[Federal Register Volume 85, Number 121 (Tuesday, June 23, 2020)]
[Rules and Regulations]
[Pages 37551-37555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13440]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1020; Product Identifier 2019-SW-076-AD; Amendment 
39-21147; AD 2020-13-02]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Leonardo S.p.A. Model A119 and AW119 MKII helicopters. This AD 
requires inspecting for movement and the tightening torque of the tail 
rotor (T/R) plug, the installation of the outboard and inboard faces of 
the T/R duplex bearing, and the condition of the T/R plug threads, nut 
threads, and T/R duplex bearing. Depending on the inspection results, 
this AD requires removing parts from service, reassembling the T/R 
duplex assembly, and reporting information. This AD also prohibits 
installing a T/R duplex bearing unless it has been inspected. This AD 
was prompted by findings from a preliminary investigation of a Model 
AW119 MKII helicopter accident. The actions of this AD are intended to 
address an unsafe condition on these products.

DATES: This AD becomes effective July 8, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of July 8, 2020.
    The FAA must receive comments on this AD by August 7, 2020.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to https://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 https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1020; 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 Union Aviation Safety Agency (EASA) AD, any 
service information that is incorporated by reference, 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 service information identified in this final rule, contact 
Leonardo S.p.A.

[[Page 37552]]

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 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 https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1020.

FOR FURTHER INFORMATION CONTACT: David Hatfield, 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 the FAA did not provide you with notice and an opportunity 
to provide your comments prior to it becoming effective. However, the 
FAA invites you to participate in this rulemaking by submitting written 
comments, data, or views. The FAA also invites 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. The FAA will file in the docket all comments 
received, as well as a report summarizing each substantive public 
contact with FAA personnel concerning this rulemaking during the 
comment period. The FAA will consider all the comments received and may 
conduct additional rulemaking based on those comments.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA Emergency AD No. 2019-0194-E, dated 
August 9, 2019, to correct an unsafe condition for Leonardo S.p.A. 
Helicopters, formerly Finmeccanica S.p.A., AgustaWestland S.p.A., 
Agusta S.p.A.; and AgustaWestland Philadelphia Corporation, formerly 
Agusta Aerospace Corporation, Model A119 and AW119MKII helicopters with 
a serial number (S/N) up to 14966 inclusive, except S/N 14950, 14957, 
and 14961 through 14963 inclusive. According to EASA, preliminary 
investigation of a Model AW119 MKII helicopter accident identified a 
disassembled connection between the yaw control input lever and the 
rotating input shaft, partial presence of spalling on the T/R duplex 
bearing inner races, and missing plug and related lockwire. EASA states 
an investigation to determine the root cause of the occurrence is in 
progress. EASA advises that this condition, if not corrected, could 
lead to functional failure of the T/R pitch change mechanism, resulting 
in loss of control of the helicopter.
    As a precautionary measure and pending further information from the 
investigation, Leonardo S.p.A. issued Leonardo Helicopters Emergency 
Alert Service Bulletin No. 119-100, dated August 7, 2019 (EASB 119-
100), to provide inspection instructions and improved installation 
procedures for the T/R duplex bearing.
    Accordingly, the EASA AD requires inspecting the T/R pitch change 
mechanism and installation of additional locking wire. The EASA AD also 
requires repetitive inspections of the duplex bearing and, depending on 
findings, corrective actions. EASA states its AD is considered an 
interim action and further AD action may follow.

FAA's Determination

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA of the 
unsafe condition described in its AD. The FAA is issuing this AD after 
evaluating all information provided by EASA and determining the unsafe 
condition exists and is likely to exist or develop on other helicopters 
of these same type designs.

Related Service Information Under 1 CFR Part 51

    The FAA has reviewed EASB 119-100 which specifies a one-time 
inspection of the tightening torque of T/R plug part number (P/N) 129-
0160-45-103. This service information also specifies a repetitive 
inspection for correct installation of the inboard and outboard faces 
of T/R duplex bearing P/N 129-0160-11-103, for damage to the threads of 
the T/R plug and nut P/N MS17825-7, and of the T/R duplex bearing for 
roughness, ease of rotation, and presence of brinelling, spalling, 
chipping, and flaking or traces of overheating of bearing balls, and 
general damage to races.
    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.

