[Federal Register Volume 85, Number 173 (Friday, September 4, 2020)]
[Rules and Regulations]
[Pages 55171-55174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19533]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0784; Product Identifier 2016-SW-087-AD; Amendment 
39-21240; AD 2020-18-19]
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 superseding Airworthiness Directive (AD) 2014-12-07 
for Agusta S.p.A (Agusta) Model AB412 and AB412EP helicopters. AD 2014-
12-07 requires inspecting the rotor brake pinion (pinion) for a crack 
and replacing it if there is a crack. This AD retains the requirements 
of AD 2014-12-07 and also requires removing

[[Page 55172]]

certain serial-numbered pinions from service. This AD was prompted by a 
report of an additional cracked pinion. The actions of this AD are 
intended to address an unsafe condition on these products.

DATES: This AD becomes effective September 21, 2020.
    The FAA must receive comments on this AD by October 19, 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-2020-
0784; or in person at the Docket Operations Office 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 (now European 
Union Aviation Safety Agency) (EASA) AD, any comments received, and 
other information. The street address for Docket Operations is listed 
above.
    For service information identified in this final rule, 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 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, AD Program Manager, 
Continued Operational Safety Branch, Airworthiness Products Section, 
General Aviation and Rotorcraft Unit, 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 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. Except for Confidential Business 
Information (CBI) as described in the following paragraph, and other 
information as described in 14 CFR 11.35, 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.

Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), 
CBI is exempt from public disclosure. If your comments responsive to 
this final rule contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this final rule, it is important that 
you clearly designate the submitted comments as CBI. Please mark each 
page of your submission containing CBI as ``PROPIN.'' The FAA will 
treat such marked submissions as confidential under the FOIA, and they 
will not be placed in the public docket of this final rule. Submissions 
containing CBI should be sent to Matt Fuller, AD Program Manager, 
Continued Operational Safety Branch, Airworthiness Products Section, 
General Aviation and Rotorcraft Unit, 10101 Hillwood Pkwy., Fort Worth, 
TX 76177; telephone 817-222-5110; email [email protected]. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Discussion

    The FAA issued AD 2014-12-07 (79 FR 35035, June 19, 2014) (``2014-
12-07''), for Agusta Model AB412 and AB412EP helicopters with a pinion 
part number (P/N) 412-040-301-101 installed. AD 2014-12-07 requires 
within 100 hours time-in-service (TIS), magnetic particle inspecting 
each pinion for a crack and replacing the pinion if there is a crack. 
AD 2014-12-07 was prompted by EASA AD No. 2013-0187, dated August 16, 
2013 (EASA AD 2013-0187), issued by EASA, which is the Technical Agent 
for the Member States of the European Union. EASA advised of a report 
of a cracked pinion installed in the rotor brake quill that was 
discovered during a magnetic particle inspection (MPI). EASA further 
stated the crack was caused by residual stress generated during the 
manufacturing process. According to EASA, if not corrected, this 
condition could result in failure of the pinion with detachment of 
parts inside the transmission that could cause its malfunction or 
jamming, ultimately resulting in loss of control of the helicopter. To 
correct this unsafe condition, EASA AD 2013-0187 required an MPI of the 
pinion, and if there is a crack, replacing the pinion.

Actions Since AD 2014-12-07 Was Issued

    Since the FAA issued AD 2014-12-07, EASA issued AD No. 2016-0244, 
dated December 14, 2016 (EASA AD 2016-0244), which supersedes EASA AD 
2013-0187. EASA advises of another cracked pinion due to a defect 
generated during the manufacturing process. Accordingly, EASA AD 2016-
0244 retains the MPI requirements of EASA AD 2013-0187 and requires 
inspecting the helicopter within three months to determine if certain 
serial-numbered pinions from the defective manufacturing batch are 
installed and removing any affected pinions before further flight.
    Also, since the FAA issued AD 2014-12-07, Agusta changed its name 
to Leonardo S.p.a. This AD reflects that change and updates the contact 
information to obtain service documentation.

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 about the 
unsafe condition described in its AD. The FAA is issuing this AD after 
evaluating all known

[[Page 55173]]

relevant information and determining that an unsafe condition is likely 
to exist or develop on other helicopters of the same type design.

