Proposed Rule2021-24538
Airworthiness Directives; Leonardo S.p.a. Helicopters
Primary source
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Published
November 12, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all Leonardo S.p.a. Model AB139 and AW139 helicopters. This proposed AD was prompted by the identification of certain parts needing maintenance actions, including life limits and maintenance tasks. This proposed AD would require incorporating into maintenance records requirements (airworthiness limitations), 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.
Full Text
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<title>Federal Register, Volume 86 Issue 216 (Friday, November 12, 2021)</title>
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[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Proposed Rules]
[Pages 62744-62746]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24538]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0964; Project Identifier 2018-SW-051-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 AB139 and AW139 helicopters. This
proposed AD was prompted by the identification of certain parts needing
maintenance actions, including life limits and maintenance tasks. This
proposed AD would require incorporating into maintenance records
requirements (airworthiness limitations), 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 December
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 <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 between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays.
For 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#95d4d1e6d5f0f4e6f4bbf0e0e7fae5f4bbf0e0"><span class="__cf_email__" data-cfemail="a5e4e1d6e5c0c4d6c48bc0d0d7cad5c48bc0d0">[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 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.
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-2021-0964; 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: Kristi Bradley, Program Manager, COS
Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone (817) 222-5110; email <a href="/cdn-cgi/l/email-protection#58332a312b2c3136763a2a393c343d21183e3939763f372e"><span class="__cf_email__" data-cfemail="a1cad3c8d2d5c8cf8fc3d3c0c5cdc4d8e1c7c0c08fc6ced7">[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-2021-0964; Project Identifier
2018-SW-051-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
[[Page 62745]]
under the FOIA, and they will not be placed in the public docket of
this NPRM. Submissions containing CBI should be sent to Kristi Bradley,
Program Manager, COS Program Management Section, Operational Safety
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy.,
Fort Worth, TX 76177; telephone (817) 222-5110; email
<a href="/cdn-cgi/l/email-protection#9ef5ecf7edeaf7f0b0fcecfffaf2fbe7def8ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="d7bca5bea4a3beb9f9b5a5b6b3bbb2ae97b1b6b6f9b0b8a1">[email protected]</span></a>. Any commentary that the FAA receives which 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 2018-0132, dated June 21, 2018 (EASA
AD 2018-0132) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Leonardo S.p.A. Model AB139 and AW139 helicopters.
This proposed AD was prompted by the identification of certain
parts needing maintenance actions, including life limits and
maintenance tasks. The FAA is proposing this AD to address the failure
of certain parts, which could result in the loss of control of the
helicopter. See EASA AD 2018-0132 for additional background
information.
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.
Related Service Information Under 1 CFR Part 51
EASA AD 2018-0132 requires certain actions and associated
thresholds and intervals, including life limits and maintenance tasks.
These requirements (airworthiness limitations) include new life limits
for a certain part-numbered main rotor damper, tail gear box center
housing, and tail assembly; and new maintenance tasks (e.g.,
inspections for cracking) for the fuselage structure assembly (STA
5700, RH/LH side), and tail structure assembly (tail/rear fuselage
attachment fittings).
Proposed AD Requirements in This NPRM
This proposed AD would require incorporating into maintenance
records requirements (airworthiness limitations), which are specified
in EASA AD 2018-0132 described previously, except as discussed under
``Differences Between this Proposed AD and the MCAI.''
ADs Mandating Airworthiness Limitations
The FAA has previously mandated airworthiness limitations by
mandating each airworthiness limitation task (e.g., inspections and
replacements (life limits)) as an AD requirement or issuing ADs that
require revising the airworthiness limitations section (ALS) of the
existing maintenance manual or instructions for continued airworthiness
to incorporate new or revised inspections and life limits. This
proposed AD, however, would require operators to incorporate into
maintenance records required by 14 CFR 91.417(a)(2) or 135.439(a)(2),
as applicable for your rotorcraft, the requirements (airworthiness
limitations) specified in an MCAI AD. The FAA does not intend this as a
substantive change. For these ADs, the ALS requirements for operators
are the same but are complied with differently. Requiring the
incorporation of the new ALS requirements into the maintenance records,
rather than requiring individual ALS tasks (e.g., repetitive
inspections and replacements), requires operators to record AD
compliance once after updating the maintenance records, rather than
after every time the ALS task is completed.
