[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Rules and Regulations]
[Pages 57564-57567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22471]



[[Page 57564]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0612; Project Identifier MCAI-2021-00650-R; 
Amendment 39-21755; AD 2021-20-17]
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 superseding emergency Airworthiness Directive (AD) 
2018-23-52, which applied to all Leonardo S.p.a. Model AW169 and AW189 
helicopters. AD 2018-23-52 required inspecting the nut, cotter pin, 
lock-wire, and hinge bracket connected to the tail rotor servo-actuator 
(TRA) feedback lever link, and each connection of the TRA feedback 
lever link, and repair if necessary. AD 2018-23-52 also required 
applying a paint stripe or torque seal on the nut and reporting certain 
information. This AD requires repetitive inspections of the TRA, 
repetitive inspections and checks of the tail rotor duplex bearings (TR 
DB), installation of an improved TRA and TR DB, repetitive 
installations and checks of thermal strips, replacement of the improved 
TR DB (life limit), and applicable corrective actions, as specified in 
a European Union Aviation Safety Agency (EASA) AD, which is 
incorporated by reference. This AD was prompted by a report of an 
accident of a Model AW169 helicopter, which was observed to have lost 
yaw control prior to the accident and a determination that certain 
inspections and checks of the TR DB, installation of an improved TRA 
and TR DB, certain other actions, and applicable corrective actions are 
necessary to address the unsafe condition. The FAA is issuing this AD 
to address the unsafe condition on these products.

DATES: This AD is effective November 22, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 22, 
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact the 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 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 on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0612.

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-2021-
0612; 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: 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:

Background

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0197, dated September 10, 2020 
(EASA AD 2020-0197), to correct an unsafe condition for all Leonardo 
S.p.A. (formerly Finmeccanica S.p.A., AgustaWestland S.p.A.) Model 
AW169 and AW189 helicopters.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede Emergency AD 2018-23-52, Product Identifier 
2018-SW-093-AD, dated November 8, 2018 (Emergency AD 2018-23-52). 
Emergency AD 2018-23-52 applied to all Leonardo S.p.a. Model AW169 and 
AW189 helicopters. The NPRM published in the Federal Register on August 
5, 2021 (86 FR 42754). The NPRM was prompted by a report of an accident 
of a Model AW169 helicopter, which was observed to have lost yaw 
control prior to the accident and a determination that certain 
inspections and checks of the TR DB, installation of an improved TRA 
and TR DB, certain other actions, and applicable corrective actions are 
necessary to address the unsafe condition. The NPRM proposed to require 
repetitive inspections of the TRA, repetitive inspections and checks of 
the TR DB, installation of an improved TRA and TR DB, repetitive 
installations and checks of thermal strips, replacement of the improved 
TR DB (life limit), and applicable corrective actions, as specified in 
an EASA AD.
    The FAA is issuing this AD to address failure of the TRA feedback 
lever. This condition could result in loss of tail rotor control and 
subsequent loss of control of the helicopter. See the EASA AD 2020-0197 
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 
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

    EASA AD 2020-0197 requires the following actions:

--Repetitive inspections of the slippage marking of the castellated nut 
installed on the back-end of the affected TRA.
--Repetitive inspections of the roughness and breakaway force of the 
affected TR DB.
--Repetitive installations of a thermal strip on the spacer next to the 
TR DB.
--Repetitive checks of the condition of the thermal strip and the 
indicated temperature.
--Repetitive inspections/checks for particles and additional roughness 
of the TR DB.
--Installation of an improved TRA.
--Installation of an improved TR DB.
--Repetitive replacements of the improved TR DB (life limit).
--An inspection of an affected TR DB if the thermal strip is detached, 
partially detached, or unreadable.
--Reporting information to the manufacturer.

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--Sending parts to the manufacturer.
--Applicable corrective actions.

    Corrective actions include accomplishing instructions to address 
the following findings: Evidence of rotation of an affected TRA nut; 
thermal strip temperatures that exceed specified values; and any 
discrepancies found during the inspection of an affected TR DB. 
Discrepancies include roughness (meaning lack of free and easy 
rotation), measured breakaway force(s) outside the allowed range, any 
wear or other damage (including, but not limited to, broken seals), and 
the presence of particles.
    EASA AD 2020-0197 also prohibits (re)installation of an affected 
TRA and an affected TR DB on a helicopter. EASA AD 2020-0197 also 
specifies, for certain helicopters, terminating action for the 
repetitive inspections of the slippage marking of the castellated nut.
    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.

