Proposed Rule2021-16169
Airworthiness Directives; Leonardo S.p.a. Helicopters
Primary source
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Published
July 30, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Leonardo S.p.a. Model A109E, A109S, and AW109SP helicopters. This proposed AD was prompted by reports of main landing gear (MLG) wheel assembly failure. This proposed AD would 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 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.
Full Text
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<title>Federal Register, Volume 86 Issue 144 (Friday, July 30, 2021)</title>
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[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Proposed Rules]
[Pages 40964-40967]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16169]
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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]
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 A109E, A109S, and AW109SP
helicopters. This proposed AD was prompted by reports of main landing
gear (MLG) wheel assembly failure. This proposed AD would 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
[[Page 40965]]
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 September
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:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#d49590a794b1b5a7b5fab1a1a6bba4b5fab1a1"><span class="__cf_email__" data-cfemail="b4f5f0c7f4d1d5c7d59ad1c1c6dbc4d59ad1c1">[email protected]</span></a>; internet www.easa.europa.eu. You
may find this IBR material on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 EASA material is also
available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating
Docket No. FAA-2021-0606.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 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; telephone (516) 228-7323; email <a href="/cdn-cgi/l/email-protection#f7b39685859299d9b096848492838398b7919696d9909881"><span class="__cf_email__" data-cfemail="9dd9fcefeff8f3b3dafceeeef8e9e9f2ddfbfcfcb3faf2eb">[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-2021-0606; Project Identifier
2019-SW-070-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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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; telephone (516) 228-
7323; email <a href="/cdn-cgi/l/email-protection#1c587d6e6e7972325b7d6f6f796868735c7a7d7d327b736a"><span class="__cf_email__" data-cfemail="3276534040575c1c755341415746465d725453531c555d44">[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
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 proposed AD would apply to helicopters with an affected
assembly installed.
This proposed AD 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 FAA is proposing 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.
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 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
[[Page 40966]]
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 2019-0182, 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 2019-0182 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2019-0182 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 2019-0182 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 2019-
0182. Service information required by EASA AD 2019-0182 for compliance
will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA-2021-0606 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 99 helicopters of U.S. registry. The FAA estimates the following
costs to comply with this proposed 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
proposed 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
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:
[[Page 40967]]
Leonardo S.p.a.: Docket No. FAA-2021-0606; Project Identifier 2019-
SW-070-AD.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 13, 2021.
(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 refers to flight hours (FH), 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, this AD does not include
that requirement.
(4) The ``Remarks'' section of EASA AD 2019-0182 does not apply
to this AD.
(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 of cracking 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)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#e8d1c5a9bebbc5a9a1bac5dfdbd8c5a9a5a7aba88e8989c68f879e"><span class="__cf_email__" data-cfemail="2f16026e797c026e667d02181c1f026e62606c6f494e4e01484059">[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 2019-0182, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#77363304371216041659120205180716591202"><span class="__cf_email__" data-cfemail="3071744370555143511e5545425f40511e5545">[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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2021-0606.
(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; telephone (516) 228-
7323; email <a href="/cdn-cgi/l/email-protection#286c495a5a4d46066f495b5b4d5c5c47684e4949064f475e"><span class="__cf_email__" data-cfemail="98dcf9eaeafdf6b6dff9ebebfdececf7d8fef9f9b6fff7ee">[email protected]</span></a>.
Issued on July 21, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-16169 Filed 7-29-21; 8:45 am]
BILLING CODE 4910-13-P
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