[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Rules and Regulations]
[Pages 53187-53189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20827]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0507; Project Identifier 2018-SW-117-AD; Amendment 
39-21712; AD 2021-18-11]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Leonardo S.p.a. Model AB139 and AW139 helicopters. 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. This AD requires an inspection of the rail rotor 
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 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 
incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective November 1, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 1, 
2021.

ADDRESSES: For material incorporated by reference (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 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. It is also available 
in the AD docket 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 final rule, the 
mandatory continuing airworthiness information (MCAI), 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: 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]. [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The 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) (also referred to as the MCAI), 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 
AW139 helicopters, all serial numbers. Although EASA AD 2018-0292 
applies to all Model AB139 and AW139 helicopters, this AD applies to 
helicopters with an affected part installed instead.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Leonardo S.p.a. 
Model AB139 and AW139 helicopters. The NPRM published in the Federal 
Register on June 24, 2021 (86 FR 33149). The NPRM was prompted by a 
report that, during a post-flight inspection of an in-service 
helicopter, a tail rotor slide 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 NPRM 
proposed to require an inspection of the rail rotor 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 tail 
rotor slider assembly for corrosion and signs of circumferential 
refinishing, as specified in EASA AD 2018-0292.
    The FAA is issuing 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 crack 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.

Discussion of Final Airworthiness Directive

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 
requires adopting this AD as proposed. Except for minor editorial 
changes, this AD is

[[Page 53188]]

adopted as proposed in the NPRM. None of the changes will increase the 
economic burden on any operator. Accordingly, the FAA is issuing this 
AD to address the unsafe condition on these products.

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 sign 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.

Costs of Compliance

    The FAA estimates that this AD affects 129 helicopters of U.S. 
Registry. The FAA estimates the following costs to comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    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.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
replacement that would be required based on the results of the 
inspection. The agency has no way of determining the number of aircraft 
that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                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
                                         $85 per inspection cycle.                       cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this 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

    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:

2021-18-11 Leonardo S.p.a.: Amendment 39-21712; Docket No. FAA-2021-
0507; Project Identifier 2018-SW-117-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective November 1, 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 
Aviation 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 issuing this AD 
to address corrosion in the tail rotor slider assembly caused by 
improper refinishing (characterized by signs of circumferential 
refinishing consistent with

[[Page 53189]]

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 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) 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

    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].

(l) 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 this AD specifies otherwise.
    (i) European Aviation Safety Agency (EASA) AD 2018-0292, dated 
December 28, 2018.
    (ii) [Reserved]
    (3) 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 find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) 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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0507.
    (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 August 26, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-20827 Filed 9-24-21; 8:45 am]
BILLING CODE 4910-13-P