helicopter. These conditions still exist and the 
AD is hereby published in the Federal Register as an amendment to 
section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to 
make it effective to all persons. Therefore, we find good cause that 
notice and opportunity for prior public comment are impracticable. In 
addition, for the reason stated above, we find that good cause exists 
for making this amendment effective in less than 30 days.

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 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, 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):

2018-06-51 Agusta S.p.A.: Amendment 39-19265; Docket No. FAA-2018-
0238; Product Identifier 2018-SW-018-AD.

(a) Applicability

    This AD applies to Model A109A, A109A II, A109C, A109E, A109K2, 
A109S, A119, AW109SP, and AW119 MKII helicopters, certificated in 
any category, with a swashplate support (support) part number (P/N) 
109-0110-05-101 installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as installation of a 
support that does not meet type design. This condition could result 
in failure of a support and subsequent loss of control of the 
helicopter.

(c) Effective Date

    This AD becomes effective June 7, 2018 to all persons except 
those persons to whom it was made immediately effective by Emergency 
AD 2018-06-51, issued on March 19, 2018, which contains the 
requirements of this AD.

(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 Model AW109SP helicopters, before further flight:
    (i) Remove the support from service.
    (ii) If spherical sleeve assembly (sleeve) P/N 109-0134-02-103 
is installed, re-identify the sleeve by permanently changing the P/N 
on the identification plate to P/N 109-0134-02-105.
    (2) For Model A109A, A109A II, A109C, A109E, A109K2, A109S, 
A119, and AW119 MKII helicopters, within 5 hours time-in-service, 
remove support P/N 109-0110-05-101 from service if it has ever been 
installed on a Model AW109SP helicopter.
    (3) After the effective date of this AD, do not install support 
P/N 109-0110-05-101 on any Model AW109SP helicopter.

(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

    (1) Leonardo Helicopters Emergency Alert Service Bulletin No. 
109SP-119, dated March 7, 2018, which is not incorporated by 
reference, contains 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 a copy of the 
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. 2018-0053-E, dated March 8, 2018. You 
may view the EASA AD on the internet at http://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2018-0238.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6230, Main Rotor 
Mast/Swashplate.


[[Page 23794]]


    Issued in Fort Worth, Texas, on May 11, 2018.
Scott A. Horn,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2018-10922 Filed 5-22-18; 8:45 am]
 BILLING CODE 4910-13-P