[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Rules and Regulations]
[Pages 47815-47817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20107]


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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; Amendment 
39-19408; AD 2018-19-08]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.A. (Type Certificate 
Previously Held by Finmeccanica S.p.A., AgustaWestland 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 
Leonardo S.p.A. (Leonardo) Model AW189 helicopters. This AD requires 
inspecting the tail gearbox (TGB) fitting for a crack. This AD was 
prompted by a report of a crack on a TGB fitting that was found during 
a scheduled inspection. The actions of this AD are intended to prevent 
an unsafe condition on these products.

DATES: This AD is effective October 26, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of October 26, 
2018.

ADDRESSES: 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. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0619.

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 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, 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 February 21, 2018, at 83 FR 7423, 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 AgustaWestland S.p.A 
(now Leonardo) Model AW189 helicopters with tail assembly part number 
(P/N) 8G5350A00131 installed. The NPRM proposed to require inspecting 
the TGB fitting for a crack. The proposed requirements were intended to 
detect a crack on a TGB fitting, which could reduce the tail assembly's 
ability to sustain loads from the TGB and the tail rotor and result in 
loss of helicopter control.
    The NPRM was prompted by AD No. 2016-0177, dated September 8, 2016, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union, to correct an unsafe condition for Leonardo 
(formerly Finmeccanica S.p.A. and AgustaWestland S.p.A.) Model AW189 
helicopters with a tail assembly 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.
    After the NPRM was published, the FAA updated AgustaWestland 
S.p.A's (AgustaWestland) name to Finmeccanica S.p.A. and then to 
Leonardo on its FAA type certificate. This name change is reflected in 
this AD.

[[Page 47816]]

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the NPRM and 
the FAA's response.
    One commenter requested that the AD also require an inspection of 
the tail rotor, tail boom, and rotor mast. The commenter does not 
provide any technical support for this request.
    We disagree. The actions requested by the commenter are not 
necessary to correct the unsafe condition. We have made no changes to 
the rule portion of this AD.

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.

Interim Action

    We consider this 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.

Differences Between This 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, and 
this AD does not.

Related Service Information Under 1 CFR Part 51

    Leonardo 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.

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 requires 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 requires 48 work-hours and parts 
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 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):

2018-19-08 Leonardo S.p.A. (Type Certificate Previously Held by 
Finmeccanica S.p.A., AgustaWestland S.p.A.) Helicopters: Amendment 
39-19408; Docket No. FAA-2017-0619; Product Identifier 2016-SW-093-
AD.

(a) Applicability

    This AD applies to Leonardo S.p.A. (Type Certificate Previously 
Held by Finmeccanica S.p.A., 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) Effective Date

    This AD becomes effective October 26, 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 
Bollettino Tecnico No. 189-114, dated September 6, 2016. If there is 
a crack, replace the TGB fitting before further flight.

[[Page 47817]]

(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.

(i) 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. 189-114, dated 
September 6, 2016.
    (ii) Reserved.
    (3) 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.
    (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 September 6, 2018.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2018-20107 Filed 9-20-18; 8:45 am]
 BILLING CODE 4910-13-P