Differences Between This AD and EASA AD 2020-0197

    EASA AD 2020-0197 requires sending parts to the manufacturer. This 
AD does not require that action.
    EASA AD 2020-0197 specifies the earlier revisions of Leonardo 
S.p.A. Emergency Alert Service Bulletin (EASB) 169-148, Revision D, 
dated August 4, 2020; and Leonardo S.p.A. EASB 189-237, Revision D, 
dated August 4, 2020; are acceptable for compliance for certain 
actions. This AD does not allow credit for the earlier revisions.
    Where Note 1 of EASA AD 2020-0197 allows a non-cumulative tolerance 
of 10 percent to be applied to the compliance times for the actions to 
allow for synchronization of the required actions with other 
maintenance tasks, this AD does not allow that tolerance.

Interim Action

    The FAA considers this AD to be an interim action and further AD 
action might follow.

Costs of Compliance

    The FAA estimates that this AD affects 10 helicopters of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
            Action                  Labor cost             Parts cost         Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspections and checks........  Up to 9 work-      $0.......................  Up to $765, per   Up to $7,650,
                                 hours x $85 per                               inspection/       per inspection/
                                 hour = $765, per                              check cycle.      check cycle
                                 inspection/check
                                 cycle.
Thermal strip installation....  1 work-hour x $85  $4.......................  $89, per          $890, per
                                 per hour = $85,                               installation      installation
                                 per installation                              cycle.            cycle
                                 cycle.
Installation of improved TRA    Up to 18 work-     Up to $39,000............  Up to $40,530...  Up to $405,300
 and TR DB.                      hours x $85 per
                                 hour = $1,530.
Replacement of improved TR DB.  10 work-hours x    $1,500...................  $2,350, per       $23,500, per
                                 $85 per hour =                                replacement       replacement
                                 $850, per                                     cycle.            cycle.
                                 replacement
                                 cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates that it would take about 1 hour per product to 
comply with the on-condition reporting requirement in this AD. The 
average labor rate is $85 per hour. Based on these figures, the FAA 
estimates the cost of reporting the inspection and check results on 
U.S. operators to be $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition inspections and thermal strip installations that would be 
required based on the results of any required actions. The FAA has no 
way of determining the number of helicopters that might need these on-
condition actions:

      Estimated Costs of On-Condition Inspections and Installations
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
4 work-hours x $85 per hour = $340....              $0             $340
------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the other on-condition actions 
specified in this AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Pkwy., Fort Worth, TX 76177-1524.

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

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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:

2021-20-17 Leonardo S.p.a.: Amendment 39-21755; FAA-2021-0612; 
Project Identifier MCAI-2021-00650-R.

(a) Effective Date

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

(b) Affected ADs

    This AD replaces Emergency AD 2018-23-52, Product Identifier 
2018-SW-093-AD, dated November 8, 2018 (Emergency AD 2018-23-52).

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model AW169 and AW189 
helicopters, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of an accident of a Model AW169 
helicopter, which was observed to have lost yaw control prior to the 
accident. The FAA is issuing this AD to address failure of the tail 
rotor servo-actuator (TRA) feedback lever. This condition could 
result in loss of tail rotor control and subsequent loss of 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, European Union Aviation Safety Agency (EASA) AD 
2020-0197, dated September 10, 2020 (EASA AD 2020-0197).

