Proposed Rule2021-18257
Airworthiness Directives; Leonardo S.p.a. Helicopters
Primary source
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Published
August 25, 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 helicopters. This proposed AD was prompted by reports that certain tail rotor gearbox assemblies were installed on Model A109E helicopters and those parts are not approved for installation on that helicopter model. Because those assemblies are not part of the type design for Model A109E helicopters, there are no overhaul or life limits included in the applicable maintenance manuals. This proposed AD would require replacement of each affected tail rotor gearbox assembly with a serviceable 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.
Full Text
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<title>Federal Register, Volume 86 Issue 162 (Wednesday, August 25, 2021)</title>
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[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Proposed Rules]
[Pages 47427-47429]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18257]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0695; Project Identifier MCAI-2021-00096-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 A109E helicopters. This proposed AD
was prompted by reports that certain tail rotor gearbox assemblies were
installed on Model A109E helicopters and those parts are not approved
for installation on that helicopter model. Because those assemblies are
not part of the type design for Model A109E helicopters, there are no
overhaul or life limits included in the applicable maintenance manuals.
This proposed AD would require replacement of each affected tail rotor
gearbox assembly with a serviceable 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 October 12,
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#5011142310353123317e3525223f20317e3525"><span class="__cf_email__" data-cfemail="b6f7f2c5f6d3d7c5d798d3c3c4d9c6d798d3c3">[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. The 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-2021-0695.
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-2021-0695; 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 <a href="/cdn-cgi/l/email-protection#33525d574156521d595a5e565d5649735552521d545c45"><span class="__cf_email__" data-cfemail="80e1eee4f2e5e1aeeae9ede5eee5fac0e6e1e1aee7eff6">[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-2021-0695; Project Identifier
MCAI-2021-00096-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
<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
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 <a href="/cdn-cgi/l/email-protection#3d5c53594f585c13575450585358477d5b5c5c135a524b"><span class="__cf_email__" data-cfemail="ceafa0aabcabafe0a4a7a3aba0abb48ea8afafe0a9a1b8">[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 2021-0031, dated January 22, 2021
(EASA AD 2021-0031), to correct an unsafe condition for Leonardo
S.p.A., formerly Finmeccanica S.p.A., AgustaWestland S.p.A., and Agusta
S.p.A., Model A109E helicopters, all serial numbers up to 11160
inclusive.
[[Page 47428]]
This proposed AD was prompted by reports that certain tail rotor
gearbox assemblies were installed on Model A109E helicopters and those
parts are not approved for installation on that helicopter model.
During revisions to the Model A109E technical publications it was noted
that the 90-degree tail rotor gearbox assembly, part number (P/N) 109-
0440-01-115, is included in the illustrated parts catalog (IPC) for
helicopters with serial numbers (S/N) up to and including S/N 11160.
The IPC incorrectly identifies this part number as a replacement part
for P/N 109-0440-01-119 or P/N 109-0440-01-121.
The FAA is proposing this AD to address installation of tail rotor
gearbox assembly P/N 109-0440-01-115 that is not approved for
installation on Model A109E helicopters. Because P/N 109-0440-01-115 is
not part of the type design for Model A109E helicopters, there are no
overhaul or life limits included in the applicable maintenance manuals.
If a tail rotor gearbox is not properly maintained it could fail,
resulting in reduced control of the helicopter. See EASA AD 2021-0031
for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0031 requires replacement of a tail rotor gearbox
assembly P/N 109-0440-01-115 with a serviceable part. EASA AD 2021-0031
also prohibits installation of tail rotor gearbox assembly P/N 109-
0440-01-115 on any Leonardo S.p.A. Model A109E helicopter.
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 the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0031, 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 2021-0031 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0031 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 2021-0031 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-
0031. Service information required by EASA AD 2021-0031 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-2021-0695 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 70 helicopters of U.S. Registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Replacement........................... 12 work-hours x $85 per $82,500 $83,520 $5,846,400
hour = $1,020.
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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.
[[Page 47429]]
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-2021-0695; Project Identifier MCAI-
2021-00096-R.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 12, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model A109E helicopters,
certificated in any category, with an affected part as identified in
European Union Aviation Safety Agency (EASA) AD 2021-0031, dated
January 22, 2021 (EASA AD 2021-0031) installed.
(d) Subject
Joint Aircraft Service Component (JASC) Code: 6520, Tail Rotor
Gearbox.
(e) Unsafe Condition
This AD was prompted by reports that certain tail rotor gearbox
assemblies were installed on Model A109E helicopters and those parts
are not approved for installation on that helicopter model. Because
tail rotor gearbox assembly part number (P/N) 109-0440-01-115 is not
part of the type design for Model A109E helicopters, there are no
overhaul or life limits included in the applicable maintenance
manuals. The FAA is issuing this AD to address installation of tail
rotor gearbox assembly P/N 109-0440-01-115 on Model A109E
helicopters that do not have overhaul or life limits for that part.
If a tail rotor gearbox is not properly maintained it could fail,
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 2021-0031.
(h) Exceptions to EASA AD 2021-0031
(1) Where EASA AD 2021-0031 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
(2) Where EASA AD 2021-0031 requires compliance from its
effective date, this AD requires using the effective date of this
AD.
(3) This AD does not require the ``Remarks'' section of EASA AD
2021-0031.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2021-0031
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#ebd2c6aabdb8c6aaa2b9c6dcd8dbc6aaa6a4a8ab8d8a8ac58c849d"><span class="__cf_email__" data-cfemail="360f1b7760651b777f641b0105061b777b79757650575718515940">[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 2021-0031, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#5514112615303426347b3020273a25347b3020"><span class="__cf_email__" data-cfemail="f2b3b681b297938193dc9787809d8293dc9787">[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-2021-0695.
(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 <a href="/cdn-cgi/l/email-protection#5938373d2b3c38773330343c373c23193f3838773e362f"><span class="__cf_email__" data-cfemail="27464943554246094d4e4a4249425d6741464609404851">[email protected]</span></a>.
Issued on August 18, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-18257 Filed 8-24-21; 8:45 am]
BILLING CODE 4910-13-P
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