Related Service Information

    The FAA reviewed Leonardo Helicopters Bollettino Tecnico (BT) No. 
412-147, dated September 12, 2016, which specifies identifying the 
serial numbers of the pinion, P/N 412-040-301-101, and removing certain 
pinions from service.
    The FAA also reviewed AgustaWestland BT No. 412-135, Revision A, 
dated July 29, 2013, which describes procedures for a one-time MPI of 
pinion P/N 412-040-301-101.

AD Requirements

    This AD requires, within 75 hours TIS, removing from service pinion 
P/N 412-040-301-101 having serial number (S/N) C17987, C17990, or 
C17991. This AD also requires, within 100 hours TIS, performing an MPI 
for a crack on each pinion P/N 412-040-301-101 if the rotor brake quill 
has never been overhauled. If there is a crack, this AD requires, 
before further flight, removing the pinion from service. Finally, this 
AD prohibits installing pinion P/N 412-040-301-101 having S/N C17987, 
C17990, or C17991 on any helicopter.

Differences Between This AD and the EASA AD

    The EASA AD requires removing from service certain pinions within 3 
months; this AD requires removing these pinions within 75 hours TIS. 
The EASA AD also requires the MPI to be performed within 100 flight 
hours or 5 months, whichever occurs first; this AD requires compliance 
within 100 hours TIS. The EASA AD only prohibits installing pinion P/N 
412-040-301-101 having serial number S/N C17987 or C17991, whereas this 
AD prohibits installing pinion P/N 412-040-301-101 having S/N C17987, 
C17990, or C17991.

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 the FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    There are no costs of compliance with this AD because there are no 
helicopters with this type certificate on the U.S. Registry.

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.
    There are no helicopters with this type certificate on the U.S. 
Registry. Therefore, the FAA finds good cause that notice and 
opportunity for prior public comment are unnecessary 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

    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, and
    2. Will not affect intrastate aviation in Alaska.

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:
0
a. Removing Airworthiness Directive (AD) 2014-12-07, Amendment 39-17868 
(79 FR 35035, June 19, 2014); and
0
b. Adding the following new AD:

2020-18-19 Leonardo S.p.a.: Amendment 39-21240; Docket No. FAA-2020-
0784; Product Identifier 2016-SW-087-AD.

(a) Applicability

    This AD applies to Leonardo S.p.a. Model AB412 and AB412EP 
helicopters, certificated in any category, with a rotor brake pinion 
(pinion) part number (P/N) 412-040-301-101 installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a pinion. 
This condition could result in failure of a pinion, detachment of 
parts inside the transmission causing a malfunction or jamming, and 
subsequent loss of control of the helicopter.

(c) Affected ADs

    This AD supersedes AD 2014-12-07, Amendment 39-17868 (79 FR 
35035, June 19, 2014).

(d) Effective Date

    This AD becomes effective September 21, 2020.

(e) 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.

(f) Required Actions

    (1) Within 75 hours time-in-service (TIS), remove from service:
    (i) Pinion P/N 412-040-301-101 with serial number C17987;
    (ii) Pinion P/N 412-040-301-101 with serial number C17990; and
    (iii) Pinion P/N 412-040-301-101 with serial number C17991.
    (2) Within 100 hours TIS, if the rotor brake quill has never 
been overhauled, perform a magnetic particle inspection on each 
pinion for a crack. If there is a crack, before further flight, 
remove the pinion from service.
    (3) As of the effective date of this AD, do not install pinion 
P/N 412-040-301-101

[[Page 55174]]

with serial number C17987, C17990, or C17991 on any helicopter.

(g) Special Flight Permits

    Special flight permits are prohibited.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Standards Branch, FAA, may approve 
AMOCs for this AD. Send your proposal to: Matt Fuller, AD Program 
Manager, Continued Operational Safety Branch, Airworthiness Products 
Section, General Aviation and Rotorcraft Unit, 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.

(i) Additional Information

    (1) Leonardo Helicopters Bollettino Tecnico (BT) No. 412-147, 
dated September 12, 2016, and AgustaWestland BT No. 412-135, 
Revision A, dated July 29, 2013, 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, 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 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 (now European Union Aviation Safety Agency) (EASA) No. 
AD 2016-0244, dated December 14, 2016. You may view the EASA AD on 
the internet at https://www.regulations.gov by searching for and 
locating it in Docket No. FAA-2020-0784.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 6321, Main Rotor 
Brake.

    Issued on August 31, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-19533 Filed 9-3-20; 8:45 am]
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