Rule2021-26681
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
December 10, 2021
Effective
January 14, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Leonardo S.p.a. Model A109E, A109S, and AW109SP helicopters. This AD was prompted by reports of main landing gear (MLG) wheel assembly failure. This AD requires 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 incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 235 (Friday, December 10, 2021)</title>
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[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Rules and Regulations]
[Pages 70364-70366]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26681]
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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; Amendment
39-21832; AD 2021-24-11]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Leonardo S.p.a. Model A109E, A109S, and AW109SP helicopters.
This AD was prompted by reports of main landing gear (MLG) wheel
assembly failure. This AD requires 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 incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective January 14, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 14,
2022.
ADDRESSES: For EASA material incorporated by reference (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#e2a3a691a287839183cc8797908d9283cc8797"><span class="__cf_email__" data-cfemail="83c2c7f0c3e6e2f0e2ade6f6f1ecf3e2ade6f6">[email protected]</span></a>; internet
www.easa.europa.eu. You may find the EASA 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 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 final rule, the
EASA AD, any comments received, and other information. The address for
Docket Operations is U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
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#d89cb9aaaabdb6f69fb9ababbdacacb798beb9b9f6bfb7ae"><span class="__cf_email__" data-cfemail="84c0e5f6f6e1eaaac3e5f7f7e1f0f0ebc4e2e5e5aae3ebf2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
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 AD applies to helicopters with an affected assembly
installed.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to Leonardo S.p.a. Model
A109E, A109S, and AW109SP helicopters, certificated in any category,
with an affected assembly as identified in EASA AD 2019-0182. The NPRM
published in the Federal Register on July 30, 2021 (86 FR 40964). The
NPRM 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
NPRM proposed to 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 EASA AD 2019-0182.
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. See EASA
AD 2019-0182 for additional background information.
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Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from one commenter. The commenter was
Air Methods Corporation. The following presents the comment received on
the NPRM and the FAA's response to that comment.
Request To Allow Part Replacement
Air Methods Corporation requested that paragraph (h)(6) of the
proposed AD be revised to include an option so an operator can replace
a part or assembly that has an inspection finding of ``questionable/
intermediate'' at the operator's discretion, instead of having to
coordinate with the manufacturer. The commenter explained that the
instructions for replacing a part or assembly that has a determinate
inspection finding (for example, a crack) are already in the service
information referenced in EASA AD 2019-0182 and these same instructions
could be used for parts that have a ``questionable/intermediate''
inspection finding.
The FAA partially agrees with the commenter's request and will
provide clarification regarding the requirement specified in paragraph
(h)(6) of this AD. The FAA identified an error in paragraph (h)(6) of
the proposed AD that could have caused an operator to misinterpret when
to contact the manufacturer for corrective action if there was an
inspection finding of ``some burr'' from the liquid penetrant
inspection specified in Annex A of the service information referenced
in EASA AD 2019-0182. In the proposed AD, paragraph (h)(6) stated
``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' . . . .'' This language should not have
included ``of cracking'' because any burr indication finding requires
contacting the manufacturer. The FAA has revised paragraph (h)(6) of
this AD to remove the words ``of cracking.''
The FAA does not agree with the commenter's request to provide an
option for the removal and replacement of a part having an indication
of ``some burr'', or signs of arcing or burning, without contacting the
manufacturer. The FAA contacted EASA, the foreign authority that has
State of Design for these helicopter models, and discussed an option to
permit the replacement of a potentially discrepant component without
contacting the manufacturer. Based upon this discussion the FAA
concluded that the affected part is still under investigation and the
manufacturer needs to gather additional information from operators to
determine the extent of the identified conditions and if additional
corrective actions are needed. The FAA has not changed this AD
regarding this issue.
Conclusion
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 reviewed the relevant
data, considered the comment received, and determined that air safety
requires adopting this AD as proposed. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator. Accordingly, the FAA is issuing this AD to
address the unsafe condition on these helicopters.
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 service information 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.
Costs of Compliance
The FAA estimates that this AD affects 99 helicopters of U.S.
Registry. The FAA estimates the following costs to comply with this 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
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 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
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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
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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will 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 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:
2021-24-11 Leonardo S.p.a.: Amendment 39-21832 Docket No. FAA-2021-
0606; Project Identifier 2019-SW-070-AD.
(a) Effective Date
This airworthiness directive (AD) is effective January 14, 2022.
(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 requires compliance in terms of
flight hours, 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 to the manufacturer, this AD
does not include that requirement.
(4) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2019-0182.
(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 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) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#71485c3027225c3038235c4642415c303c3e32311710105f161e07"><span class="__cf_email__" data-cfemail="330a1e7265601e727a611e0400031e727e7c70735552521d545c45">[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 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#ebaf8a99998e85c5ac8a98988e9f9f84ab8d8a8ac58c849d"><span class="__cf_email__" data-cfemail="0a4e6b78786f64244d6b79796f7e7e654a6c6b6b246d657c">[email protected]</span></a>.
(l) Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 2019-0182,
dated July 26, 2019.
(ii) [Reserved]
(3) 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#cf8e8bbc8faaaebcaee1aababda0bfaee1aaba"><span class="__cf_email__" data-cfemail="c9888dba89aca8baa8e7acbcbba6b9a8e7acbc">[email protected]</span></a>; internet www.easa.europa.eu.
(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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching
for and locating Docket No. FAA-2021-0606.
(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#81e7f3afe8eff2f1e4e2f5e8eeefc1efe0f3e0afe6eef7"><span class="__cf_email__" data-cfemail="4b2d39652225383b2e283f2224250b252a392a652c243d">[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 November 15, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-26681 Filed 12-9-21; 8:45 am]
BILLING CODE 4910-13-P
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