Rule2021-17976
Airworthiness Directives; Leonardo S.p.a. Helicopters
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 20, 2021
Effective
September 7, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Leonardo S.p.a. Model A109C, A109K2, A109E, A109S, and AW109SP helicopters. This AD was prompted by a report of a crack on the tail rotor (TR) mast. This AD requires an inspection of certain TR sleeve assemblies for discrepancies, an inspection of certain TR shaft assemblies for discrepancies, a repetitive measurement of the position of the bushing of the TR sleeve assembly in relation to the pitch change slider assembly, and corrective actions if necessary, 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 159 (Friday, August 20, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Rules and Regulations]
[Pages 46766-46769]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17976]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0686; Project Identifier MCAI-2021-00687-R;
Amendment 39-21701; AD 2021-17-18]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Leonardo S.p.a. Model A109C, A109K2, A109E, A109S, and AW109SP
helicopters. This AD was prompted by a report of a crack on the tail
rotor (TR) mast. This AD requires an inspection of certain TR sleeve
assemblies for discrepancies, an inspection of certain TR shaft
assemblies for discrepancies, a repetitive measurement of the position
of the bushing of the TR sleeve assembly in relation to the pitch
change slider assembly, and corrective actions if necessary, 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 becomes effective September 7, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September 7,
2021.
The FAA must receive comments on this AD by October 4, 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 material incorporated by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49
221 8999 000; email: <a href="/cdn-cgi/l/email-protection#e2a3a691a287839183cc8797908d9283cc8797"><span class="__cf_email__" data-cfemail="e2a3a691a287839183cc8797908d9283cc8797">[email protected]</span></a>; internet: www.easa.europa.eu.
You may find this 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. It is also available in the AD
docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for
and locating Docket No. FAA-2021-0686.
Examining the AD Docket
You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0686; 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 AD, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; phone: (516) 228-7330;
email: <a href="/cdn-cgi/l/email-protection#98f9f6fceafdf9b6f2f1f5fdf6fde2d8fef9f9b6fff7ee"><span class="__cf_email__" data-cfemail="82e3ece6f0e7e3ace8ebefe7ece7f8c2e4e3e3ace5edf4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0144, dated June 17, 2021 (EASA
AD 2021-0144) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Leonardo S.p.a. Model A109C, A109K2, A109E, A109S, and AW109SP
helicopters.
This AD was prompted by a report of a crack on the TR mast. The FAA
is issuing this AD to address cracking on the TR mast, which could lead
to failure of the TR mast, with consequent loss of control of the
helicopter. See the MCAI for additional background information.
Related IBR Material Under 1 CFR Part 51
EASA AD 2021-0144 specifies procedures for an inspection of certain
TR sleeve assemblies for discrepancies; an inspection of certain TR
shaft assemblies for abnormal wear condition, corrosion, fretting,
crack, and damage; a repetitive measurement of the position of the
bushing of the TR sleeve assembly in relation to the pitch change
slider assembly for any dimensional change; a repetitive inspection of
a certain inspection area of the TR gearbox for discrepancies; and
corrective actions. 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 products have been approved by the aviation authority of
another country, and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the State of Design
Authority, the FAA has been notified of the unsafe condition described
in the MCAI referenced above. The FAA is issuing this AD after
evaluating all pertinent information and determining that the unsafe
condition exists and is likely to exist or develop on other products of
the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2021-0144, described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD and except as discussed under ``Differences Between this AD and
the MCAI.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities to use this process. As a result, EASA AD 2021-0144 is
incorporated by reference in this FAA final rule. This AD, therefore,
requires compliance with EASA AD 2021-0144 in its entirety, through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this AD. Using common terms that are the same
as the heading of a particular section in the EASA AD 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
[[Page 46767]]
this AD requirement is not limited to the section titled ``Required
Action(s) and Compliance Time(s)'' in the EASA AD. Service information
specified in EASA AD 2021-0144 that is required for compliance with
EASA AD 2021-0144 is available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0686.
Differences Between This AD and the MCAI
Paragraph (1) of EASA AD 2021-0144 specifies the inspection must be
done within 25 flight hours or 3 months, whichever occurs first.
However, this AD requires the inspection to be done within 25 hours
time-in-service after the effective date of this AD.
Paragraphs (5) and (9) of EASA AD 2021-0144 require a repetitive
inspection and corrective actions. The FAA is considering requiring
these actions. However, the planned compliance time would allow enough
time to provide notice and opportunity for prior public comment on the
merits of those actions.
Interim Action
The FAA considers this AD 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. Additionally, the FAA is considering further rulemaking to
require the repetitive inspections and corrective actions specified in
paragraphs (5) and (9) of EASA AD 2021-0144.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without seeking comment prior to
issuance. Further, section 553(d) of the APA authorizes agencies to
make rules effective in less than thirty days, upon a finding of good
cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because cracking on the TR mast could lead to failure of the TR mast,
with consequent loss of control of the helicopter. Additionally, based
on the average flight-hour utilization rates of these helicopters, the
initial inspections must be completed within about 2 months.
Accordingly, the compliance time for the required action is shorter
than the time necessary for the public to comment and for publication
of the final rule. Therefore, notice and opportunity for prior public
comment are impracticable and contrary to the public interest pursuant
to 5 U.S.C. 553(b)(3)(B). In addition, the FAA finds that good cause
exists pursuant to 5 U.S.C. 553(d) for making this amendment effective
in less than 30 days, for the same reasons the FAA found good cause to
forego notice and comment.
