[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Proposed Rules]
[Pages 73432-73436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25322]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1026; Project Identifier MCAI-2020-00745-R]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2020-13-02, which applies to certain Leonardo S.p.A. Model A119 and 
AW119 MKII helicopters. AD 2020-13-02 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 duplex bearing, T/R plug threads, 
and nut threads. Depending on the inspection results, AD 2020-13-02 
requires corrective actions and reporting information. Since the FAA 
issued AD 2020-13-02, Leonardo S.p.a. issued updated service 
information. This proposed AD would retain the requirements of AD 2020-
13-02 except the reporting requirement, update the service information, 
and require repeating the inspection. The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this AD by January 4, 2021.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the

[[Page 73433]]

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-
1026; 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 (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 service information identified in this proposed 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: 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

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2020-1026; Product Identifier 
MCAI-2020-00745-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    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 post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposal.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent 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]. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2020-13-02, Amendment 39-21147 (85 FR 37551, June 
23, 2020) (AD 2020-13-02), for Leonardo S.p.A. (Leonardo) Model A119 
and AW119 MKII helicopters with a T/R duplex bearing part number (P/N) 
129-0160-11-103 installed. AD 2020-13-02 was prompted by EASA Emergency 
AD No. 2019-0194-E, dated August 9, 2019 (EASA AD 2019-0194-E), which 
stated that 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 advised 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. EASA considered EASA AD 2019-
0194-E an interim action and stated further AD action may follow.
    AD 2020-13-02 requires inspecting the T/R plug for movement and its 
tightening torque measurement, inspecting the installation of the 
outboard and inboard faces of the T/R duplex bearing, and inspecting 
the condition of the T/R duplex bearing, T/R plug threads, and nut 
threads. Depending on inspection results, AD 2020-13-02 requires 
removing the affected parts from service and reporting the inspection 
findings to Leonardo. For some of these actions, AD 2020-13-02 requires 
following the procedures in Leonardo Helicopters Emergency Alert 
Service Bulletin (EASB) No. 119-100, dated August 7, 2019 (EASB 119-
100). AD 2020-13-02 also prohibits installing a T/R duplex bearing 
unless it had been inspected. The FAA issued AD 2020-13-02 to prevent 
structural failure of the T/R assembly, loss of T/R pitch change 
control, and subsequent loss of control of the helicopter.

Actions Since AD 2020-13-02 Was Issued

    Since the FAA issued AD 2020-13-02, EASA has issued EASA AD No. 
2020-0128, dated June 4, 2020 (EASA AD 2020-0128), to supersede EASA AD 
2019-0194-E. EASA advises that Leonardo has determined that additional 
serial-numbered helicopters are affected by the unsafe condition. EASA 
also advises that Leonardo canceled EASB 119-100 and instead included 
the repetitive inspections in the maintenance manual (MM). Accordingly, 
EASA AD 2020-0128 partially retains the requirements of EASA AD 2019-
0194-E and expands the applicability.
    In addition, Leonardo replaced EASB 119-100 with EASB No. 119-105, 
currently at Revision A, dated June 3, 2020 (EASB 119-105 Rev A). EASB 
119-105 Rev A expands the effectivity by identifying additional serial-
numbered helicopters and omits the long-term and on-condition 
repetitive inspections that have been incorporated into the MM.
    AD 2020-13-02 did not require repeating the inspection of the T/R 
duplex bearing installation every 200 hours time-in-service (TIS), as 
there was sufficient time to allow for notice and comment prior to this 
long-term action going into effect. The FAA has determined that 
repeating the inspection is needed to address this unsafe condition. 
Although Leonardo has added this action to the MM, the FAA must mandate 
it through an AD in order to require it for all operators.

[[Page 73434]]

Accordingly, the FAA has included this long-term requirement in this 
proposed AD.

Comments to AD 2020-13-02

    After AD 2020-13-02 was published, the FAA received comments from 
three individual commenters. The following presents the comments 
received and the FAA's response to each comment.

Requests

    Request: Two commenters requested the FAA update the references in 
AD 2020-13-02, as EASB 119-100 has been canceled and EASA AD 2019-0194-
E has been superseded by EASA AD 2020-0128. The commenters proposed 
referencing the new EASB 119-105.
    FAA's Response: The FAA agrees. This NPRM reflects the changes 
proposed by the commenters.
    Request: One commenter requested the AD allow credit for previous 
compliance with either EASB 119-100 or EASB 119-105.
    FAA's Response: The FAA agrees. In this NPRM, the FAA has proposed 
to require using EASB 119-105 instead of EASB 119-100. Paragraph (e) of 
the proposed AD would require compliance unless already done. Thus, the 
proposed AD allows operators to take credit for actions using EASB 119-
105 if done before the effective date of the AD. This NPRM also 
proposes to allow credit for previous actions accomplished using the 
procedures specified in EASB 119-100.

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 proposing this AD 
after determining that the unsafe condition described previously is 
likely to exist or develop on other helicopters of these same type 
designs.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASB 119-105 Rev A, which specifies a one-time 
inspection of the tightening torque of T/R plug P/N 129-0160-45-103, 
and a one-time 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.

