Proposed Rule2022-02073
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
February 3, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2021-17-18, which applies to all Leonardo S.p.a. Model A109C, A109K2, A109E, A109S, and AW109SP helicopters. AD 2021-17-18 requires an inspection of certain tail rotor (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. Since the FAA issued AD 2021-17-18, the FAA has determined that it is necessary to require repetitive inspections of certain TR sleeve assemblies and corrective actions. This proposed AD would retain the requirements of AD 2021-17- 18; and would also require repetitive inspections of the TR sleeve assemblies, and corrective actions if necessary, 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 87 Issue 23 (Thursday, February 3, 2022)</title>
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[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Proposed Rules]
[Pages 6091-6094]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02073]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0024; Project Identifier MCAI-2021-00994-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 supersede Airworthiness Directive (AD)
2021-17-18, which applies to all Leonardo S.p.a. Model A109C, A109K2,
A109E, A109S, and AW109SP helicopters. AD 2021-17-18 requires an
inspection of certain tail rotor (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. Since the FAA issued AD
2021-17-18, the FAA has determined that it is necessary to require
repetitive inspections of certain TR sleeve assemblies and corrective
actions. This proposed AD would retain the requirements of AD 2021-17-
18; and would also require repetitive inspections of the TR sleeve
assemblies, and corrective actions if necessary, 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 March 21,
2022.
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 that is proposed for 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#49080d3a092c283a28672c3c3b263928672c3c"><span class="__cf_email__" data-cfemail="6223261122070311034c0717100d12034c0717">[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. 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-2022-0024.
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-2022-0024; 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, 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#5e3f303a2c3b3f703437333b303b241e383f3f70393128"><span class="__cf_email__" data-cfemail="e2838c86908783cc888b8f878c8798a2848383cc858d94">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 6092]]
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-2022-0024; Project Identifier
MCAI-2021-00994-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 proposal.
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, FAA, 1600 Stewart Ave., Suite 410, Westbury,
NY 11590; phone: (516) 228-7330; email: <a href="/cdn-cgi/l/email-protection#62030c061007034c080b0f070c0718220403034c050d14"><span class="__cf_email__" data-cfemail="e6878882948387c88c8f8b8388839ca6808787c8818990">[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
The FAA issued AD 2021-17-18, Amendment 39-21701 (86 FR 46766,
August 20, 2021) (AD 2021-17-18), which applies to all Leonardo S.p.a.
Model A109C, A109K2, A109E, A109S, and AW109SP helicopters. AD 2021-17-
18 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. The FAA issued AD 2021-
17-18 to address cracking on the TR mast, which could lead to failure
of the TR mast, with consequent loss of control of the helicopter.
Actions Since AD 2021-17-18 Was Issued
The preamble to AD 2021-17-18 explains that the FAA was considering
further rulemaking to address the actions specified in paragraphs (5)
and (9) of EASA AD 2021-0144, dated June 17, 2021 (EASA AD 2021-0144).
The FAA has now determined that further rulemaking is indeed necessary,
and this proposed AD follows from that determination.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued 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. (formerly
Finmeccanica S.p.A, AgustaWestland S.p.A., Agusta S.p.A.) Model A109C,
A109K2, A109E, A109S, and AW109SP helicopters.
This proposed AD was prompted by a determination that additional
actions are required to address the unsafe condition. This proposed AD
was also prompted by a report of a crack on the TR mast. The FAA is
proposing 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 Service Information Under 1 CFR Part 51
This proposed AD would require EASA AD 2021-0144, which the
Director of the Federal Register approved for incorporation by
reference as of September 7, 2021 (86 FR 46766, August 20, 2021). 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 and Requirements of This Proposed AD
These products have been approved by the aviation authority of
another country, and are approved for operation in the United States.
Pursuant to the 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 proposing this AD after evaluating all the
relevant information and determining the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.
