[Federal Register Volume 85, Number 241 (Tuesday, December 15, 2020)]
[Proposed Rules]
[Pages 81160-81162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27452]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0309; Product Identifier 2018-SW-014-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 Leonardo S.p.a. (Leonardo) Model AW189 helicopters. This proposed 
AD would require inspecting the tail plane installation forward bolts 
(bolts) and depending on the results of those inspections, removing 
certain parts from service or installing a tail plane retromod. This 
proposed AD would also require torqueing certain part-numbered nuts, 
inspecting bolts and nuts for wear, and depending on the results of 
those inspections, removing parts from service. This proposed AD was 
prompted by two reported failures of the bolts. The actions of this 
proposed AD are intended to address an unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by January 29, 
2021.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0309; 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 AD, the European Aviation Safety Agency (now European Union 
Aviation Safety Agency) (EASA) AD, 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 service information identified in this proposed rule, contact 
Leonardo S.p.a. Helicopters, Emanuele Bufano, Head of Airworthiness, 
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone 
+39-0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home. You may view the referenced service 
information at the FAA, Office of the Regional Counsel, Southwest 
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Scott Franke, Aviation Safety 
Engineer, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone 817-222-5889; email scott.franke@faa.gov.

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-2018-0309; Product Identifier 
2018-SW-014-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 
https://www.regulations.gov, 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.

[[Page 81161]]

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 Scott Franke, Aviation Safety Engineer, General Aviation & 
Rotorcraft Section, International Validation Branch, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5889; email 
scott.franke@faa.gov. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA Emergency AD No. 2018-0047-E, dated 
February 28, 2018, to correct an unsafe condition for Leonardo S.p.A. 
(formerly Finmeccanica S.p.A., AgustaWestland S.p.A.) Model AW189 
helicopters. EASA advises of two reported incidents of failed bolts and 
that fretting and wear were identified as the root cause of the 
failures. EASA states that this condition, if not detected and 
corrected, could lead to reduced control of the helicopter.
    According to EASA, Leonardo Helicopters issued Emergency Alert 
Service Bulletin No. 189-177, Revision A, dated February 28, 2018 (EASB 
189-177), to address this unsafe condition and provide instructions for 
inspecting each bolt part number (P/N) 8G5510A06251 and 8G5510A05951 
and installing an improved tail plane installation retromod P/N 
8G5510P00511 (tail plane retromod). However, EASA advises that because 
the tail plane retromod was previously available in production or 
through optional Leonardo Service Bulletin No. 189-130, dated January 
30, 2017 (SB 189-130), adjustment of the bolt torque is necessary for 
some helicopters because an incorrect torque value for installation of 
the bolts was specified. Accordingly, the EASA AD requires repetitive 
inspections of each bolt, installing a tail plane retromod, adjustment 
of the bolt torque for some helicopters that had the tail plane 
retromod installed either in production or by following SB 189-130, and 
repetitive torque checks of the bolts.

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 of the 
unsafe condition described in its AD. The FAA is proposing this AD 
after evaluating all known relevant information and determining that an 
unsafe condition is likely to exist or develop on other products of the 
same type designs.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASB 189-177, which contains procedures for 
inspecting each bolt and installing the tail plane retromod. This 
service information also contains procedures for repetitively verifying 
the torque of the associated nut P/N MS17825-7 (nut).
    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.

Proposed AD Requirements

    For Model AW189 helicopters without a tail plane retromod 
installed, this proposed AD would require, before further flight and 
thereafter before each flight, inspecting each bolt for a missing bolt 
head, breakage, and correct installation. If there is a missing bolt 
head, a broken bolt, or an incorrectly installed bolt, this proposed AD 
would require, before further flight, removing the bolt from service 
and installing the tail plane retromod.
    For Model AW189 helicopters with a tail plane retromod installed 
with an incorrect torque value (installed either in service in 
accordance with SB 189-130 or in production, which this proposed AD 
specifies by serial number), this proposed AD would require, within 10 
hours time-in-service (TIS), correcting the torque, installing a cotter 
pin, and lockwiring each nut on the adjustable rod assembly P/N 
4F5510A00232.
    Lastly, within 10 hours TIS after installing a tail plane 
installation retromod, within 10 hours TIS after correcting an 
incorrect torque value, or within 10 hours TIS after the effective date 
of this AD, whichever occurs later, and thereafter at intervals not to 
exceed 50 hours TIS, this proposed AD would require determining the 
torque of each nut. If the torque is less than 15 Nm (11 ft-lbs) or 
more than 20 Nm (14.75 ft-lbs), this proposed AD would require 
inspecting the bolt and nut for wear, and removing the bolt and nut 
from service if there is any wear.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires repetitive torque checks at progressively 
increasing intervals, while this proposed AD would require the 
repetitive torque check at intervals not to exceed 50 hours TIS. Since 
there is not enough field data at this time to substantiate 
progressively increasing the time between inspections up to 400 hours 
TIS, the FAA has determined an interval of 50 hours TIS is necessary. 
The FAA may take further rulemaking action to increase this interval 
should more data become available.

