[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Rules and Regulations]
[Pages 46113-46115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17605]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0364; Project Identifier MCAI-2020-00274-R; 
Amendment 39-21675; AD 2021-16-13]
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 A109S and AW109SP helicopters with a 
certain part-numbered vertical fin vibration absorber installation 
installed. This AD requires repetitive inspections of the vertical fin 
vibration absorber installation and the surrounding structure and 
depending on the inspection results, removing certain parts from 
service. This AD also prohibits installing certain part-numbered 
vertical fin vibration absorber installations on any helicopter. This 
AD was prompted by a report of cracks and damage detected on the 
vertical fin absorber installation and surrounding structure during 
scheduled inspections. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective September 22, 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 the referenced service 
information at the FAA, Office of the Regional Counsel, Southwest 
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0364; 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 Union Aviation Safety Agency (EASA) AD, any comments received, 
and other information. The street 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: Kristin Bradley, Aerospace Engineer, 
General Aviation & Rotorcraft Section, International Validation Branch, 
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-
5110; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to Leonardo Model A109S 
and AW109SP helicopters with a vertical fin vibration absorber 
installation part number (P/N) 109-B810-79-101 installed. The NPRM 
published in the Federal Register on May 13, 2021 (86 FR 26198). In the 
NPRM, the FAA proposed, within 30 hours time-in-service (TIS), and 
thereafter at intervals not to exceed 100 hours TIS, removing the 
vertical fin vibration absorber installation and, using a mirror and 
light source, inspecting the rib assembly and depending on the 
inspection results, removing certain parts from service. The NPRM also 
proposed to require inspecting the vertical fin vibration absorber 
installation for hole elongation; for fretting between the plate and 
the masses, and in between the masses; for fretting on the doubler; and 
the bolts for scratches and corrosion. Depending on the inspection 
results, the NPRM proposed removing the vertical fin vibration absorber 
installation from service. The NPRM also proposed to require, within 12 
months TIS, removing the vertical fin vibration absorber installation 
from service. Finally, the NPRM proposed to prohibit installing an 
affected part on any helicopter, and provided a terminating action for 
the 100-hour TIS repetitive inspections.
    The NPRM was prompted by EASA AD 2014-0150, dated June 18, 2014 
(EASA AD 2014-0150), issued by EASA, which is the Technical Agent for 
the Member States of the European Union, to correct an unsafe condition 
for certain AgustaWestland S.p.A. (now Leonardo S.p.a. Helicopters) 
(formerly Agusta S.p.A.) Model A109S and AW109SP helicopters with an 
absorber P/N 109-B810-79-101installed. EASA advises that during a 
scheduled inspection on Model A109S and AW109SP helicopters, cracks and 
damage were detected on the vertical fin vibration absorber 
installation and the surrounding structure. EASA stated that 
investigation results determined the

[[Page 46114]]

cracks and damage were likely related to the design of the vertical fin 
vibration absorber installation and incorrect installation. 
Accordingly, EASA AD 2014-0150 required repetitive inspections and 
removal of the affected part.
    After EASA AD 2014-0150 was issued, EASA determined certain 
helicopters were not included in the applicability and may also be 
subject to the unsafe condition. Accordingly, EASA issued EASA AD 2019-
0294, dated December 4, 2019 (EASA AD 2019-0294), which supersedes EASA 
AD 2014-0150. EASA AD 2019-0294 retains the requirements of EASA AD 
2014-0150 and expands the applicability, prohibits vertical fin 
vibration absorber installation P/N 109-B810-79-101 from being 
installed on any helicopter, and considers removal of the affected part 
to constitute terminating action for the repetitive inspections. EASA 
states that the unsafe condition, if not detected and corrected, could 
affect the structural integrity of the helicopter.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    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 reviewed the relevant 
data and determined that air safety requires adopting this AD as 
proposed except for a correction to the compliance time for removing 
the vertical fin vibration absorber installation from service. The NPRM 
stated that removing this part from service would be required ``within 
12 months TIS''; the term ``TIS'' was included in error and has been 
removed. This change does not increase the economic burden on any 
operator. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these helicopters.

