Proposed Rule2022-05588
Airworthiness Directives; Leonardo S.p.a. Helicopters
Primary source
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Published
March 21, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Leonardo S.p.a. Model AB139 and AW139 helicopters. This proposed AD was prompted by a large crack detected on the tail gearbox (TGB) fitting during a scheduled inspection and the determination that certain TGB fittings are required to be inspected by the use of a borescope. This proposed AD would require a one-time borescope inspection of certain part-numbered TGB fittings, and depending on the inspection results, removing the affected part from service and replacing with an airworthy 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 87 Issue 54 (Monday, March 21, 2022)</title>
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[Federal Register Volume 87, Number 54 (Monday, March 21, 2022)]
[Proposed Rules]
[Pages 15899-15902]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05588]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0283; Project Identifier MCAI-2021-01285-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 AB139 and AW139 helicopters. This
proposed AD was prompted by a large crack detected on the tail gearbox
(TGB) fitting during a scheduled inspection and the determination that
certain TGB fittings are required to be inspected by the use of a
borescope. This proposed AD would require a one-time borescope
inspection of certain part-numbered TGB fittings, and depending on the
inspection results, removing the affected part from service and
replacing with an airworthy 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 May 5,
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.
[[Page 15900]]
<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#e0a1a493a085819381ce8595928f9081ce8595"><span class="__cf_email__" data-cfemail="58191c2b183d392b39763d2d2a372839763d2d">[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. This material is also
available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating
Docket No. FAA-2022-0283.
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-2022-0283; 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#6a0b040e180f0b440003070f040f102a0c0b0b440d051c"><span class="__cf_email__" data-cfemail="c7a6a9a3b5a2a6e9adaeaaa2a9a2bd87a1a6a6e9a0a8b1">[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-2022-0283; Project Identifier
MCAI-2021-01285-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#a0c1cec4d2c5c18ecac9cdc5cec5dae0c6c1c18ec7cfd6"><span class="__cf_email__" data-cfemail="82e3ece6f0e7e3ace8ebefe7ece7f8c2e4e3e3ace5edf4">[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 2021-0259, dated November 17, 2021
and corrected November 22, 2021 (EASA AD 2021-0259), to correct an
unsafe condition for Leonardo S.p.A. Helicopters, formerly Finmeccanica
S.p.A, AgustaWestland S.p.A., Agusta S.p.A.; and AgustaWestland
Philadelphia Corporation, formerly Agusta Aerospace Corporation, Model
AB139 and AW139 helicopters, all serial numbers.
EASA advises that during a scheduled inspection of a Model AW139
helicopter, a large crack was detected on the inner forward-right side
of TGB fitting part number 3G5351A01151. EASA further advises that
investigation results determined previous inspections on the inner-
right side of the TGB fitting were accomplished without the use of a
borescope. The FAA is proposing this AD to detect cracks on the TGB
fitting. The unsafe condition, if not addressed, could result in crack
propagation up to a critical length, reduced load capability of the TGB
and tail rotor, and subsequent reduced control of the helicopter. See
EASA AD 2021-0259 for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0259 specifies procedures, within the applicable
compliance times, for a one-time borescope inspection of certain TGB
fittings for a crack or any discrepancy, and replacement of an affected
part with a new part as specified in the manufacturer's service
information.
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.
Other Related Service Information
The FAA also reviewed Leonardo Helicopters Alert Service Bulletin
No.139-686, dated November 8, 2021 (ASB 139-686). This service
information specifies procedures for borescope inspecting the right-
hand and forward parts of certain TGB fittings for any cracks or damage
and replacing the TGB fitting with a new one, if any cracks or damage
are detected. ASB 139-686 also specifies procedures for reporting
inspection results if a crack or discrepancy is detected.
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 designs.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0259, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed AD and EASA AD 2021-0259.''
[[Page 15901]]
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 2021-0259 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0259 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 2021-0259 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-
0259. Service information referenced in EASA AD 2021-0259 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-2022-0283 after the FAA final
rule is published.
