[Federal Register Volume 87, Number 54 (Monday, March 21, 2022)]
[Proposed Rules]
[Pages 15899-15902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05588]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0283; Project Identifier MCAI-2021-01285-R]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Leonardo S.p.a. Model AB139 and AW139 helicopters. This 
proposed AD was prompted by a large crack detected on the tail gearbox 
(TGB) fitting during a scheduled inspection and the determination that 
certain TGB fittings are required to be inspected by the use of a 
borescope. This proposed AD would require a one-time borescope 
inspection of certain part-numbered TGB fittings, and depending on the 
inspection results, removing the affected part from service and 
replacing with an airworthy part, as specified in a 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 May 5, 
2022.

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.

[[Page 15900]]

     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 above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA 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 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. This material is also 
available at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0283.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0283; 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: 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:

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-2022-0283; Project Identifier 
MCAI-2021-01285-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 
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]. Any commentary that the FAA 
receives that 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 2021-0259, dated November 17, 2021 
and corrected November 22, 2021 (EASA AD 2021-0259), to correct an 
unsafe condition for Leonardo S.p.A. Helicopters, formerly Finmeccanica 
S.p.A, AgustaWestland S.p.A., Agusta S.p.A.; and AgustaWestland 
Philadelphia Corporation, formerly Agusta Aerospace Corporation, Model 
AB139 and AW139 helicopters, all serial numbers.
    EASA advises that during a scheduled inspection of a Model AW139 
helicopter, a large crack was detected on the inner forward-right side 
of TGB fitting part number 3G5351A01151. EASA further advises that 
investigation results determined previous inspections on the inner-
right side of the TGB fitting were accomplished without the use of a 
borescope. The FAA is proposing this AD to detect cracks on the TGB 
fitting. The unsafe condition, if not addressed, could result in crack 
propagation up to a critical length, reduced load capability of the TGB 
and tail rotor, and subsequent reduced control of the helicopter. See 
EASA AD 2021-0259 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0259 specifies procedures, within the applicable 
compliance times, for a one-time borescope inspection of certain TGB 
fittings for a crack or any discrepancy, and replacement of an affected 
part with a new part as specified in the manufacturer's service 
information.
    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.

Other Related Service Information

    The FAA also reviewed Leonardo Helicopters Alert Service Bulletin 
No.139-686, dated November 8, 2021 (ASB 139-686). This service 
information specifies procedures for borescope inspecting the right-
hand and forward parts of certain TGB fittings for any cracks or damage 
and replacing the TGB fitting with a new one, if any cracks or damage 
are detected. ASB 139-686 also specifies procedures for reporting 
inspection results if a crack or discrepancy is detected.

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 designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0259, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed AD and EASA AD 2021-0259.''

[[Page 15901]]

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2021-0259 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0259 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2021-0259 does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0259. Service information referenced in EASA AD 2021-0259 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0283 after the FAA final 
rule is published.

Differences Between This Proposed AD and EASA AD 2021-0259

    EASA AD 2021-0259 applies to Model AB139 and AW139 helicopters, all 
serial numbers, whereas this proposed AD would only apply to Model 
AB139 and AW139 helicopters with certain part-numbered TGB fittings 
installed. This proposed AD would not require compliance with paragraph 
(3) of EASA AD 2021-0259.
    Service information referenced in EASA AD 2021-0259 specifies that 
if any crack or damage is found, replace the damaged TGB fitting with a 
new one, whereas this proposed AD would require before further flight, 
removing the affected TGB fitting from service and replacing with an 
airworthy part.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 129 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.
    Borescope inspecting the TGB fitting for a crack and any 
discrepancy (i.e., damage) would take about 4 work-hours for an 
estimated cost of $340 per helicopter and $43,860 for the U.S. fleet.
    Replacing the TGB fitting with an airworthy TGB fitting would take 
about 36 work-hours and parts would cost about $6,650 for an estimated 
cost of $9,710 per replacement.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this 
proposed 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

    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 above, 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.


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-2022-0283; Project Identifier MCAI-
2021-01285-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 5, 2022.

(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 Union Aviation Safety Agency (EASA) AD 2021-
0259, dated November 17, 2021, and corrected November 22, 2021 (EASA 
AD 2021-0259).

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 5300, Fuselage 
Structure.

(e) Unsafe Condition

    This AD was prompted by a large crack detected on the tail 
gearbox (TGB) fitting during a scheduled inspection and the 
determination that certain TGB fittings are required to be inspected 
by the use of a borescope. The FAA is issuing this AD to detect 
cracks on the TGB fitting. The unsafe condition, if not addressed, 
could result in crack propagation up to a critical length, reduced 
load capability of the TGB and tail rotor, and subsequent reduced 
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 2021-0259.

(h) Exceptions to EASA AD 2021-0259

    (1) Where EASA AD 2021-0259 requires compliance in terms of 
flight hours (FH), this AD requires using hours time-in-service.
    (2) Where EASA AD 2021-0259 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2021-0259 specifies 
``inspect, using a borescope,

[[Page 15902]]

the affected part in accordance with the instructions of Section 3 
Part I of the ASB,'' for this AD replace ``in accordance with the 
instructions of Section 3 Part I of the ASB'' with ``in accordance 
with the Accomplishment Instructions, Section 3 Part I, paragraphs 
5. through 5.5 of the ASB.''
    (4) Where paragraph (2) of EASA AD 2021-0259 specifies ``if, 
during the inspection as required by paragraph (1) this AD, a crack 
or any discrepancy is detected, replace the affected part in 
accordance with the instructions of Section 3 Part II of the ASB,'' 
this AD requires before further flight, removing the TGB fitting 
from service and replacing with an airworthy part, if any crack or 
discrepancy is detected. For this AD, discrepancies include damage, 
which includes scratches and dents on the outer surfaces of the 
forward and right-hand sides of the TGB fitting above the horizontal 
row of fastener holes. The instructions specified in paragraph (2) 
of EASA AD 2021-0259 are for reference only and are not required for 
the replacement required by this paragraph.
    (5) Where paragraph (4) of EASA AD 2021-0259 allows 
(re)installing an affected part provided it is inspected as required 
by paragraph (1) of EASA AD 2021-0259, for this AD, the inspected 
part cannot be (re)installed if any crack or discrepancy is 
detected.
    (6) This AD does not mandate compliance with paragraph (3) of 
EASA AD 2021-0259.
    (7) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0259.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199, provided no passengers are onboard.

(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)(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.

(k) Related Information

    (1) For EASA AD 2021-0259, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.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-2022-0283.
    (2) 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].

    Issued on March 10, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-05588 Filed 3-18-22; 8:45 am]
BILLING CODE 4910-13-P