[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Proposed Rules]
[Pages 62744-62746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24538]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0964; Project Identifier 2018-SW-051-AD]
RIN 2120-AA64


Airworthiness Directives; Leonardo 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 all Leonardo S.p.a. Model AB139 and AW139 helicopters. This 
proposed AD was prompted by the identification of certain parts needing 
maintenance actions, including life limits and maintenance tasks. This 
proposed AD would require incorporating into maintenance records 
requirements (airworthiness limitations), 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 December 
27, 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 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 material on the EASA website at https://ad.easa.europa.eu. 
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-2021-0964; 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: 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-2021-0964; Project Identifier 
2018-SW-051-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://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

[[Page 62745]]

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

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0132, dated June 21, 2018 (EASA 
AD 2018-0132) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Leonardo S.p.A. Model AB139 and AW139 helicopters.
    This proposed AD was prompted by the identification of certain 
parts needing maintenance actions, including life limits and 
maintenance tasks. The FAA is proposing this AD to address the failure 
of certain parts, which could result in the loss of control of the 
helicopter. See EASA AD 2018-0132 for additional background 
information.

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 these same type designs.

Related Service Information Under 1 CFR Part 51

    EASA AD 2018-0132 requires certain actions and associated 
thresholds and intervals, including life limits and maintenance tasks. 
These requirements (airworthiness limitations) include new life limits 
for a certain part-numbered main rotor damper, tail gear box center 
housing, and tail assembly; and new maintenance tasks (e.g., 
inspections for cracking) for the fuselage structure assembly (STA 
5700, RH/LH side), and tail structure assembly (tail/rear fuselage 
attachment fittings).

Proposed AD Requirements in This NPRM

    This proposed AD would require incorporating into maintenance 
records requirements (airworthiness limitations), which are specified 
in EASA AD 2018-0132 described previously, except as discussed under 
``Differences Between this Proposed AD and the MCAI.''

ADs Mandating Airworthiness Limitations

    The FAA has previously mandated airworthiness limitations by 
mandating each airworthiness limitation task (e.g., inspections and 
replacements (life limits)) as an AD requirement or issuing ADs that 
require revising the airworthiness limitations section (ALS) of the 
existing maintenance manual or instructions for continued airworthiness 
to incorporate new or revised inspections and life limits. This 
proposed AD, however, would require operators to incorporate into 
maintenance records required by 14 CFR 91.417(a)(2) or 135.439(a)(2), 
as applicable for your rotorcraft, the requirements (airworthiness 
limitations) specified in an MCAI AD. The FAA does not intend this as a 
substantive change. For these ADs, the ALS requirements for operators 
are the same but are complied with differently. Requiring the 
incorporation of the new ALS requirements into the maintenance records, 
rather than requiring individual ALS tasks (e.g., repetitive 
inspections and replacements), requires operators to record AD 
compliance once after updating the maintenance records, rather than 
after every time the ALS task is completed.
    In addition, paragraph (h) of the proposed AD allows operators to 
incorporate later approved revisions of the ALS document as specified 
in the Ref. Publications section of EASA AD 2018-0132 without the need 
for an alternative method of compliance (AMOC).

Differences Between This Proposed AD and the MCAI

    Paragraph (1) of EASA AD 2018-0132 requires compliance with actions 
and associated thresholds and intervals, including life limits and 
maintenance tasks, from the effective date of EASA AD 2018-0132. 
Paragraph (3) of EASA AD 2018-0132 requires incorporating the actions 
and associated thresholds and intervals, including life limits and 
maintenance tasks, into the approved maintenance program within 12 
months after the effective date of EASA AD 2018-0132. This proposed AD 
requires incorporating into maintenance records requirements 
(airworthiness limitations) within 30 days after the effective date of 
this AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 130 helicopters 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. Incorporating 
requirements (airworthiness limitations) into maintenance records would 
require about 2 work-hours for a cost of $170 per helicopter and a cost 
of $22,100 for the U.S. fleet.

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.

[[Page 62746]]

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-2021-0964; Project Identifier 2018-
SW-051-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 27, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model AB139 and AW139 
helicopters, certificated in any category.

 (d) Subject

    Joint Aircraft Service Component (JASC) Code: 5101, Aircraft 
Structures; and 6300, Main Rotor Drive Systems.

(e) Unsafe Condition

    This AD was prompted by the identification of certain parts 
needing maintenance actions, including life limits and maintenance 
tasks. The FAA is issuing this AD to address the failure of certain 
parts, which could result in the loss of control of the helicopter.

(f) Compliance

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

(g) Required Action

    Within 30 days after the effective date of this AD, incorporate 
into maintenance records required by 14 CFR 91.417(a)(2) or 
135.439(a)(2), as applicable for your rotorcraft, the requirements 
(airworthiness limitations) specified in paragraph (1) of European 
Aviation Safety Agency (now European Union Aviation Safety Agency) 
(EASA) AD 2018-0132, dated June 21, 2018 (EASA AD 2018-0132).

(h) Provisions for Alternative Requirements (Airworthiness Limitations)

    After the action required by paragraph (g) of this AD has been 
done, no alternative requirements (airworthiness limitations) are 
allowed unless they are approved as specified in the provisions of 
the ``Ref. Publications'' section of EASA AD 2018-0132.

(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)(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.

(j) Related Information

    (1) For information about EASA AD 2018-0132, 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. 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-2021-0964.
    (2) 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].

    Issued on November 4, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-24538 Filed 11-10-21; 8:45 am]
BILLING CODE 4910-13-P