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0686; Project Identifier MCAI-
2021-00687-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the AD, 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
AD 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 AD.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Andrea
Jimenez, Aerospace Engineer, COS Program Management Section,
Operational Safety Branch, FAA, 1600 Stewart Ave., Suite 410, Westbury,
NY 11590; phone: (516) 228-7330; email: <a href="/cdn-cgi/l/email-protection#6d0c03091f080c43070400080308172d0b0c0c430a021b"><span class="__cf_email__" data-cfemail="71101f150314105f1b181c141f140b311710105f161e07">[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.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 133 helicopters of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Inspections/Measurements........ Up to 6 work-hours x $85 $0 Up to $510 per Up to $67,830 per
per hour = $510 per inspection/ inspection/
inspection/measurement measurement cycle. measurement
cycle. cycle.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition actions (replacements, repairs, and reporting) that would be
required based on the results of any required actions. The FAA has no
way of determining the
[[Page 46768]]
number of helicopters that might need these on-condition actions:
Estimated Costs of On-Condition Actions *
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Replacements............................... 19 work-hours x $85 per hour = $88,760 $90,375
$1,615.
Reporting.................................. 1 work-hour x $85 per hour = $85... 0 85
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost estimates for the on-condition repairs
specified in this AD.
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.
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 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 control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to
Information Collection Clearance Officer, Federal Aviation
Administration, 10101 Hillwood Pkwy., 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 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 this regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
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:
2021-17-18 Leonardo S.p.a.: Amendment 39-21701; Docket No. FAA-2021-
0686; Project Identifier MCAI-2021-00687-R.
(a) Effective Date
This airworthiness directive (AD) becomes effective September 7,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model A109C, A109K2, A109E,
A109S, and AW109SP helicopters, certificated in any category, all
serial numbers.
(d) Subject
Joint Aircraft System Component (JASC) Code 6400, Tail Rotor
System.
(e) Unsafe Condition
This AD was prompted by a report of a crack on the tail rotor
(TR) mast. The FAA is issuing this AD to address cracking on the TR
mast, which could lead to failure of the TR mast, with consequent
loss of 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, European Union Aviation Safety Agency (EASA) AD
2021-0144, dated June 17, 2021 (EASA AD 2021-0144).
(h) Exceptions to EASA AD 2021-0144
(1) Where EASA AD 2021-0144 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2021-0144 does not apply
to this AD.
(3) Where EASA AD 2021-0144 refers to flight hours (FH), this AD
requires using hours time-in-service.
(4) Where paragraph (1) of EASA AD 2021-0144 specifies a
compliance time of 25 FH or 3 months, whichever occurs first, this
AD requires compliance within 25 hours time-in-service after the
effective date of this AD.
(5) Where Note 1 of EASA AD 2021-0144 specifies a tolerance of
30 FH, this AD does not allow a tolerance.
(6) Where paragraph (6) of EASA AD 2021-0144 states the term
``discrepancies,'' for the purposes of this AD discrepancies include
dents, corrosion, elongation, scratches, wear, excessive wear (web
visible), fretting, or stepping.
(7) Where paragraph (7) of EASA AD 2021-0144 states the term
``discrepancies,'' for the purposes of this AD discrepancies include
abnormal wear condition, corrosion, fretting, crack, or damage
(including dents, elongation, scratches, or stepping).
(8) Paragraphs (5) and (9) of EASA AD 2021-0144 do not apply to
this AD.
[[Page 46769]]
(9) Where EASA AD 2021-0144 defines ``serviceable part,'' and
that definition specifies instructions that are ``approved under
Leonardo Design Organization Approval (DOA) or by EASA,'' for this
AD, the repair must be accomplished using a method approved by the
Manager, General Aviation and Rotorcraft Section, International
Validation Branch, FAA; or EASA; or Leonardo S.p.a.'s EASA DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.
(10) Where Note 2, and paragraph (7) of EASA AD 2021-0144
specify instructions that are ``approved under Leonardo DOA or by
EASA,'' for this AD, the repair must be accomplished using a method
approved by the Manager, General Aviation and Rotorcraft Section,
International Validation Branch, FAA; or EASA; or Leonardo S.p.a.'s
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
(11) Where the service information referenced in EASA AD 2021-
0144 specifies to contact the manufacturer for corrective action,
this AD requires the repair to be done in accordance with a method
approved by the Manager, General Aviation and Rotorcraft Section,
International Validation Branch, FAA; or EASA; or Leonardo S.p.a.'s
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
(12) Where the service information referenced in EASA AD 2021-
0144 specifies to discard a certain part, this AD requires removing
that part from service.
(i) Special Flight Permit
Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the helicopter to a location where the
actions of this AD can be performed, 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) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#536a7e1205007e121a017e6460637e121e1c10133532327d343c25"><span class="__cf_email__" data-cfemail="6e57432f383d432f273c43595d5e432f23212d2e080f0f40090118">[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
For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; phone: (516) 228-7330; email: <a href="/cdn-cgi/l/email-protection#6809060c1a0d09460201050d060d12280e0909460f071e"><span class="__cf_email__" data-cfemail="fd9c93998f989cd397949098939887bd9b9c9cd39a928b">[email protected]</span></a>.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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 2021-0144,
dated June 17, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0144, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email:
<a href="/cdn-cgi/l/email-protection#d79693a497b2b6a4b6f9b2a2a5b8a7b6f9b2a2"><span class="__cf_email__" data-cfemail="2160655261444052400f4454534e51400f4454">[email protected]</span></a>; internet: www.easa.europa.eu. You may find this
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
(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 on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2021-0686.
(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
<a href="/cdn-cgi/l/email-protection#8ee8fca0e7e0fdfeebedfae7e1e0cee0effcefa0e9e1f8"><span class="__cf_email__" data-cfemail="7b1d09551215080b1e180f1214153b151a091a551c140d">[email protected]</span></a>, or go to <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on August 13, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-17976 Filed 8-18-21; 11:15 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 20, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.