Differences Between This Proposed AD and EASA AD 2021-0259
EASA AD 2021-0259 applies to Model AB139 and AW139 helicopters, all
serial numbers, whereas this proposed AD would only apply to Model
AB139 and AW139 helicopters with certain part-numbered TGB fittings
installed. This proposed AD would not require compliance with paragraph
(3) of EASA AD 2021-0259.
Service information referenced in EASA AD 2021-0259 specifies that
if any crack or damage is found, replace the damaged TGB fitting with a
new one, whereas this proposed AD would require before further flight,
removing the affected TGB fitting from service and replacing with an
airworthy part.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 129 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.
Borescope inspecting the TGB fitting for a crack and any
discrepancy (i.e., damage) would take about 4 work-hours for an
estimated cost of $340 per helicopter and $43,860 for the U.S. fleet.
Replacing the TGB fitting with an airworthy TGB fitting would take
about 36 work-hours and parts would cost about $6,650 for an estimated
cost of $9,710 per replacement.
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.
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-2022-0283; Project Identifier MCAI-
2021-01285-R.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 5, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model AB139 and AW139
helicopters, certificated in any category, with an affected part as
identified in European Union Aviation Safety Agency (EASA) AD 2021-
0259, dated November 17, 2021, and corrected November 22, 2021 (EASA
AD 2021-0259).
(d) Subject
Joint Aircraft Service Component (JASC) Code: 5300, Fuselage
Structure.
(e) Unsafe Condition
This AD was prompted by a large crack detected on the tail
gearbox (TGB) fitting during a scheduled inspection and the
determination that certain TGB fittings are required to be inspected
by the use of a borescope. The FAA is issuing this AD to detect
cracks on the TGB fitting. The unsafe condition, if not addressed,
could result in crack propagation up to a critical length, reduced
load capability of the TGB and tail rotor, and subsequent 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 2021-0259.
(h) Exceptions to EASA AD 2021-0259
(1) Where EASA AD 2021-0259 requires compliance in terms of
flight hours (FH), this AD requires using hours time-in-service.
(2) Where EASA AD 2021-0259 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where paragraph (1) of EASA AD 2021-0259 specifies
``inspect, using a borescope,
[[Page 15902]]
the affected part in accordance with the instructions of Section 3
Part I of the ASB,'' for this AD replace ``in accordance with the
instructions of Section 3 Part I of the ASB'' with ``in accordance
with the Accomplishment Instructions, Section 3 Part I, paragraphs
5. through 5.5 of the ASB.''
(4) Where paragraph (2) of EASA AD 2021-0259 specifies ``if,
during the inspection as required by paragraph (1) this AD, a crack
or any discrepancy is detected, replace the affected part in
accordance with the instructions of Section 3 Part II of the ASB,''
this AD requires before further flight, removing the TGB fitting
from service and replacing with an airworthy part, if any crack or
discrepancy is detected. For this AD, discrepancies include damage,
which includes scratches and dents on the outer surfaces of the
forward and right-hand sides of the TGB fitting above the horizontal
row of fastener holes. The instructions specified in paragraph (2)
of EASA AD 2021-0259 are for reference only and are not required for
the replacement required by this paragraph.
(5) Where paragraph (4) of EASA AD 2021-0259 allows
(re)installing an affected part provided it is inspected as required
by paragraph (1) of EASA AD 2021-0259, for this AD, the inspected
part cannot be (re)installed if any crack or discrepancy is
detected.
(6) This AD does not mandate compliance with paragraph (3) of
EASA AD 2021-0259.
(7) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0259.
(i) Special Flight Permit
Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199, 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#7f46523e292c523e362d52484c4f523e32303c3f191e1e51181009"><span class="__cf_email__" data-cfemail="e7decaa6b1b4caa6aeb5cad0d4d7caa6aaa8a4a7818686c9808891">[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 2021-0259, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#48090c3b082d293b29662d3d3a273829662d3d"><span class="__cf_email__" data-cfemail="cd8c89be8da8acbeace3a8b8bfa2bdace3a8b8">[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-2022-0283.
(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="d9b8b7bdabbcb8f7b3b0b4bcb7bca399bfb8b8f7beb6af">[email protected]</span></a>.
Issued on March 10, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-05588 Filed 3-18-22; 8:45 am]
BILLING CODE 4910-13-P
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