[Federal Register Volume 86, Number 50 (Wednesday, March 17, 2021)]
[Rules and Regulations]
[Pages 14531-14533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05511]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0309; Project Identifier 2018-SW-014-AD; Amendment 
39-21456; AD 2021-05-13]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
Leonardo S.p.a. (Leonardo) Model AW189 helicopters. This AD was 
prompted by two reported failures of the tail plane installation 
forward bolts (bolts). This AD requires inspecting the bolts and 
depending on the results of those inspections, removing certain parts 
from service or installing a tail plane retromod. This AD also requires 
torqueing certain part-numbered nuts, inspecting bolts and nuts for 
wear, and depending on the results of those inspections, removing parts 
from service. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective April 21, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 21, 
2021.

ADDRESSES: 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 this service information 
at the FAA, Office of the Regional

[[Page 14532]]

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.

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-2018-
0309; 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 final rule, any comments received, and other information. The 
address for Docket Operations 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: Scott Franke, Aviation Safety 
Engineer, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone 817-222-5178; email [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (now European Union Aviation 
Safety Agency) (EASA), which is the Technical Agent for the Member 
States of the European Union, has issued EASA Emergency AD 2018-0047-E, 
dated February 28, 2018 (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Leonardo S.p.A. (formerly Finmeccanica S.p.A., AgustaWestland 
S.p.A.) Model AW189 helicopters. 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-2018-0309.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Leonardo Model 
AW189 helicopters. The NPRM published in the Federal Register on 
December 15, 2020 (85 FR 81160). The NPRM was prompted by two reported 
failures of the bolts. The NPRM proposed to require inspecting the 
bolts and depending on the results of those inspections, removing 
certain parts from service or installing a tail plane retromod. The 
NPRM also proposed to require torqueing certain part-numbered nuts, 
inspecting bolts and nuts for wear, and depending on the results of 
those inspections, removing parts from service.
    The FAA is issuing this AD to address the failure of a bolt. This 
condition could result in reduced control of the helicopter. See the 
MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule as proposed, 
except for minor editorial changes. The FAA has determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Leonardo Helicopters Emergency Alert Service 
Bulletin No. 189-177, Revision A, dated February 28, 2018, which 
contains procedures for inspecting each bolt and installing the tail 
plane retromod. This service information also contains procedures for 
repetitively verifying the torque of the associated nut part number (P/
N) MS17825-7 (nut).
    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

    Leonardo Helicopters Service Bulletin No. 189-130, dated January 
30, 2017, contains additional information about the subject of this AD.

Differences Between This AD and the MCAI

    The EASA AD requires repetitive torque checks at progressively 
increasing intervals, while this AD requires the repetitive torque 
check at intervals not to exceed 50 hours time-in-service (TIS). Since 
there is not enough field data at this time to substantiate 
progressively increasing the time between inspections up to 400 hours 
TIS, the FAA has determined an interval of 50 hours TIS is necessary. 
The FAA may take further rulemaking action to increase this interval 
should more data become available.

Interim Action

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

Costs of Compliance

    The FAA estimates that this AD affects 4 helicopters of U.S. 
Registry. The FAA estimates that operators may incur the following 
costs in order to comply with this AD. Labor costs are estimated at $85 
per work-hour.
    Inspecting the bolts before each flight takes about 0.25 work-hour, 
for an estimated cost of $21 per helicopter and $84 for the U.S. fleet 
per inspection cycle.
    If required, installing a tail plane retromod would take about 12 
work-hours and parts would cost about $5,500, for an estimated cost of 
$6,520 per helicopter.
    Inspecting and verifying the torque of the bolts and nuts takes 
about 1 work-hour, for an estimated cost of $85 per helicopter and $340 
for the U.S. fleet per inspection cycle.
    If required, replacing a bolt and nut would take about 1 work-hour 
and parts would cost about $250, for an estimated cost of $335 per 
replacement.
    According to Leonardo's 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. Accordingly, the FAA has included all costs in its 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

    This AD will not have federalism implications under Executive Order

[[Page 14533]]

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) 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.