Other Related Service Information

    The FAA reviewed EASB 119-100, which specifies the same procedures 
as EASB 119-105 Rev A, except EASB 119-100 also specifies repeating the 
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 in conjunction every 200 hours TIS or at any 
removal, installation, or disassembly of the T/R duplex bearing.
    The FAA also reviewed Leonardo Helicopters EASB No. 119-105, dated 
May 18, 2020, which contains the same procedures as EASB 119-105 Rev A, 
except EASB 119-105 Rev A applies to additional serial-numbered 
helicopters.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all of the inspection requirements 
and the installation prohibition of AD 2020-13-02. This proposed AD 
would also require repeating the inspection for presence of the P/N and 
S/N markings of the outboard and inboard faces of T/R duplex bearing 
every 200 hours TIS. This proposed AD would not require reporting any 
inspection results.

Differences Between This Proposed AD and the EASA AD

    The EASA AD is applicable to certain serial-numbered Model A119 and 
AW119MKII helicopters, whereas this proposed AD would apply to Model 
A119 and AW119 MKII helicopters with a T/R duplex bearing P/N 129-0160-
11-103 installed instead. The EASA AD requires inspecting the 
tightening torque of the T/R plug in the range of 30.5-33.9 Nm, whereas 
this proposed AD would require inspecting the tightening torque of the 
T/R plug to a minimum of 30.5 Nm instead. This proposed AD would 
require repeating the inspections for the presence of the P/N and S/N 
markings, for rough rotation, brinelling, spalling, chipping, flaking, 
evidence of overheated bearing balls, and damage to the races, and for 
damaged threads of the T/R plug and nut, at intervals not to exceed 200 
hours TIS, whereas the EASA AD does not require repeating these 
inspections. 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 proposed AD would require 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.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 89 helicopters of U.S. Registry. Labor rates 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 
proposed AD.
    Inspecting the tightening torque of the T/R plug would take about 
0.5 work-hour for an estimated cost of $43 per helicopter and $3,827 
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 duplex 
bearing, T/R plug threads, and nut threads would take about 2 work-
hours for an estimated cost of $170 per helicopter and $15,130 for the 
U.S. fleet, per inspection cycle.
    Assembling and installing the T/R duplex bearing assembly would 
take about 2 work-hours for an estimated cost of $170 per helicopter 
and $15,130 for the U.S. fleet, per inspection cycle.
    If required, the parts for replacing the T/R duplex bearing, 
internal spacer, external spacer, bearing liner assembly, and T/R 
control rod would cost about $4,200, and parts for replacing the T/R 
plug would cost about $171.
    The FAA has included all known costs in this cost estimate. 
According to Leonardo, however, some of the costs of this proposed AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators.

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

[[Page 73435]]

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, I certify that this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866,
    2. Would not affect intrastate aviation in Alaska, and
    3. Would 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:
0
a. Removing Airworthiness Directive 2020-13-02, Amendment 39-21147 (85 
FR 37551, June 23, 2020); and
0
b. Adding the following new airworthiness directive:

Leonardo S.p.a.: Docket No. FAA-2020-1026; Project Identifier MCAI-
2020-00745-R.

(a) Applicability

    This airworthiness directive (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) installed.

(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) Affected ADs

    This AD replaces AD 2020-13-02, Amendment 39-21147 (85 FR 37551, 
June 23, 2020) (AD 2020-13-02).

(d) Comments Due Date

    The FAA must receive comments by January 4, 2021.

(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 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 (EASB) No. 119-105, 
Revision A, dated June 3, 2020 (EASB 119-105 Rev A).
    (ii) If there is any movement or the tightening torque is less 
than 30.5 Nm, before further flight, comply with paragraph (f)(2) of 
this AD.
    (2) Within 50 hours TIS, unless required before further flight 
by paragraph (f)(1)(ii) of this AD, and thereafter at intervals not 
to exceed 200 hours TIS, 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 119-105 Rev A. Instead of the excluded steps, do the 
following:

    Note 1 to paragraph (f)(2):  You are not required to discard 
parts and you may use equivalent tooling to that identified in EASB 
119-105 Rev A.

    (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 119-105 Rev A. 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 119-105 Rev A.
    (3) 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 (f)(2) of this AD.

(g) Credit for Previous Actions

    (1) Accomplishment of AD 2020-13-02 before the effective date of 
this AD is considered acceptable for compliance with paragraph 
(f)(1) and the initial inspection required by paragraph (f)(2) of 
this AD.
    (2) Actions accomplished before the effective date of this AD in 
accordance with the procedures specified in Leonardo Helicopters 
EASB No. 119-100, dated August 7, 2019, or Leonardo Helicopters EASB 
No. 119-105, dated May 18, 2020, are considered acceptable for 
compliance with the corresponding actions specified in paragraph 
(f)(1) and the initial inspection required by paragraph (f)(2) of 
this AD.

(h) Special Flight Permits

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, 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 under 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.

(j) Additional Information

    (1) Leonardo Helicopters EASB No. 119-100, dated August 7, 2019, 
and Leonardo Helicopters EASB No. 119-105, dated May 18, 2020, which 
are not incorporated by reference, contain additional information 
about the subject of this AD. For service information identified in 
this AD, contact Emanuele Bufano, Head of Airworthiness, Viale 
G.Agusta 520, 21017 C.Costa di

[[Page 73436]]

Samarate (Va) Italy; telephone +39-0331-225074; fax +39-0331-229046; 
or at https://www.leonardocompany.com/en/home. You may view 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 Union 
Aviation Safety Agency (EASA) AD No. 2020-0128, dated June 4, 2020. 
You may view the EASA AD on the internet at https://www.regulations.gov in the AD Docket.

(k) Subject

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

    Issued on November 9, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-25322 Filed 11-17-20; 8:45 am]
BILLING CODE 4910-13-P