Related Service Information

    The FAA reviewed AgustaWestland S.p.A. Bollettino Technico No. 
109S-58 for Model A109S helicopters, and AgustaWestland S.p.A 
Bollettino Technico No. 109SP-074 for Model AW109SP helicopters, each 
dated May 7, 2014. This service information specifies instructions for 
removing the vertical fin vibration absorber installation, inspecting 
the rib assembly and vertical fin vibration absorber installation and 
depending on the inspection results, removing certain parts from 
service.

Differences Between This AD and the EASA AD

    EASA AD 2019-0294 applies to certain serial-numbered Model A109S 
and AW109SP helicopters, whereas this AD applies to all serial-numbered 
Model A109S and AW109SP helicopters with a certain part-numbered 
vertical fin vibration absorber installation installed.

Costs of Compliance

    The FAA estimates that this AD affects 96 helicopters of U.S. 
Registry and that operators may incur the following costs in order to 
comply with this AD. Labor costs are estimated at $85 per work-hour.
    Removing and inspecting the vertical fin vibration absorber 
installation and surrounding structure takes about 8 work-hours for an 
estimated cost of $680 per helicopter per inspection cycle and $65,280 
for the U.S. fleet per inspection cycle.
    Replacing the rib assembly, shim, doubler, and bracket will take 
about 16 work-hours and parts will cost about $10,000 for an estimated 
cost of $11,360 per helicopter.
    According to Leonardo 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, all costs are included in this 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 helicopters 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,
    (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.

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:

2021-16-13 Leonardo S.p.a.: Amendment 39-21675; Docket No. FAA-2021-
0364; Project Identifier MCAI-2020-00274-R.

(a) Effective Date

    This airworthiness directive (AD) is effective September 22, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A109S helicopters and 
AW109SP helicopters, certificated in any category, with vertical fin 
vibration absorber installation part number (P/N) 109-B810-79-101 
installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2740, Stabilizer 
Control System.

(e) Unsafe Condition

    This AD defines the unsafe condition as cracks or damage on the 
vertical fin vibration absorber installation and surrounding 
structure. This condition could affect the

[[Page 46115]]

structural integrity of the helicopter and lead to subsequent 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 30 hours time-in-service (TIS) after the effective 
date of this AD, and thereafter at intervals not to exceed 100 hours 
TIS:
    (i) Remove the vertical fin vibration absorber installation P/N 
109-B810-79-101, and using a mirror and light source, visually 
inspect the rib assembly P/N 109-0372-53-201 for hole elongation, 
fretting, and cracks. If there is any hole elongation, fretting, or 
cracks, before further flight, remove rib assembly P/N 109-0372-53-
201, shim P/N 109-0372-53-211, doubler P/N 109-0372-53-213, and 
bracket P/N 109-0373-02-113 from service and replace with airworthy 
parts.
    (ii) Inspect the vertical fin vibration absorber installation P/
N 109-B810-79-101 for hole elongation; for fretting between the 
plate and the masses and in-between the masses; for fretting on 
doubler P/N 109-0372-53-213; and the bolts for scratches and 
corrosion. If there is any hole elongation; fretting between the 
plate and the masses or in-between the masses; fretting on doubler 
P/N 109-0372-53-213; or bolts with scratches or corrosion, before 
further flight, remove the vertical fin vibration absorber 
installation P/N 109-B810-79-101 from service.
    (2) Within 12 months after the effective date of this AD unless 
already accomplished per paragraph (g)(1)(ii) of this AD, remove the 
vertical fin vibration absorber installation P/N 109-B810-79-101 
from service.
    (3) As of the effective date of this AD, do not install vertical 
fin vibration absorber installation P/N 109-B810-79-101 on any 
helicopter.
    (4) Removing the vertical fin vibration absorber installation P/
N 109-B810-79-101 from service, as described in paragraphs 
(g)(1)(ii) or (2) of this AD provides a terminating action for the 
100 hour TIS repetitive inspections required by paragraph (g)(1) of 
this AD.

(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 Kristin Bradley, 
Aerospace Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, 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 Union 
Aviation Safety Agency (EASA) AD 2019-0294, dated December 4, 2019. 
You may view the EASA AD on the internet at https://www.regulations.gov in Docket No. FAA-2021-0364.

    Issued on July 29, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-17605 Filed 8-17-21; 8:45 am]
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