[Federal Register Volume 85, Number 56 (Monday, March 23, 2020)]
[Proposed Rules]
[Pages 16281-16284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05851]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0204; Product Identifier 2018-SW-082-AD]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.A (Type Certificate 
Previously Held by Agusta S.p.A) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2018-07-08, which applies to certain Leonardo S.p.A (type certificate 
previously held by Agusta S.p.A) Model A109E, A109K2, A109S, AW109SP, 
A119, and AW119 MKII helicopters. AD 2018-07-08 requires reducing the 
life limit of the tail rotor blade retention bolt and an inspection of 
that bolt for cracking, and replacement of any cracked bolt. Since 
issuing AD 2018-07-08, the FAA has determined that repetitive 
inspections of the tail rotor blade retention bolt are needed to 
address the unsafe condition. This proposed AD would continue to 
require reducing the life limit of the tail rotor blade retention bolt, 
inspecting that bolt for cracking, and replacing any cracked bolt. In 
addition, this proposed AD would require repetitive inspections of the 
tail rotor blade retention bolt for cracking. The FAA is proposing this 
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 7, 
2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Leonardo 
S.p.A. Helicopters, Emanuele Bufano, Head of Airworthiness, Viale 
G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone +39-0331-
225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home. You may view this service information at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, 
Fort Worth, TX 76177. For information about the availability of this 
material at the FAA, call (817) 222-5110.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0204; 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 Union Aviation Safety Agency (previously 
European Aviation Safety Agency) (EASA) AD, any comments received, and 
other information. The street address for Docket Operations is listed 
above. Comments will be available in the AD docket shortly after 
receipt.

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) 222-5161; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2020-0204; 
Product Identifier 2018-SW-082-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all

[[Page 16282]]

comments received by the closing date and may amend this NPRM because 
of those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA Emergency AD, 2016-0173-E, dated August 
24, 2016 (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Leonardo S.p.A. Model A109E, A109K2, A109LUH, A109S, 
A119, AW109SP and AW119 MKII helicopters.
    EASA advises that a crack was found in a tail rotor blade retention 
bolt having part number (P/N) 709-0160-57-101, during a preflight 
inspection of a Model A109E helicopter. Tail rotor blade retention 
bolts having that part number are also installed on Model A109K2, 
A109LUH, A109S, A119, AW109SP, and AW119 MKII helicopters. A subsequent 
investigation did not identify the cause of the crack. EASA also 
advises cracked tail rotor blade retention bolts, if not detected and 
corrected, could lead to failure of the tail rotor, possibly resulting 
in loss of control of the helicopter. As a precautionary measure, 
pending the completion of the investigation and to address the unsafe 
condition, the MCAI requires reducing the life limit of these tail 
rotor blade retention bolts and repetitively inspecting the bolts. The 
MCAI is considered an interim action and further AD action may follow.
    The FAA issued AD 2018-07-08, Amendment 39-19239 (83 FR 15495, 
April 11, 2018) (``AD 2018-07-08''), for certain Model A109E, A109K2, 
A109S, AW109SP, A119, and AW119 MKII helicopters. AD 2018-07-08 
requires reducing the life limit of and inspecting the tail rotor blade 
retention bolts. AD 2018-07-08 resulted from the discovery of a cracked 
tail rotor blade retention bolt. The FAA issued AD 2018-07-08 to 
address failure of the tail rotor, possibly resulting in loss of 
control of the helicopter. AD 2018-07-08 did not require repetitive 
inspections of the tail rotor blade retention bolts at intervals not to 
exceed 200 flight hours as specified in the MCAI, as this time interval 
would allow for sufficient time for notice and comment.

Actions Since AD 2018-07-08 Was Issued

    Since the FAA issued AD 2018-07-08, the FAA determined that 
repetitive inspections of the tail rotor blade retention bolts are 
needed to address the unsafe condition.
    Also, since the FAA issued AD 2018-07-08, Agusta S.p.A changed its 
name to Leonardo S.p.A. This proposed AD reflects that change and 
updates the contact information to obtain service documentation.
    You may examine the MCAI in the AD docket on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0204.

Related Service Information Under 1 CFR Part 51

    This proposed AD would require the following service information, 
which the Director of the Federal Register approved for incorporation 
by reference as of April 26, 2018 (83 FR 15495, April 11, 2018).
     Leonardo Helicopters Mandatory Bollettino Tecnico No. 
109EP-149, dated August 19, 2016.
     Leonardo Helicopters Mandatory Bollettino Tecnico No. 
109K-72, dated August 19, 2016.
     Leonardo Helicopters Mandatory Bollettino Tecnico No. 
109S-072, dated August 19, 2016.
     Leonardo Helicopters Mandatory Bollettino Tecnico No. 
109SP-105, dated August 19, 2016.
     Leonardo Helicopters Mandatory Bollettino Tecnico No. 119-
080, dated August 19, 2016.
    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.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
after evaluating all the relevant information and determining the 
unsafe condition described previously is likely to exist or develop on 
other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information described previously, except as discussed 
under ``Differences Between this Proposed AD and the MCAI or Service 
Information.''

Differences Between This Proposed AD and the MCAI or Service 
Information

    The MCAI does not specify life limits for a tail rotor blade 
retention bolt having P/N 709-0160-57-101 that has been interchanged 
between model helicopter installations, while this proposed AD does.
    The MCAI applies to Model A109LUH helicopters. Model A109LUH 
helicopters are not certified by the FAA and are not included on the 
U.S. type certificate data sheet; this AD therefore does not include 
those helicopters in the applicability.

