Rule2022-02747
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 10, 2022
Effective
March 17, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Leonardo S.p.a. Model AB139 and AW139 helicopters. This AD was prompted by the identification of certain parts needing maintenance actions, including life limits and maintenance tasks. This AD requires 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 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 87 Issue 28 (Thursday, February 10, 2022)</title>
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[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7687-7690]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02747]
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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; Amendment
39-21909; AD 2022-02-12]
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 all
Leonardo S.p.a. Model AB139 and AW139 helicopters. This AD was prompted
by the identification of certain parts needing maintenance actions,
including life limits and maintenance tasks. This AD requires
incorporating into maintenance records requirements (airworthiness
limitations), as specified in a European Aviation Safety Agency (now
European Union Aviation Safety Agency) (EASA)
[[Page 7688]]
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 March 17, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 17,
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#94d5d0e7d4f1f5e7f5baf1e1e6fbe4f5baf1e1"><span class="__cf_email__" data-cfemail="3372774073565240521d5646415c43521d5646">[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-2021-0964.
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 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: 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#89e2fbe0fafde0e7a7ebfbe8ede5ecf0c9efe8e8a7eee6ff"><span class="__cf_email__" data-cfemail="f49f869d87809d9ada9686959098918db4929595da939b82">[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 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.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Leonardo S.p.A.
Model AB139 and AW139 helicopters. The NPRM published in the Federal
Register on November 12, 2021 (86 FR 62744). The NPRM was prompted by
the identification of certain parts needing maintenance actions,
including life limits and maintenance tasks. The parts include a
certain part-numbered main rotor damper, tail gear box center housing,
and tail assembly, the fuselage structure assembly (station (STA) 5700,
right-hand (RH)/left-hand (LH) side), and tail structure assembly
(tail/rear fuselage attachment fittings). The NPRM proposed to require
incorporating into maintenance records requirements (airworthiness
limitations), as specified in EASA AD 2018-0132.
The FAA is issuing 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.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from one commenter, Bristow Group, who
commented on the service information. The following presents the
comment received on the NPRM and the FAA's response to the comment.
Request To Consider Service Information
The commenter stated it would take into consideration that the
service information identified in EASA AD 2018-0132 (Leonardo AB139 and
AW139 Maintenance Manual (MM), 39-A-AMPI-00-P, Chapter IV,
Airworthiness Limitations, Issue 9, dated March 6, 2018, as well as
Issue 8) has already been added. The commenter noted the EASA AMPI
(i.e., the airworthiness limitations section (ALS) document) is already
on Issue 14 and the FAA AMPI is on Issue 13. The FAA infers the
commenter is requesting the FAA consider the effect of later revisions
of the ALS document on the proposed AD.
The FAA agrees to clarify the effect of later revisions of the ALS
document on this AD. This AD mandates a specific revision of the ALS
document. Later revisions of the ALS document are not required to be
incorporated into maintenance records requirements (airworthiness
limitations) for that helicopter unless an AD mandates those revisions.
However, this AD also 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). Historically, operators needed an AMOC to use
later revisions of an ALS. The FAA has not changed this AD in this
regard.
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. Accordingly, the FAA is issuing
this AD to address the unsafe condition on these helicopters. Except
for minor editorial changes, this AD is adopted as proposed in the
NPRM. None of the changes will increase the economic burden on any
operator.
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).
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.
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 ALS of the existing maintenance manual or
instructions for continued airworthiness to incorporate new or revised
inspections and life limits. This AD, however, requires 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
[[Page 7689]]
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 this 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 AMOC.
Differences Between This AD and the EASA AD
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 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 affects 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 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
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:
2022-02-12 Leonardo S.p.a.: Amendment 39-21909; Docket No. FAA-2021-
0964; Project Identifier 2018-SW-051-AD.
(a) Effective Date
This airworthiness directive (AD) is effective March 17, 2022.
(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) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#a39a8ee2f5f08ee2eaf18e9490938ee2eeece0e3c5c2c28dc4ccd5"><span class="__cf_email__" data-cfemail="01382c4057522c4048532c3632312c404c4e42416760602f666e77">[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
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#ec879e859f988582c28e9e8d88808995ac8a8d8dc28b839a"><span class="__cf_email__" data-cfemail="9bf0e9f2e8eff2f5b5f9e9fafff7fee2dbfdfafab5fcf4ed">[email protected]</span></a>.
(k) Material 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.
[[Page 7690]]
(i) European Aviation Safety Agency (EASA) AD 2018-0132, dated
June 21, 2018.
(ii) [Reserved]
(3) For EASA AD 2018-0132, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#0e4f4a7d4e6b6f7d6f206b7b7c617e6f206b7b"><span class="__cf_email__" data-cfemail="49080d3a092c283a28672c3c3b263928672c3c">[email protected]</span></a>; internet www.easa.europa.eu. You may find the
EASA material on 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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching
for and locating Docket No. FAA-2021-0964.
(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#7b1d09551215080b1e180f1214153b151a091a551c140d"><span class="__cf_email__" data-cfemail="b7d1c599ded9c4c7d2d4c3ded8d9f7d9d6c5d699d0d8c1">[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 January 11, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-02747 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-13-P
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