[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Rules and Regulations]
[Pages 70364-70366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26681]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0606; Project Identifier 2019-SW-070-AD; Amendment 
39-21832; AD 2021-24-11]
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 
certain Leonardo S.p.a. Model A109E, A109S, and AW109SP helicopters. 
This AD was prompted by reports of main landing gear (MLG) wheel 
assembly failure. This AD requires repetitive inspections of each 
affected MLG strut assembly and, depending on the findings, replacement 
of an affected MLG strut assembly with a serviceable assembly, or 
application of corrosion preventive compound, as specified in a 
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 January 14, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 14, 
2022.

ADDRESSES: For EASA 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 the EASA 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-2021-0606.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0606; 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 
EASA AD, 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: Darren Gassetto, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; telephone (516) 228-7323; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0182, dated July 26, 2019 (EASA 
AD 2019-0182), to correct an unsafe condition for Leonardo S.p.A. 
Helicopters, formerly Finmeccanica S.p.A. Helicopter Division, 
AgustaWestland S.p.A., Agusta S.p.A., Model A109E, A109LUH, A109S, and 
AW109SP helicopters, all serial numbers. Model A109LUH helicopters are 
not certificated by the FAA and are not included on the U.S. type 
certificate data sheet; this AD therefore does not include those 
helicopters in the applicability. Although EASA AD 2019-0182 applies to 
Model A109E, A109S and AW109SP helicopters, all manufacturer serial 
numbers, this AD applies to helicopters with an affected assembly 
installed.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to Leonardo S.p.a. Model 
A109E, A109S, and AW109SP helicopters, certificated in any category, 
with an affected assembly as identified in EASA AD 2019-0182. The NPRM 
published in the Federal Register on July 30, 2021 (86 FR 40964). The 
NPRM was prompted by reports of MLG wheel assembly failure on Model 
A109E helicopters. Subsequent investigations identified stress 
corrosion and hydrogen embrittlement on the threaded end of the MLG 
strut, where lack of cadmium plating was observed, and determined that 
a certain batch of ``enhanced'' MLGs may be affected. Due to design 
similarity Model A109S and AW109SP helicopters are also affected. The 
NPRM proposed to require repetitive inspections of each affected MLG 
strut assembly and, depending on the findings, replacement of an 
affected MLG strut assembly with a serviceable assembly, or application 
of corrosion preventive compound, as specified in EASA AD 2019-0182.
    The FAA is issuing this AD to address stress corrosion and hydrogen 
embrittlement on the threaded end of the MLG strut in the MLG wheel 
assembly. This condition, if not addressed, could lead to cracks on the 
affected MLG assembly, resulting in damage or failure of the MLG and 
consequent damage to the helicopter and injury to occupants. See EASA 
AD 2019-0182 for additional background information.

[[Page 70365]]

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from one commenter. The commenter was 
Air Methods Corporation. The following presents the comment received on 
the NPRM and the FAA's response to that comment.

Request To Allow Part Replacement

    Air Methods Corporation requested that paragraph (h)(6) of the 
proposed AD be revised to include an option so an operator can replace 
a part or assembly that has an inspection finding of ``questionable/
intermediate'' at the operator's discretion, instead of having to 
coordinate with the manufacturer. The commenter explained that the 
instructions for replacing a part or assembly that has a determinate 
inspection finding (for example, a crack) are already in the service 
information referenced in EASA AD 2019-0182 and these same instructions 
could be used for parts that have a ``questionable/intermediate'' 
inspection finding.
    The FAA partially agrees with the commenter's request and will 
provide clarification regarding the requirement specified in paragraph 
(h)(6) of this AD. The FAA identified an error in paragraph (h)(6) of 
the proposed AD that could have caused an operator to misinterpret when 
to contact the manufacturer for corrective action if there was an 
inspection finding of ``some burr'' from the liquid penetrant 
inspection specified in Annex A of the service information referenced 
in EASA AD 2019-0182. In the proposed AD, paragraph (h)(6) stated 
``Where Annex A of the service information referenced in EASA AD 2019-
0182 specifies to contact the manufacturer if there is any indication 
of cracking due to `some burr' . . . .'' This language should not have 
included ``of cracking'' because any burr indication finding requires 
contacting the manufacturer. The FAA has revised paragraph (h)(6) of 
this AD to remove the words ``of cracking.''
    The FAA does not agree with the commenter's request to provide an 
option for the removal and replacement of a part having an indication 
of ``some burr'', or signs of arcing or burning, without contacting the 
manufacturer. The FAA contacted EASA, the foreign authority that has 
State of Design for these helicopter models, and discussed an option to 
permit the replacement of a potentially discrepant component without 
contacting the manufacturer. Based upon this discussion the FAA 
concluded that the affected part is still under investigation and the 
manufacturer needs to gather additional information from operators to 
determine the extent of the identified conditions and if additional 
corrective actions are needed. The FAA has not changed this AD 
regarding this issue.

