[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Proposed Rules]
[Pages 33149-33152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13130]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0507; Project Identifier 2018-SW-117-AD]
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 adopt a new airworthiness directive (AD) 
for certain Leonardo S.p.a. Model AB139 and Model AW139 helicopters. 
This proposed AD was prompted by a report that, during a post-flight 
inspection of an in-service helicopter, a tail rotor slider assembly 
was found fractured, and the bushing and the actuator rod in the tail 
rotor servo were partially damaged. This proposed AD would require an 
inspection of the tail rotor slider assembly for corrosion and signs of 
circumferential refinishing and, depending on the findings, replacement 
of the tail rotor slider assembly with a serviceable part or repetitive 
inspections of the of the tail rotor slider assembly for corrosion and 
signs of circumferential refinishing, as specified in a European 
Aviation Safety Agency (now European Union Aviation Safety Agency) 
(EASA) AD, which is proposed for incorporation by reference (IBR). The 
FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by August 9, 
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 EASA material that is proposed for IBR in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; internet www.easa.europa.eu. You 
may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view the EASA material 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 the 
EASA material at the FAA, call (817) 222-5110. The EASA material is 
also available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0507.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0507; 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 NPRM, the EASA AD, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; telephone (516) 228-7330; 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-2021-0507; Project Identifier 
2018-SW-117-AD'' 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://

[[Page 33150]]

www.regulations.gov, including any personal information you provide. 
The agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

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 
Andrea Jimenez, Aerospace Engineer, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected]. Any commentary that the FAA 
receives that is not specifically designated as CBI will be placed in 
the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0292, dated December 28, 2018 
(EASA AD 2018-0292) to correct an unsafe condition for Leonardo S.p.A. 
(formerly Finmeccanica S.p.A, AgustaWestland S.p.A., Agusta S.p.A.; 
AgustaWestland Philadelphia Corporation, formerly Agusta Aerospace 
Corporation) Model AB139 and Model AW139 helicopters, all serial 
numbers. Although EASA AD 2018-0292 applies to all Model AB139 and 
Model AW139 helicopters, this proposed AD would apply to helicopters 
with an affected part installed instead.
    This proposed AD was prompted by a report that, during a post-
flight inspection of an in-service helicopter, a tail rotor slider 
assembly was found fractured, and the bushing and the actuator rod in 
the tail rotor servo were partially damaged. The subsequent 
investigation revealed that the failure was due to fatigue, initiated 
from corroded areas (corrosion craters) on the surface of the tail 
rotor slider assembly characterized by signs of circumferential 
refinishing. The corrosion craters originated along finishing signs 
consistent with low grit sanding operations, which can remove the 
passivation corrosion protection from the tail rotor slider assembly. 
Sanding is a maintenance activity that is not included in the 
maintenance manual for Leonardo S.p.a. Model AB139 and AW139 
helicopters and is not allowed on in-service helicopters. The FAA is 
proposing this AD to address corrosion in the tail rotor slider 
assembly caused by improper refinishing (characterized by signs of 
circumferential refinishing consistent with sanding). The unsafe 
condition, if not addressed, could result in fatigue cracks and 
fracture of the tail rotor slider assembly, resulting in failure of the 
tail rotor controls and consequent loss of yaw control of the 
helicopter. See EASA AD 2018-0292 for additional background 
information.

FAA's Determination and Requirements of This Proposed AD

    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 evaluating all known relevant information and 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

    EASA AD 2018-0292 requires a detailed inspection of the tail rotor 
slide assembly for corrosion and signs of circumferential refinishing 
and, depending on the findings, applicable corrective actions. If there 
is any evidence of corrosion craters the corrective action is 
replacement of the affected part with a serviceable part. If there is 
any evidence of surface imperfections caused by circumferential 
refinishing but no evidence of corrosion, the corrective action is 
repetitive inspections of the tail rotor slide assembly for corrosion 
and signs of circumferential refinishing. Replacement of an affected 
part with a serviceable part is terminating action for the repetitive 
inspections.
    This material 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.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2018-0292, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use certain civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, 
EASA AD 2018-0292 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with EASA 
AD 2018-0292 in its entirety, through that incorporation, except for 
any differences identified as exceptions in the regulatory text of this 
proposed AD. Using common terms that are the same as the heading of a 
particular section in EASA AD 2018-0292 does not mean that operators 
need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2018-
0292. Service information specified in EASA AD 2018-0292 that is 
required for compliance with it will be available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0507 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 129 helicopters of U.S. Registry. The FAA estimates the 
following costs to comply with this proposed AD.

[[Page 33151]]



                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection...........................  1 work-hour x $85 per                  $0             $85         $10,965
                                        hour = $85.
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    The FAA estimates the following costs to do any necessary 
replacement that would be required based on the results of the proposed 
inspection. The agency has no way of determining the number of aircraft 
that might need this replacement:

                                               On-Condition Costs
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                Action                           Labor cost              Parts cost         Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement..........................  Up to 10 work-hours x $85 per          $23,200  Up to $24,050.
                                        hour = $850.
Inspection...........................  1 work-hour x $85 per hour =                $0  $85 per inspection cycle.
                                        $85 per inspection cycle.
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    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all 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 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 above, I certify 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 adding the following new airworthiness 
directive:

Leonardo S.p.a.: Docket No. FAA-2021-0507; Project Identifier 2018-
SW-117-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 9, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB139 and AW139 
helicopters, certificated in any category, with an affected part as 
identified in European Aviation Safety Agency (now European Union 
Safety Agency) (EASA) AD 2018-0292, dated December 28, 2018 (EASA AD 
2018-0292).

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report that, during a post-flight 
inspection of an in-service helicopter, a tail rotor slider assembly 
was found fractured, and the bushing and the actuator rod in the 
tail rotor servo were partially damaged. The FAA is proposing this 
AD to address corrosion in the tail rotor slider assembly caused by 
improper refinishing (characterized by signs of circumferential 
refinishing consistent with sanding). The unsafe condition, if not 
addressed, could result in fatigue cracks and fracture of the tail 
rotor slider assembly, resulting in failure of the tail rotor 
controls and consequent loss of yaw control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2018-0292.

(h) Exceptions to EASA AD 2018-0292

    (1) Where EASA AD 2018-0292 refers to flight hours (FH), this AD 
requires using hours time-in-service.
    (2) Where EASA AD 2018-0292 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where EASA AD 2018-0292 refers to ``Part I of the ASB,'' 
this AD requires using ``Part I of section 3., Accomplishment 
Instructions of the ASB,'' and where EASA AD 2018-0292 refers to 
``Part II of the ASB,'' this AD requires using ``Part II of section 
3., Accomplishment Instructions of the ASB.''.
    (4) Where the service information referred to in EASA AD 2018-
0292 specifies to return certain parts, this AD does not include 
that requirement.
    (5) Where the service information referred to in EASA AD 2018-
0292 specifies to contact Leonardo S.p.a. ``if in doubt'' regarding 
if a tail rotor slider assembly needs

[[Page 33152]]

to be replaced based on evidence of corrosion craters, replacement 
of an affected slider assembly is required by this AD but contacting 
Leonardo S.p.a. is not required by this AD.
    (6) The ``Remarks'' section of EASA AD 2018-0292 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2018-0292 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k)(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.

(k) Related Information

    (1) For EASA AD 2018-0292, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu. You may view this 
material 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. This material may be found in the AD docket at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0507.
    (2) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected].

    Issued on June 16, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-13130 Filed 6-23-21; 8:45 am]
BILLING CODE 4910-13-P