AD Requirements

     This AD requires, within 10 hours time-in-service (TIS), 
inspecting for movement and the tightening torque of the T/R plug.
     If there is no movement and the tightening torque is at 
least 30.5 Nm, this AD requires installing lockwire before further 
flight. Thereafter, within 50 hours TIS, this AD requires inspecting 
for presence of the P/N and S/N markings of the outboard and inboard 
faces of T/R duplex bearing, inspecting the T/R duplex bearing for 
rough rotation, brinelling, spalling, chipping, flaking, evidence of 
overheated bearing balls, and damage to the races, and inspecting for 
damaged threads of the T/R plug and nut.
     If there is any movement or the tightening torque is less 
than 30.5 Nm, this AD requires inspecting for presence of the P/N and 
S/N markings of the outboard and inboard faces of T/R duplex bearing, 
inspecting the T/R duplex bearing for rough rotation, brinelling, 
spalling, chipping, flaking, evidence of overheated bearing balls, and 
damage to the races, and inspecting for damaged threads of the T/R plug 
and nut before further flight.
     If the P/N and S/N markings are visible on the outboard or 
inboard face of the T/R duplex bearing; the T/R duplex bearing has any 
rough rotation, brinelling, spalling, chipping, flaking, evidence of 
overheated bearing balls, or damage to the races; or if the nut has any 
damaged threads, this AD requires removing the T/R duplex bearing, 
internal spacer, external spacer, bearing liner assembly, and T/R 
control rod from service before further flight.
     If the T/R plug or nut has any damaged threads, this AD 
requires removing the affected part from service before further flight.
     After inspecting, this AD requires assembling and 
installing the T/R duplex assembly by following related service 
information procedures.
     This AD also requires reporting inspection results to 
Leonardo Helicopters if there is any T/R plug movement or if its 
tightening torque is not at least 30.5 Nm and any parts that must be 
removed from service.
     This AD also prohibits installing a T/R duplex bearing on 
any helicopter unless it has been inspected.

[[Page 37553]]

Differences Between This AD and the EASA AD

    The EASA AD requires repeating the inspection of the T/R duplex 
bearing installation and the condition of the T/R duplex bearing, plug 
threads, and nut threads at any installation or disassembly of the T/R 
duplex bearing, whereas this AD does not because it could be difficult 
to track. The EASA AD requires inspecting the tightening torque of the 
T/R plug in the range of 30.5-33.9 Nm, whereas this AD requires 
inspecting the tightening torque of the T/R plug to a minimum of 30.5 
Nm instead. The EASA AD requires inspecting the threads of nut P/N 
MS17825-7 for damage, but does not state what to do if the threads have 
damage. This AD requires inspecting for damage to the threads of the 
nut indicated by uneven threads, missing threads, or cross-threading, 
and if the nut has any damaged threads, removing the nut from service. 
The EASA AD also requires repeating the inspection of the T/R duplex 
bearing installation and the condition of the T/R duplex bearing, plug 
threads, and nut threads every 200 hours TIS, whereas this AD does not. 
The FAA plans to publish a notice of proposed rulemaking to give the 
public an opportunity to comment on this long-term requirement.

Interim Action

    The FAA considers this AD to be an interim action. If final action 
is later identified, the FAA might consider further rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 93 helicopters of U.S. 
Registry. Labor costs are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates that operators may incur the following 
costs in order to comply with this AD.
    Inspecting the tightening torque of the T/R plug takes about 0.5 
work-hour for an estimated cost of $43 per helicopter and $3,999 for 
the U.S. fleet.
    Inspecting for correct installation of the outboard and inboard 
faces of the T/R duplex bearing and the condition of the T/R plug 
threads, nut threads, and T/R duplex bearing takes about 2 work-hours 
for an estimated cost of $170 per helicopter.
    Assembling and installing the T/R duplex bearing assembly takes 
about 2 work-hours for an estimated cost of $170. If required, the 
parts for replacing the T/R duplex bearing, internal spacer, external 
spacer, bearing liner assembly, and T/R control rod cost about $4,200, 
and parts for replacing the T/R plug cost about $171.
    If required, reporting information takes about 1 work-hour for an 
estimated cost of $85 per instance.
    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. The FAA does not control warranty 
coverage by Leonardo Helicopters. Accordingly, the FAA has included all 
costs in this cost estimate.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C.) 
authorizes agencies to dispense with notice and comment procedures for 
rules when the agency, for ``good cause'' finds that those procedures 
are ``impracticable, unnecessary, or contrary to the public interest.'' 
Under this section, an agency, upon finding good cause, may issue a 
final rule without seeking comment prior to the rulemaking.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because there are required corrective actions that must be completed 
within 10 hours TIS and 50 hours TIS, a time period of up to 2 months 
based on the average flight-hour utilization rate of these helicopters. 
Therefore, notice and opportunity for prior public comment are 
impracticable and contrary to public interest pursuant to 5 U.S.C. 
553(b)(3)(B). In addition, for the reasons stated above, the FAA finds 
that good cause exists pursuant to 5 U.S.C. 553(d) 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.
    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 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, and
    (2) Will not affect intrastate aviation in Alaska.

[[Page 37554]]

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):

2020-13-02 Leonardo S.p.A.: Amendment 39-21147; Docket No. FAA-2019-
1020; Product Identifier 2019-SW-076-AD.

(a) Applicability

    This AD applies to Leonardo S.p.A. Model A119 and AW119 MKII 
helicopters, certificated in any category, with a tail rotor (T/R) 
duplex bearing part number (P/N) 129-0160-11-103 (T/R duplex 
bearing).

(b) Unsafe Condition

    This AD defines the unsafe condition as structural failure of 
the T/R assembly, possibly due to an incorrect installation. This 
condition could result in loss of T/R pitch change control and 
subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective July 8, 2020.