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, considered the comment received, and determined that air safety 
requires adopting this AD as proposed. Except for minor editorial 
changes, and any other changes described previously, this AD is 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 helicopters.

Related Service Information Under 1 CFR Part 51

    EASA AD 2019-0182 requires repetitive inspections of each affected 
MLG assembly and, depending on the findings, replacement of an affected 
MLG strut assembly with a serviceable assembly, or application of 
corrosion preventive compound. EASA AD 2019-0182 allows the 
installation of an affected MLG strut assembly on any helicopter, 
provided it is a serviceable assembly, as defined in EASA AD 2019-0182.
    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.

Costs of Compliance

    The FAA estimates that this AD affects 99 helicopters of U.S. 
Registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
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Inspection and application of     2 work-hours x $85  $17 per inspection  $187 per            $18,513 per
 corrosion protective compound.    per hour = $170     cycle.              inspection cycle.   inspection cycle.
                                   per inspection
                                   cycle.
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    The FAA estimates the following costs to do any necessary 
replacement actions 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
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
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Replacement of damaged MLG strut assembly.....  3 work-hours x $85 per hour =            $28,100         $28,355
                                                 $255.
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    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some 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

[[Page 70366]]

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:

2021-24-11 Leonardo S.p.a.: Amendment 39-21832 Docket No. FAA-2021-
0606; Project Identifier 2019-SW-070-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective January 14, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A109E, A109S, and 
AW109SP helicopters, certificated in any category, with an affected 
assembly as identified in European Union Aviation Safety Agency 
(EASA) AD 2019-0182, dated July 26, 2019 (EASA AD 2019-0182) 
installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 3213, Main Landing 
Gear Strut/Axle/Truck.

(e) Unsafe Condition

    This AD was prompted by reports of main landing gear (MLG) wheel 
assembly failure. The FAA is issuing this AD to address stress 
corrosion and hydrogen embrittlement on the threaded end of the MLG 
strut in the MLG wheel assembly. This condition, if not addressed, 
could lead to cracks on the affected MLG assembly, resulting in 
damage or failure of the MLG and consequent damage to the helicopter 
and injury to occupants.

(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 2019-0182.

(h) Exceptions to EASA AD 2019-0182

    (1) Where EASA AD 2019-0182 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2019-0182 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where the service information referenced in EASA AD 2019-
0182 specifies to return a certain part to the manufacturer, this AD 
does not include that requirement.
    (4) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2019-0182.
    (5) Where the service information referenced in EASA AD 2019-
0182 specifies to discard certain parts, this AD requires removing 
those parts from service.
    (6) Where Annex A of the service information referenced in EASA 
AD 2019-0182 specifies to contact the manufacturer if there is any 
indication due to ``some burr''; and Annex B of the service 
information specifies to contact the manufacturer if there are signs 
of arcing or burning on a part; before further flight, the 
instructions or corrective actions (including part replacement if 
necessary) must be accomplished using a method approved by the 
Manager, International Validation Branch, FAA; or EASA; or Leonardo 
S.p.A.'s EASA Design Organization Approval (DOA). If approved by the 
DOA, the approval must include the DOA-authorized signature.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0182 
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 Darren Gassetto, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7323; email [email protected].

(l) 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 Union Aviation Safety Agency (EASA) AD 2019-0182, 
dated July 26, 2019.
    (ii) [Reserved]
    (3) For EASA AD 2019-0182, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.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 at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2021-0606.
    (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 November 15, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-26681 Filed 12-9-21; 8:45 am]
BILLING CODE 4910-13-P