Interim Action

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

Costs of Compliance

    The FAA estimates that this proposed AD affects 219 helicopters of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2018-07-08...  4 work-hours x $85 per                $0            $340         $74,460
                                         hour = $340.
New proposed actions..................  4 work-hours x $85 per                 0             340          74,460
                                         hour = $340.
----------------------------------------------------------------------------------------------------------------


[[Page 16283]]


                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
               Labor cost                   Parts cost        product
------------------------------------------------------------------------
2 work-hour x $85 per hour = $170.......            $500            $670
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. The FAA does not control warranty 
coverage for affected individuals. As a result, the FAA has included 
all known costs in the 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.
    The FAA is 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

    The FAA 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 above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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.

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 removing Airworthiness Directive (AD) 
2018-07-08, Amendment 39-19239 (83 FR 15495, April 11, 2018), and 
adding the following new AD:

Leonardo S.p.A. (type certificate previously held by Agusta S.p.A.): 
Docket No. FAA-2020-0204; Product Identifier 2018-SW-082-AD.

(a) Comments Due Date

    The FAA must receive comments by May 7, 2020.

(b) Affected ADs

    This AD replaces AD 2018-07-08, Amendment 39-19239 (83 FR 15495, 
April 11, 2018) (``AD 2018-07-08'').

(c) Applicability

    This AD applies to Leonardo S.p.A. (type certificate previously 
held by Agusta S.p.A.) Model A109E, A109K2, A109S, AW109SP, A119, 
and AW119 MKII helicopters, certificated in any category, with a 
tail rotor blade retention bolt (bolt) having part number (P/N) 709-
0160-57-101 installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code 6500, Tail Rotor 
Drive System.

(e) Reason

    This AD was prompted by the discovery of a cracked bolt, and a 
determination that repetitive inspections of the bolt are needed to 
address the unsafe condition. The FAA is issuing this AD to address 
cracked bolts, which could result in failure of the tail rotor and 
loss of control of the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) Before further flight:
    (i) For Model A109E and A109K2 helicopters, remove from service 
any bolt having P/N 709-0160-57-101 that has 800 or more hours time-
in-service (TIS). If the hours TIS is unknown, remove the bolt from 
service. Thereafter, remove from service any bolt having P/N 709-
0160-57-101 before accumulating 800 hours TIS.
    (ii) For Model A109S, AW109SP, A119, and AW119 MKII helicopters, 
remove from service any bolt having P/N 709-0160-57-101 that has 
3,200 or more landings. If the number of landings is unknown, remove 
the bolt from service. Thereafter, remove from service any bolt 
having P/N 709-0160-57-101 before accumulating 3,200 landings. For 
purposes of this AD, a landing is counted anytime a helicopter lifts 
off into the air and then lands again regardless of the duration of 
the landing and regardless of whether the engine is shutdown.
    (iii) Remove from service any bolt having P/N 709-0160-57-101 
that has been interchanged between different model helicopters 
listed in paragraphs (g)(1)(i) and (ii) of this AD that has 800 or 
more hours TIS or 3,200 or more landings. If the hours TIS or number 
of landings is unknown, remove the bolt from service. Thereafter, 
remove from service any bolt having P/N 709-0160-57-101 that has 
been interchanged between different model helicopters listed in 
paragraphs (g)(1)(i) and (ii) of this AD before accumulating 800 
hours TIS or 3,200 landings, whichever occurs first.
    (2) Within 25 hours TIS after the effective date of this AD, and 
thereafter at intervals not to exceed 200 hours TIS, remove each 
bolt having P/N 709-0160-57-101. Prior to cleaning, using a 10X or 
higher power magnifying glass, inspect each bolt having P/N 709-
0160-57-101 for any crack in the area depicted in Figure 1 of 
Leonardo Helicopters Mandatory Bollettino Tecnico No. 109EP-149, 
109K-72, 109S-072, 109SP-105, or 119-080, all dated August 19, 2016, 
as applicable to your model helicopter.
    (i) If there is any crack, replace the bolt with an airworthy 
bolt before further flight.
    (ii) If there are no cracks, before further flight, clean and 
degrease the inspection area of the bolt with solvent, and using a 
10X or higher power magnifying glass, inspect each bolt having P/N 
709-0160-57-101 for any crack in the area depicted in Figure 1 of 
Leonardo Helicopters Mandatory Bollettino Tecnico No. 109EP-149, 
109K-72, 109S-072, 109SP-105, or 119-080, all dated August 19, 2016, 
as applicable to your model helicopter. If there is any crack, 
replace the bolt with an airworthy bolt before further flight.
    (3) As of the effective date of this AD, installation of a bolt 
having P/N 709-0160-57-101 is allowed, provided that the bolt has 
passed an inspection as required by paragraph (g)(2) of this AD.

[[Page 16284]]

(h) 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, Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5161; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, 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.

(i) Related Information

    (1) The subject of this AD is addressed in European Union 
Aviation Safety Agency (previously European Aviation Safety Agency) 
(EASA) Emergency AD 2016-0173-E, dated August 24, 2016. This EASA AD 
may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket FAA-2020-
0204.
    (2) For service information identified in this AD, contact 
Leonardo S.p.A. Helicopters, Emanuele Bufano, Head of Airworthiness, 
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone 
+39-0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home. You may view this service 
information at the 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.

    Issued on March 16, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-05851 Filed 3-20-20; 8:45 am]
 BILLING CODE 4910-13-P