(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) Within 10 hours time-in-service (TIS), remove the lockwire 
that secures the T/R plug P/N 129-0160-45-103 (T/R plug) to the 
bearing liner assembly P/N 109-0135-16-101 (bearing liner assembly). 
Without loosening the T/R plug first, inspect the tightening torque 
of the T/R plug by increasing the torque up to 30.5 Nm and inspect 
for any movement the moment torque is applied.
    (i) If there is no movement and the tightening torque is at 
least 30.5 Nm, before further flight, install lockwire by following 
the Accomplishment Instructions, part I, paragraph 4, of Leonardo 
Helicopters Emergency Alert Service Bulletin No. 119-100, dated 
August 7, 2019 (EASB 119-100).
    (ii) If there is any movement or the tightening torque is less 
than 30.5 Nm, before further flight, comply with paragraph (e)(2) of 
this AD.
    (2) Within 50 hours TIS, unless required before further flight 
by paragraph (e)(1)(ii) of this AD, inspect to determine whether the 
P/N and serial number (S/N) are visible on the outboard and inboard 
faces of the T/R duplex bearing by following the Accomplishment 
Instructions, part II, paragraphs 4 through 13 (except paragraphs 
9.1, 13.1, and 13.2), of EASB 119-100. Instead of the excluded 
steps, do the following:
    Note 1 to paragraph (e)(2) of this AD: You are not required to 
discard parts and you may use equivalent tooling to that identified 
in EASB 119-100.
    (i) If the P/N and S/N markings are visible on the outboard or 
inboard face of the T/R duplex bearing, before further flight, 
remove from service the T/R duplex bearing, internal spacer P/N 129-
0160-43-101 (internal spacer), external spacer P/N 129-0160-44-101 
(external spacer), bearing liner assembly, and T/R control rod P/N 
109-0135-02-101 (T/R control rod).
    (ii) If the P/N and S/N markings are not visible on the inboard 
face of the T/R duplex bearing, before further flight, inspect the 
T/R duplex bearing, T/R plug, and nut by following the 
Accomplishment Instructions, part II, paragraphs 14 and 15 (but not 
paragraphs 15.1 through 15.2), of EASB 119-100. For purposes of this 
inspection, damage to the races may be indicated by non-movement of 
the inner race, movement of the outer race, deformation, roughness, 
or incorrect installation; and damage to the threads of the T/R plug 
and nut may be indicated by uneven threads, missing threads, or 
cross-threading.
    (A) If the T/R duplex bearing has any rough rotation, 
brinelling, spalling, chipping, flaking, evidence of overheated 
bearing balls, or damage to the races, before further flight, remove 
from service the T/R duplex bearing, the internal spacer, the 
external spacer, the bearing liner assembly, and the T/R control 
rod.
    (B) If the T/R plug or nut has any damaged threads, before 
further flight, remove from service the affected part.
    (C) Reassemble the T/R duplex bearing assembly by following the 
Accomplishment Instructions, part II, paragraphs 16 through 31, of 
EASB 119-100.
    (3) If the T/R plug had any movement or its tightening torque 
was not at least 30.5 Nm in paragraph (e)(1)(ii) of this AD or if 
any parts were required to be removed as a result of the inspections 
required by paragraph (e)(2) of this AD, within 10 days after 
completing the inspection, report the information in Appendix 1 to 
this AD by email to [email protected].
    (4) As of the effective date of this AD, do not install a T/R 
duplex bearing P/N 129-0160-11-103 on any helicopter unless you have 
complied with the requirements in paragraph (e)(2) of this AD.

(f) Special Flight Permits

    Special flight permits are prohibited.

(g) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction Act unless that 
collection of information displays a currently valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 1 hour per response, including the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and 
reviewing the collection of information. All responses to this 
collection of information are mandatory. Send comments regarding 
this burden estimate or any other aspect of this collection of 
information, including suggestions for reducing this burden to: 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

(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: 
David Hatfield, 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 sunder 14 CFR part 91, subpart K, the FAA suggests 
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.

(i) Additional Information

    The subject of this AD is addressed in European Union Aviation 
Safety Agency (EASA) Emergency AD No. 2019-0194-E, dated August 9, 
2019. You may view the EASA AD on the Internet at https://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2019-1020.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 6400, Tail Rotor 
System.

(k) 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 Emergency Alert Service Bulletin No. 
119-100, dated August 7, 2019.
    (ii) [Reserved]
    (3) For Leonardo Helicopters 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.

[[Page 37555]]

    (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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Appendix 1 to AD 2020-13-02

    Report the following information by email to 
[email protected]. (Leonardo Helicopters Emergency 
Alert Service Bulletin No. 119-100, dated August 7, 2019.)
    (1) Date of Inspection:
    (2) Helicopter Model and Serial Number:
    (3) Total hours time-in-service (TIS) on the aircraft:
    (4) Total hours TIS on the T/R duplex bearing:
    (5) Total hours TIS since last overhaul of the T/R gearbox 
assembly:
    (6) Describe in detail any information and findings and, if 
possible, provide photos.

    Issued on June 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-13440 Filed 6-22-20; 8:45 am]
BILLING CODE 4910-13-P