In addition, paragraph (h) of the proposed AD allows operators to
incorporate later approved revisions of the ALS document as specified
in the Ref. Publications section of EASA AD 2018-0132 without the need
for an alternative method of compliance (AMOC).
Differences Between This Proposed AD and the MCAI
Paragraph (1) of EASA AD 2018-0132 requires compliance with actions
and associated thresholds and intervals, including life limits and
maintenance tasks, from the effective date of EASA AD 2018-0132.
Paragraph (3) of EASA AD 2018-0132 requires incorporating the actions
and associated thresholds and intervals, including life limits and
maintenance tasks, into the approved maintenance program within 12
months after the effective date of EASA AD 2018-0132. This proposed AD
requires incorporating into maintenance records requirements
(airworthiness limitations) within 30 days after the effective date of
this AD.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 130 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. Incorporating
requirements (airworthiness limitations) into maintenance records would
require about 2 work-hours for a cost of $170 per helicopter and a cost
of $22,100 for the U.S. fleet.
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, 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.
[[Page 62746]]
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-2021-0964; Project Identifier 2018-
SW-051-AD.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by December 27, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Leonardo S.p.a. Model AB139 and AW139
helicopters, certificated in any category.
(d) Subject
Joint Aircraft Service Component (JASC) Code: 5101, Aircraft
Structures; and 6300, Main Rotor Drive Systems.
(e) Unsafe Condition
This AD was prompted by the identification of certain parts
needing maintenance actions, including life limits and maintenance
tasks. The FAA is issuing this AD to address the failure of certain
parts, which could result in the loss of control of the helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Action
Within 30 days after the effective date of this AD, incorporate
into maintenance records required by 14 CFR 91.417(a)(2) or
135.439(a)(2), as applicable for your rotorcraft, the requirements
(airworthiness limitations) specified in paragraph (1) of European
Aviation Safety Agency (now European Union Aviation Safety Agency)
(EASA) AD 2018-0132, dated June 21, 2018 (EASA AD 2018-0132).
(h) Provisions for Alternative Requirements (Airworthiness Limitations)
After the action required by paragraph (g) of this AD has been
done, no alternative requirements (airworthiness limitations) are
allowed unless they are approved as specified in the provisions of
the ``Ref. Publications'' section of EASA AD 2018-0132.
(i) 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 (j)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#e5dcc8a4b3b6c8a4acb7c8d2d6d5c8a4a8aaa6a5838484cb828a93"><span class="__cf_email__" data-cfemail="f8c1d5b9aeabd5b9b1aad5cfcbc8d5b9b5b7bbb89e9999d69f978e">[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.
(j) Related Information
(1) For information about EASA AD 2018-0132, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#7534310635101406145b1000071a05145b1000"><span class="__cf_email__" data-cfemail="e4a5a097a481859785ca8191968b9485ca8191">[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>. 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-2021-0964.
(2) For more information about this AD, contact Kristi Bradley,
Program Manager, COS Program Management Section, Operational Safety
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email
<a href="/cdn-cgi/l/email-protection#fb908992888f9295d599899a9f979e82bb9d9a9ad59c948d"><span class="__cf_email__" data-cfemail="cca7bea5bfb8a5a2e2aebeada8a0a9b58caaadade2aba3ba">[email protected]</span></a>.
Issued on November 4, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-24538 Filed 11-10-21; 8:45 am]
BILLING CODE 4910-13-P
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