[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Proposed Rules]
[Pages 44657-44660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17046]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0659; Project Identifier 2018-SW-112-AD]
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 all Leonardo S.p.a. Model A109A, A109A II, A109C, A109E, A109K2, 
A109S, AW109SP, A119, and AW119 MKII helicopters. This proposed AD was 
prompted by a report of damage to a rigid connecting link (rod), and 
loosening of the nut on the upper rod end. This proposed AD would 
require a visual inspection of the affected rods for damage, cracks, or 
abnormal play, and corrective actions if necessary, 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 September 
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:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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; phone: +49 221 
8999 000; email: <a href="/cdn-cgi/l/email-protection#3071744370555143511e5545425f40511e5545"><span class="__cf_email__" data-cfemail="bcfdf8cffcd9ddcfdd92d9c9ced3ccdd92d9c9">[email protected]</span></a>; internet www.easa.europa.eu. You 
may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Office of the 
Regional Counsel,

[[Page 44658]]

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-2021-
0659.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0659; 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: Darren Gassetto, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; phone: (516) 228-7323; email: <a href="/cdn-cgi/l/email-protection#e8ac899a9a8d86c6af899b9b8d9c9c87a88e8989c68f879e"><span class="__cf_email__" data-cfemail="286c495a5a4d46066f495b5b4d5c5c47684e4949064f475e">[email protected]</span></a>.

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-2021-0659; Project Identifier 
2018-SW-112-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 under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Darren Gassetto, Aerospace Engineer, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
1600 Stewart Ave., Suite 410, Westbury, NY 11590; phone: (516) 228-
7323; email: <a href="/cdn-cgi/l/email-protection#de9abfacacbbb0f099bfadadbbaaaab19eb8bfbff0b9b1a8"><span class="__cf_email__" data-cfemail="3e7a5f4c4c5b5010795f4d4d5b4a4a517e585f5f10595148">[email protected]</span></a>. Any commentary that the FAA 
receives that 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 2018-0280, dated December 17, 2018 
(EASA AD 2018-0280), to correct an unsafe condition for Leonardo S.p.a. 
(formerly Finmeccanica S.p.A., AgustaWestland S.p.A., Agusta S.p.A.; 
and AgustaWestland Philadelphia Corporation, formerly Agusta Aerospace 
Corporation) Model A109A, A109A II, A109C, A109E, A109K2, A109S, 
A109LUH, AW109SP, A119, and AW119 MKII helicopters. 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.
    This proposed AD was prompted by a report of damage to a rod, and 
loosening of the nut on the upper rod end. The FAA is proposing this AD 
to address damage to the rod, and loosening of the nut on the upper rod 
end, which could result in failure of the rod, possibly resulting in 
reduced control of the helicopter. See EASA AD 2018-0280 for additional 
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2018-0280 requires a visual inspection of the affected rods 
for damage, cracks, or evidence of abnormal play, and, depending on 
findings, any applicable corrective actions (which include replacing 
damaged or cracked connecting links and actions to address abnormal 
play).
    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.

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.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2018-0280, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD.

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 2018-0280 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2018-0280 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 2018-0280 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 2018-
0280. Service information required by EASA AD 2018-0280 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0659 after the FAA final rule is 
published.

[[Page 44659]]

Interim Action

    The FAA considers this proposed AD would be an interim action. The 
inspection reports that are required by this AD will enable the 
manufacturer to obtain better insight into the nature, cause, and 
extent of the cracking, and eventually to develop final action to 
address the unsafe condition. Once final action has been identified, 
the FAA might consider further rulemaking.

Costs of Compliance

    The FAA estimates that this proposed AD affects 291 helicopters of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $24,735
----------------------------------------------------------------------------------------------------------------

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the proposed reporting requirement in this proposed AD. 
The average labor rate is $85 per hour. Based on these figures, the FAA 
estimates the cost of reporting the inspection results on U.S. 
operators to be $24,735, or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition replacements that would be required based on the results of 
any required inspections. The FAA has no way of determining the number 
of aircraft that might need these on-condition replacements:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                             Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255......  Up to $2,351......................  Up to $2,606.
----------------------------------------------------------------------------------------------------------------

    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.

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 a 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 take 
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 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-2021-0659; Project Identifier 2018-
SW-112-AD.

(a) Comments Due Date

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

[[Page 44660]]

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A109A, A109A II, A109C, 
A109E, A109K2, A109S, AW109SP, A119, and AW119 MKII helicopters, 
certificated in any category, with an affected part as identified in 
European Aviation Safety Agency (now European Union Aviation Safety 
Agency) (EASA) AD 2018-0280, dated December 17, 2018 (EASA AD 2018-
0280).

(d) Subject

    Joint Aircraft Service Component (JASC) Codes: 6700, Rotorcraft 
Flight Control; 6730, Rotorcraft Servo System.

(e) Unsafe Condition

    This AD was prompted by a report of damage to a rigid connecting 
link (rod), and loosening of the nut on the upper rod end. The FAA 
is issuing this AD to address damage to the rod, and loosening of 
the nut on the upper rod end. The unsafe condition, if not 
addressed, could result in failure of the rod, possibly resulting in 
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 2018-0280.

(h) Exceptions to EASA AD 2018-0280

    (1) Where EASA AD 2018-0280 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2018-0280 requires compliance from its 
effective date, this AD requires using the effective date of this 
AD.
    (3) Where EASA AD 2018-0280 specifies action if ``any 
discrepancy'' is found, for this AD, discrepancies include damage, 
cracks, and evidence of abnormal play.
    (4) Where the service information specified in EASA AD 2018-0280 
specifies to ``replace the damaged connecting link'', for this AD, 
if any damage or cracks are found, remove the rod from service.
    (5) Where the service information specified in EASA AD 2018-0280 
specifies to ``contact Leonardo Helicopters'' if abnormal play is 
detected, for this AD if any abnormal play is detected, corrective 
action 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.
    (6) Where EASA AD 2018-0280 requires reporting inspection 
results to Leonardo S.p.a. within 14 days after the effective date 
of EASA AD 2018-0280, this AD requires reporting inspection results 
at the applicable time in paragraph (h)(6)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 14 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 14 days after the effective date 
of this AD.
    (7) This AD does not require the ``Remarks'' section of EASA AD 
2018-0280.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and 
21.199, are not allowed.

(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: <a href="/cdn-cgi/l/email-protection#d1e8fc908782fc909883fce6e2e1fc909c9e9291b7b0b0ffb6bea7"><span class="__cf_email__" data-cfemail="96afbbd7c0c5bbd7dfc4bba1a5a6bbd7dbd9d5d6f0f7f7b8f1f9e0">[email protected]</span></a>.
    (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 2018-0280, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; phone: +49 221 8999 000; email: 
<a href="/cdn-cgi/l/email-protection#6f2e2b1c2f0a0e1c0e410a1a1d001f0e410a1a"><span class="__cf_email__" data-cfemail="4405003704212537256a2131362b34256a2131">[email protected]</span></a>; 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-2021-0659.
    (2) 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; phone: (516) 228-7323; 
email: <a href="/cdn-cgi/l/email-protection#eca88d9e9e8982c2ab8d9f9f89989883ac8a8d8dc28b839a"><span class="__cf_email__" data-cfemail="dd99bcafafb8b3f39abcaeaeb8a9a9b29dbbbcbcf3bab2ab">[email protected]</span></a>.

    Issued on August 4, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-17046 Filed 8-12-21; 8:45 am]
BILLING CODE 4910-13-P


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