Proposed AD Requirements
This proposed AD would require 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 ``Difference
Between this Proposed 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 will be
incorporated by reference in the FAA final rule. This proposed AD
would, therefore, require 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 proposed 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 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 will be available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
by searching for and locating Docket No. FAA-2022-0024 after the FAA
final rule is published.
Difference Between This Proposed 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
[[Page 6093]]
September 7, 2021 (the effective date of AD 2021-17-18).
Interim Action
The FAA considers this proposed AD interim action. The inspection
reports that are required by this proposed 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.
Costs of Compliance
The FAA estimates that this proposed AD affects 133 helicopters of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Retained Inspections/from AD 2021- Up to 6 work-hours $0 Up to $510 per Up to $67,830 per
17-18. x $85 per hour = inspection/ inspection/
$510 per measurement cycle. measurement cycle.
inspection/
measurement cycle.
New proposed Repetitive Up to 1 work-hour x 0 Up to $85 per Up to $11,305 per
Inspections. $85 per hour = $85 inspection cycle. inspection cycle.
per inspection
cycle.
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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 number of helicopters that might need these on-
condition actions:
Estimated Costs of On-Condition Actions *
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Action Labor cost Parts cost Cost per product
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Retained Replacements................ 19 work-hours x $85 per $88,760 Up to $90,375.
hour = $1,615.
Retained Reporting................... 1 work-hour x $85 per 0 $85.
hour = $85.
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* The FAA has received no definitive data on which to base the cost estimates for the on-condition repairs
specified in this proposed AD. However, the cost for restoring solid film lubricant is considered to be
negligible.
According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators. The FAA does not control warranty
coverage for affected operators. 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 proposed AD
is 2120-0056. The paperwork cost associated with this proposed 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 proposed 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 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:
0
a. Removing Airworthiness Directive (AD) 2021-17-18, Amendment 39-
[[Page 6094]]
21701 (86 FR 46766, August 20, 2021); and
0
b. Adding the following new AD:
Leonardo S.p.a.: Docket No. FAA-2022-0024; Project Identifier MCAI-
2021-00994-R.
(a) Comments Due Date
The FAA must receive comments by March 21, 2022.
(b) Affected Airworthiness Directives (ADs)
This AD replaces AD 2021-17-18, Amendment 39-21701 (86 FR 46766,
August 20, 2021) (AD 2021-17-18).
(c) Applicability
This AD applies to all Leonardo S.p.a. Model A109C, A109K2,
A109E, A109S, and AW109SP helicopters, certificated in any category.
(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 September 7, 2021 (the effective date of AD 2021-
17-18).
(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
September 7, 2021 (the effective date of AD 2021-17-18).
(5) Where Note 1 of EASA AD 2021-0144 specifies a tolerance of
30 FH, this AD does not allow a tolerance.
(6) The initial compliance time for the inspection specified in
paragraph (5) of EASA AD 2021-0144 is at the compliance time
specified in paragraph (5) of EASA AD 2021-0144, or within 30 days
after the effective date of this AD, whichever occurs later.
(7) 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.
(8) 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).
(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)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#d7eefa968184fa969e85fae0e4e7fa969a989497b1b6b6f9b0b8a1"><span class="__cf_email__" data-cfemail="f9c0d4b8afaad4b8b0abd4cecac9d4b8b4b6bab99f9898d79e968f">[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 2021-0144, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email:
<a href="/cdn-cgi/l/email-protection#a5e4e1d6e5c0c4d6c48bc0d0d7cad5c48bc0d0"><span class="__cf_email__" data-cfemail="36777245765357455718534344594657185343">[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
on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA-2022-0024.
(2) 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#b1d0dfd5c3d4d09fdbd8dcd4dfd4cbf1d7d0d09fd6dec7"><span class="__cf_email__" data-cfemail="3d5c53594f585c13575450585358477d5b5c5c135a524b">[email protected]</span></a>.
Issued on January 27, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-02073 Filed 2-2-22; 8:45 am]
BILLING CODE 4910-13-P
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