[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Rules and Regulations]
[Pages 19127-19129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07481]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Rules 
and Regulations  

[[Page 19127]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1077; Project Identifier 2016-SW-070-AD; Amendment 
39-21493; AD 2021-07-16]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Leonardo S.p.a. Model AB412 helicopters. This AD was prompted 
by a cracked spiral bevel gear. This AD requires a one-time visual 
inspection and a recurring fluorescent magnetic particle inspection 
(FMPI) of affected spiral bevel gears for a crack, and depending on the 
inspection results, removing the spiral bevel gear from service. This 
AD also prohibits installing an affected spiral bevel gear unless it 
has recently passed an FMPI. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD becomes effective April 28, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of April 28, 2021.
    The FAA must receive comments on this AD by May 28, 2021.

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 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 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. It 
is also available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2017-1077.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2017-1077; 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, 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 FURTHER INFORMATION CONTACT: Rao Edupuganti, Aerospace Engineer, 
Dynamic Systems Section, Technical Innovation Policy Branch, Policy & 
Innovation Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone (817) 222-5110; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2016-0166-E, dated August 12, 2016 
and corrected October 4, 2017 (EASA AD 2016-0166-E), to correct an 
unsafe condition for Leonardo S.p.A. (formerly AgustaWestland S.p.A., 
Agusta S.p.A., Costruzioni Aeronautiche Giovanni Agusta) Model AB204B, 
AB205A1, and AB212 helicopters, all serial numbers (S/Ns), and AB412 
helicopters all S/Ns up to S/N 25669 inclusive. EASA advises that a 
crack was found in a spiral bevel gear part number (P/N) 204-040-701-
103 during a scheduled inspection of a main rotor (M/R) transmission P/
N 212-040-001-59. The initial investigation determined that the crack 
originated from the bottom of one of the 32 threaded holes. EASA 
further advises that other spiral bevel gears manufactured with the 
same process as the defective one could be affected by the same issue. 
This condition, if not addressed, could lead to failure of the M/R 
transmission and possible loss of control of the helicopter.
    Accordingly, EASA AD 2016-0166-E requires a one-time visual 
inspection and a recurring FMPI of certain serial-numbered spiral bevel 
gears P/N 204-040-701-103 for a crack, and if there is a crack, 
replacing the spiral bevel gear or the M/R transmission. EASA AD 2016-
0166-E also prohibits installing an affected spiral bevel gear unless 
it is a serviceable part. EASA considers its AD an interim action and 
states that further AD action may follow.

FAA's Determination

    This model helicopter has been approved by EASA and is 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 relevant information and determining that the 
unsafe condition described previously is likely to exist or develop on 
other helicopters of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Finmeccanica Helicopter Division (FHD) Alert 
Bollettino Tecnico No. 412-146, Revision A, dated July 7, 2016. This 
service information specifies procedures for a one-time visual 
inspection of the spiral bevel gear by marking one tooth of the spiral 
bevel gear with white chalk (or equivalent), and with the aid of a 
light source, rotating the tail rotor blades, and visually inspecting 
the teeth of the spiral bevel gear for a crack. This service 
information also specifies procedures for a recurring FMPI of the 
spiral bevel gear for a crack. If there is a crack, this service 
information

[[Page 19128]]

specifies removing the spiral bevel gear from service and reporting 
findings to FHD Product Support Engineering.
    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 a one-time visual inspection and a recurring FMPI 
of certain serial-numbered spiral bevel gears P/N 204-040-701-103 for a 
crack, and if there is a crack, removing the spiral bevel gear from 
service. This AD also prohibits installing an affected spiral bevel 
gear unless it has previously passed an FMPI within less than 300 hours 
time-in-service.

Differences Between This AD and the EASA AD

    EASA AD 2016-0166-E applies to Model AB204B, AB205A1, and AB212 
helicopters, whereas this AD does not because those model helicopters 
are not FAA type-certificated. EASA AD 2016-0166-E applies to certain 
serial-numbered helicopters, whereas this AD applies to certain serial-
numbered helicopters with certain serial-numbered spiral bevel gears P/
N 204-040-701-103 installed instead. EASA AD 2016-0166-E also includes 
a compliance time of before the spiral bevel gear accumulates 1,200 
flight hours since first installation on a helicopter, whereas this AD 
does not.

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.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) 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 providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause. There are no helicopters with this type 
certificate on the U.S. Registry. Accordingly, notice and opportunity 
for prior public comment are unnecessary, pursuant to 5 U.S.C. 
553(b)(3)(B).
    In addition, for the foregoing reason(s), 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.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2017-1077; Project Identifier 2016-
SW-070-AD'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Rao 
Edupuganti, Aerospace Engineer, Dynamic Systems Section, Technical 
Innovation Policy Branch, Policy & Innovation Division, 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.

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 prior 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.

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, 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.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

[[Page 19129]]

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:

2021-07-16 Leonardo S.p.a.: Amendment 39-21493; Docket No. FAA-2017-
1077; Project Identifier 2016-SW-070-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective April 28, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB412 helicopters, 
certificated in any category, with a serial number up to 25669 
inclusive, with a spiral bevel gear part number 204-040-701-103 with 
a serial number identified in Table 1 of Finmeccanica Helicopter 
Division Alert Bollettino Tecnico No. 412-146, Revision A, dated 
July 7, 2016 (Alert BT 412-146 Rev A).

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6300, Main Rotor 
Drive System.

(e) Unsafe Condition

    This AD was prompted by a cracked spiral bevel gear. The FAA is 
issuing this AD to prevent failure of the main rotor transmission. 
The unsafe condition, if not addressed, could result in loss of 
control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) Within 10 hours time-in-service (TIS) after the effective 
date of this AD:
    (i) Visually inspect the spiral bevel gear teeth for a crack by 
following the Accomplishment Instructions, part I, paragraphs 9. and 
10., of Alert BT 412-146 Rev A.
    (ii) If there is a crack, before further flight, remove the 
spiral bevel gear from service.
    (iii) If there is not a crack, within 100 hours TIS following 
paragraph (g)(1)(i) of this AD and thereafter at intervals not to 
exceed 300 hours TIS, fluorescent magnetic particle inspect the 
spiral bevel gear for a crack by following the Accomplishment 
Instructions, part II, paragraph 3., of Alert BT 412-146 Rev A. If 
there is a crack, before further flight, remove the spiral bevel 
gear from service.
    (2) As of the effective date of this AD, do not install a spiral 
bevel gear that is identified in paragraph (c) of this AD unless the 
actions required by paragraph (g)(1)(iii) have been previously 
accomplished within less than 300 hours TIS.

(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)(1) 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) For more information about this AD, contact Rao Edupuganti, 
Aerospace Engineer, Dynamic Systems Section, Technical Innovation 
Policy Branch, Policy & Innovation Division, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
[email protected].
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD 
2016-0166-E, dated August 12, 2016 and corrected October 4, 2017. 
You may view the EASA AD on the internet at https://www.regulations.gov in Docket No. FAA-2017-1077.

(j) 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) Finmeccanica Helicopter Division Alert Bollettino Tecnico 
No. 412-146, Revision A, dated July 7, 2016.
    (ii) [Reserved]
    (3) For Finmeccanica Helicopter Division 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 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.

    Issued on March 25, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-07481 Filed 4-12-21; 8:45 am]
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