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:

2021-05-13 Leonardo S.p.a: Amendment 39-21456; Docket No. FAA-2018-
0309; Project Identifier 2018-SW-014-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective April 21, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AW189 helicopters, 
certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 5510, Tail 
Stabilizer.

(e) Unsafe Condition

    This AD was prompted by two reported failures of the tail plane 
installation forward bolts (bolts). The FAA is issuing this AD to 
address the failure of a bolt. This condition could result in 
reduced control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) For helicopters without a tail plane installation retromod 
part number (P/N) 8G5510P00511 (tail plane retromod) installed, 
before further flight and thereafter before each flight, inspect 
each forward attachment bolt (bolt) P/N 8G5510A06251 and 
8G5510A05951 for a missing bolt head, breakage, and correct 
installation as depicted in Figure 12 of Leonardo Helicopters 
Emergency Alert Service Bulletin No. 189-177, Revision A, dated 
February 28, 2018 (EASB 189-177). If there is a missing bolt head, a 
broken bolt, or an incorrectly installed bolt, before further 
flight, remove the bolt from service and install the tail plane 
retromod by following the Accomplishment Instructions, Part II, 
paragraphs 3.1 through 3.33 of EASB 189-177, except you are not 
required to discard parts and where EASB 189-177 specifies 
contacting Leonardo PSE for corrective action, the action must be 
accomplished using a method approved by the Manager, International 
Validations Branch, FAA. The Manager's approval letter must 
specifically refer to this AD.
    (2) For helicopters with a tail plane retromod installed in 
accordance with Leonardo Helicopters Service Bulletin No. 189-130, 
dated January 30, 2017, and for helicopters with serial number 
49046, 49053, 89008, 89009, 92007, or 92008, within 10 hours time-
in-service (TIS) after the effective date of this AD, loosen and 
then torque each nut P/N MS17825-7 (nut) to 15 to 20 Nm (11 to 14.75 
ft-lbs), and install a cotter pin and lockwire each nut on the 
adjustable rod assembly P/N 4F5510A00232, as depicted in Figure 7, 
Detail N Step 6.5 and Figure 9, Detail P Step 7.9 of EASB 189-177.
    (3) Within 10 hours TIS after installing a tail plane retromod, 
within 10 hours TIS after complying with paragraph (g)(2) of this 
AD, or within 10 hours TIS after the effective date of this AD, 
whichever occurs later, and thereafter at intervals not to exceed 50 
hours TIS, do the following:
    (i) Determine the torque of each nut.
    (ii) If the torque is less than 15 Nm (11 ft-lbs) or more than 
20 Nm (14.75 ft-lbs), before further flight, remove the bolt and nut 
and inspect for wear. If there is any wear on the bolt or nut, 
before further flight, remove the bolt and nut from service.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (i)(2) of 
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

 (i) Related Information

    (1) The subject of this AD is addressed in European Aviation 
Safety Agency (now European Union Aviation Safety Agency) (EASA) 
Emergency AD 2018-0047-E, dated February 28, 2018. This EASA AD may 
be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2018-0309.
    (2) For more information about this AD, contact Scott Franke, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 10101 Hillwood Pkwy., Fort 
Worth, TX 76177; telephone 817-222-5178; email [email protected].
    (3) Leonardo Helicopters Service Bulletin No. 189-130, dated 
January 30, 2017, which is not incorporated by reference, contains 
additional information about the subject of this AD.
    (4) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (j)(3) and (4) of this AD.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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 this AD specifies otherwise.
    (i) Leonardo Helicopters Emergency Alert Service Bulletin No. 
189-177, Revision A, dated February 28, 2018.
    (ii) [Reserved]
    (3) 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.
    (4) 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.
    (5) You may view this material 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.

    Issued on February 24, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-05511 Filed 3-16-21; 8:45 am]
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