[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Proposed Rules]
[Pages 59890-59892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23510]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0948; Project Identifier MCAI-2020-00394-R]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. (Type Certificate 
Previously Held by Agusta S.p.A.) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Leonardo S.p.a. Model (type certificate previously held by 
Agusta S.p.A.) A109A and A109A II helicopters. This proposed AD was 
prompted by a report of internal corrosion on a main rotor (M/R) blade. 
This proposed AD would require repetitively inspecting affected M/R 
blades and accomplishing film analysis and repair in accordance with 
certain approved methods. 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 December 
13, 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 between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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://customerportal.leonardocompany.com/en-US/. 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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0948; 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 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: Kristi Bradley, Program Manager, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone (817) 222-5110; 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-2021-0948; Project Identifier 
MCAI-2020-00394-R'' 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://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 
Kristi Bradley, Program Manager, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness 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.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0065, dated March 20, 2020 
(EASA AD 2020-0065), to correct an unsafe condition for all Leonardo 
S.p.A., Agusta S.p.A., Costruzioni Aeronautiche Giovanni Agusta Model 
A109A and A109AII helicopters. EASA advises of a report of internal 
corrosion on an M/R blade. Leonardo Helicopters advises that the 
corrosion was on the spar near the inertia weights between STA1250 and 
STA1630. Leonardo Helicopters further advises that the issue is related 
to design and production processes of the M/R blades. This condition, 
if not addressed, could result in failure of an M/R blade and 
subsequent loss of control of the helicopter.
    Accordingly, EASA AD 2020-0065 requires inspecting M/R blades with 
part number (P/N) 109-0103-01-115 and depending on the results, 
corrective action. EASA AD 2020-0065 also prohibits installation of an 
affected M/R blade unless it passed the required

[[Page 59891]]

inspection within 24 months prior to installation on a helicopter.

FAA's Determination

    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 the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Leonardo Helicopters Alert Service Bulletin No. 
109-155, dated March 13, 2020 (ASB 109-155), for Leonardo S.p.a Model 
A109A and A109AII helicopters. This service information specifies 
procedures for X-ray inspecting M/R blades P/N 109-0103-01-115 and 
sending the films to Leonardo Helicopters S.p.a. for analysis. 
Depending on the outcome, ASB 109-155 specifies procedures for re-
identifying the M/R blades.
    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.

Proposed AD Requirements in This NPRM

    For each affected M/R blade, this proposed AD would require within 
50 hours time-in-service or 3 months after the effective date of this 
AD, whichever occurs first, unless already done within the last 24 
months for the M/R blade, and thereafter, at intervals not to exceed 24 
months for the M/R blade, radiographic inspecting the M/R blade and 
accomplishing film analysis and repair in accordance with certain 
approved methods.

Differences Between This Proposed AD and the EASA AD

    The compliance time in EASA AD 2020-0065 is time-in-service of the 
airframe, whereas the compliance time in this proposed AD would be 
time-in-service of the affected M/R blade as installed on the airframe. 
EASA AD 2020-0065 requires sending developed films to Leonardo 
Helicopters S.p.a. for analysis and contacting Leonardo for approved 
corrective action(s) instructions, whereas this proposed AD would 
require film analysis and repair of an affected blade in accordance 
with a method approved by the Manager, General Aviation & Rotorcraft 
Section, International Validation Branch, FAA; or EASA; or Leonardo 
S.p.a Helicopters' EASA Design Organization Approval (DOA). If approved 
by the DOA, the approval must include the DOA-authorized signature.

Interim Action

    The FAA considers this proposed AD interim action. The design 
approval holder is currently developing a modification that will 
address the unsafe condition identified in this proposed AD. Once this 
modification is developed, approved, and available, the FAA might 
consider additional rulemaking.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 28 helicopter of U.S. registry. Labor rates are estimated at $85 
per work-hour. Based on these numbers, the FAA estimates the following 
costs to comply with this proposed AD.
    Inspecting the M/R blades would take about 10 work-hours for an 
estimated cost of $850 per helicopter and $23,800 for the U.S. fleet, 
per inspection cycle. Sending the film for analysis, which is 
considered a reporting requirement in this proposed AD, would take 
about 1 work-hour for an estimated cost of $85 per helicopter and 
$2,380 for the U.S. fleet, per inspection cycle.
    The FAA has no way of determining the costs pertaining to the film 
analysis or any necessary repairs.

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 OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, 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 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, 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.

[[Page 59892]]

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

Leonardo S.p.a. (Type Certificate Previously Held by Agusta S.p.A.): 
Docket No. FAA-2021-0948; Project Identifier MCAI-2020-00394-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 13, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a (type certificate previously 
held by Agusta S.p.A.). Model A109A and A109A II helicopters, 
certificated in any category, with a main rotor (M/R) blade part 
number 109-0103-01-115 installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6210, Main Rotor 
Blades.

(e) Unsafe Condition

    This AD was prompted by a report of internal corrosion of the 
spar of an M/R blade. The FAA is issuing this AD to prevent failure 
of an M/R blade due to corrosion on the internal surface of the 
spar. 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

    For each M/R blade identified in paragraph (c) of this AD:
    (1) Within 50 hours time-in-service or 3 months after the 
effective date of this AD, whichever occurs first, unless already 
done within the last 24 months for the M/R blade, and thereafter, at 
intervals not to exceed 24 months for the M/R blade, inspect the M/R 
blade by following the Accomplishment Instructions, paragraphs 1. 
through 5., of Leonardo Helicopters Alert Service Bulletin No. 109-
155, dated March 13, 2020.
    (2) Before further flight, send the film for analysis and 
accomplish repair in accordance with a method approved by the 
Manager, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA; or EASA; or Leonardo S.p.a Helicopters' EASA 
Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.

(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 Kristi Bradley, 
Program Manager, COS Program Management Section, Operational Safety 
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
[email protected].
    (2) For 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://customerportal.leonardocompany.com/en-US/. You may view this 
referenced 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.
    (3) The subject of this AD is addressed in European Union 
Aviation Safety Agency (EASA) AD 2020-0065, dated March 20, 2020. 
You may view the EASA AD at https://www.regulations.gov in Docket 
No. FAA-2021-0948.

    Issued on October 22, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-23510 Filed 10-28-21; 8:45 am]
BILLING CODE 4910-13-P