(h) Exceptions to EASA AD 2020-0197

    (1) Where EASA AD 2020-0197 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) This AD does not allow the compliance time tolerance 
specified in Note 1 of EASA AD 2020-0197.
    (3) The initial compliance time for the inspection specified in 
paragraph (1) of EASA AD 2020-0197 is within the compliance time 
specified in paragraph (1) of EASA AD 2020-0197, except for Group 1 
helicopters on which the inspection identified in paragraph (1) of 
EASA AD 2020-0197 has not been done, the initial inspection is 
within 10 hours time-in-service after the effective date of this AD.
    (4) The initial compliance time for the inspection specified in 
paragraph (2) of EASA AD 2020-0197 is within the compliance time 
specified in paragraph (2) of EASA AD 2020-0197, except for Group 1 
and 2 helicopters on which the inspection identified in paragraph 
(2) of EASA AD 2020-0197 has not been done, the initial compliance 
time is within 50 hours time-in-service after the effective date of 
this AD.
    (5) The initial compliance time for the installation specified 
in paragraph (3) of EASA AD 2020-0197 is within the compliance time 
specified in paragraph (3) of EASA AD 2020-0197, except for Group 1 
and 2 helicopters on which the installation identified in paragraph 
(3) of EASA AD 2020-0197 has not been done, the initial compliance 
time is within 20 hours time-in-service after the effective date of 
this AD.
    (6) The initial compliance time for the check (inspection) 
specified in paragraph (4) of EASA AD 2020-0197 is within the 
compliance time specified in paragraph (4) of EASA AD 2020-0197, 
except for Group 1 and 2 helicopters on which the check (inspection) 
identified in paragraph (4) of EASA AD 2020-0197 has not been done, 
the initial compliance time is within 10 hours time-in-service after 
the effective date of this AD.
    (7) The initial compliance time for the inspection/check 
specified in paragraph (5) of EASA AD 2020-0197 is within the 
compliance time specified in paragraph (5) of EASA AD 2020-0197 
except for Group 1 and 2 helicopters on which the inspection 
identified in paragraph (5) of EASA AD 2020-0197 has not been done, 
the initial compliance time is within 10 hours time-in-service after 
the effective date of this AD.
    (8) Where paragraphs (6), (8), (9), and (11) of EASA AD 2020-
0197 specify contacting Leonardo for corrective action instructions, 
the corrective action instructions must be accomplished in 
accordance with FAA-approved procedures.
    (9) Where paragraphs (9) and (10) of EASA AD 2020-0197 use the 
term ``discrepancy,'' for this AD, discrepancies include roughness 
(meaning lack of free and easy rotation), measured breakaway 
force(s) outside the allowed range specified in the service 
information identified in paragraphs (2) and (7) of EASA AD 2020-
0197, any wear or other damage (including, but not limited to, 
broken seals), and the presence of particles.
    (10) Where paragraph (12) of EASA AD 2020-0197 requires 
reporting results to the manufacturer ``as required by paragraphs 
(12.1) and (12.2) of this [EASA] AD'', for this AD, only report the 
inspection and check results specified in paragraph (12.1) of EASA 
AD 2020-0197. Submit the report at the applicable time specified in 
paragraph (h)(10)(i) or (ii) of this AD.
    (i) If the inspection or check was done on or after the 
effective date of this AD: Submit the report within 2 days after the 
inspection or check.
    (ii) If the inspection or check was done before the effective 
date of this AD: Submit the report within 2 days after the effective 
date of this AD.
    (11) Where paragraph (13) of EASA AD 2020-0197, and the service 
information specified in EASA AD 2020-0197, specify returning parts 
and grease containers to the manufacturer, this AD does not include 
those requirements.
    (12) Where EASA AD 2020-0197 requires compliance from March 20, 
2020 (the effective date of EASA AD 2020-0048, dated March 6, 2020), 
this AD requires using the effective date of this AD.
    (13) Where EASA AD 2020-0197 requires compliance from its 
effective date, this AD requires using the effective date of this 
AD.
    (14) This AD does not allow credit for the actions specified in 
EASA AD 2020-0197 if those actions were done using the service 
information specified in paragraphs (h)(14)(i) through (ix) of this 
AD:
    (i) Leonardo S.p.A. Emergency Alert Service Bulletin (EASB) 169-
148, dated May 29, 2019;
    (ii) Leonardo S.p.A. EASB 169-148, Revision A, dated September 
5, 2019;
    (iii) Leonardo S.p.A. EASB 169-148, Revision B, dated February 
4, 2020;
    (iv) Leonardo S.p.A. EASB 169-148, Revision C, dated April 6, 
2020;
    (v) Leonardo S.p.A. EASB 189-237, dated May 29, 2019;
    (vi) Leonardo S.p.A. EASB 189-237, Revision A, dated September 
5, 2019;
    (vii) Leonardo S.p.A. EASB 189-237, Revision B, dated February 
4, 2020;
    (viii) Leonardo S.p.A. EASB 189-237, Revision B, dated February 
4, 2020, with Errata Corrige;
    (ix) Leonardo S.p.A. EASB 189-237, Revision C, dated April 6, 
2020.

[[Page 57567]]

    (15) This AD does not require the ``Remarks'' section of EASA AD 
2020-0197.

 (i) 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 (j) 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.

 (j) 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].

(k) 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) European Union Aviation Safety Agency (EASA) AD 2020-0197, 
dated September 10, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0197, contact the 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 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. 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-
2021-0612.
    (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 September 23, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-22471 Filed 10-15-21; 8:45 am]
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