Interim Action

    The FAA considers this proposed AD to be an interim action. If 
final action is later identified, the FAA might consider further 
rulemaking then.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 4 helicopters 
of U.S. Registry. The FAA estimates that operators may incur the 
following costs in order to comply with this proposed AD. Labor costs 
are estimated at $85 per work-hour.
    Inspecting the bolts before each flight would take about 0.25 work-
hour, for an estimated cost of $21 per helicopter and $84 for the U.S. 
fleet per inspection cycle.
    If required, installing a tail plane retromod would take about 12 
work-hours and parts would cost about $5,500, for an estimated cost of 
$6,520 per helicopter.
    Inspecting and verifying the torque of the bolts and nuts would 
take about 1 work-hour, for an estimated cost of $85 per helicopter and 
$340 for the U.S. fleet per inspection cycle.
    If required, replacing a bolt and nut would take about 1 work-hour 
and parts would cost about $250, for an estimated cost of $335 per 
replacement.
    According to Leonardo's service information, some of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected individuals. The FAA does not control warranty coverage by 
Leonardo. Accordingly, the FAA has included all costs in its cost 
estimate.

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

[[Page 81162]]

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 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, 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 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-2018-0309; Product Identifier 2018-
SW-014-AD.

(a) Applicability

    This airworthiness directive (AD) applies to Leonardo S.p.a. 
Model AW189 helicopters, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of a tail plane 
installation bolt. This condition could result in reduced control of 
the helicopter.

(c) Comments Due Date

    The FAA must receive comments by January 29, 2021.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    (1) For helicopters without a tail plane installation retromod 
part number (P/N) 8G5510P00511 (tail plane retromod) installed, 
before further flight and thereafter before each flight, inspect 
each forward attachment bolt (bolt) P/N 8G5510A06251 and 
8G5510A05951 for a missing bolt head, breakage, and correct 
installation as depicted in Figure 12 of Leonardo Helicopters 
Emergency Alert Service Bulletin No. 189-177, Revision A, dated 
February 28, 2018 (EASB 189-177). If there is a missing bolt head, a 
broken bolt, or an incorrectly installed bolt, before further 
flight, remove the bolt from service and install the tail plane 
retromod by following the Accomplishment Instructions, Part II, 
paragraphs 3.1 through 3.33 of EASB 189-177, except you are not 
required to discard parts and where EASB 189-177 specifies 
contacting Leonardo PSE for corrective action, the action must be 
accomplished using a method approved by the Manager, International 
Validations Branch, FAA. The Manager's approval letter must 
specifically refer to this AD.
    (2) For helicopters with a tail plane retromod installed in 
accordance with Leonardo Helicopters Service Bulletin No. 189-130, 
dated January 30, 2017, and for helicopters with serial number 
49046, 49053, 89008, 89009, 92007, or 92008, within 10 hours time-
in-service (TIS) after the effective date of this AD, loosen and 
then torque each nut P/N MS17825-7 (nut) to 15 to 20 Nm (11 to 14.75 
ft-lbs), and install a cotter pin and lockwire each nut on the 
adjustable rod assembly P/N 4F5510A00232, as depicted in Figure 7, 
Detail N Step 6.5 and Figure 9, Detail P Step 7.9 of EASB 189-177.
    (3) Within 10 hours TIS after installing a tail plane retromod, 
within 10 hours TIS after complying with paragraph (e)(2) of this 
AD, or within 10 hours TIS after the effective date of this AD, 
whichever occurs later, and thereafter at intervals not to exceed 50 
hours TIS, do the following:
    (i) Determine the torque of each nut.
    (ii) If the torque is less than 15 Nm (11 ft-lbs) or more than 
20 Nm (14.75 ft-lbs), before further flight, remove the bolt and nut 
and inspect for wear. If there is any wear on the bolt or nut, 
before further flight, remove the bolt and nut from service.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, may 
approve AMOCs for this AD. Send your proposal to: Scott Franke, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 10101 Hillwood Pkwy., Fort 
Worth, TX 76177; telephone 817-222-5110; email 9-AVS-AIR-730-AMOC@faa.gov.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, the FAA suggests 
that you notify your principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district office 
or certificate holding district office, before operating any 
aircraft complying with this AD through an AMOC.

(g) Additional Information

    (1) Leonardo Helicopters Service Bulletin No. 189-130, dated 
January 30, 2017, which is not incorporated by reference, contains 
additional information about the subject of this AD. For service 
information identified in this AD, contact Leonardo S.p.a. 
Helicopters, Emanuele Bufano, Head of Airworthiness, Viale G.Agusta 
520, 21017 C.Costa di Samarate (Va) Italy; telephone +39-0331-
225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home. You may view the referenced service information at the FAA, 
Office of the Regional Counsel, Southwest Region, 10101 Hillwood 
Pkwy., Room 6N-321, Fort Worth, TX 76177.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD 
No. 2018-0047-E, dated February 28, 2018. You may view the EASA AD 
on the internet at https://www.regulations.gov in the AD Docket.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 5510, Tail 
Stabilizer.

    Issued on December 8, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-27452 Filed 12-14-20; 8:45 am]
BILLING CODE 4910-13-P


