[Federal Register Volume 84, Number 246 (Monday, December 23, 2019)]
[Rules and Regulations]
[Pages 70415-70419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27633]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0813; Product Identifier 2019-SW-006-AD; Amendment 
39-19787; AD 2019-22-08]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
Leonardo S.p.A. Model AW169 and AW189 helicopters. This AD requires 
inspecting certain part-numbered and serial-numbered tail rotor (T/R) 
actuators, reporting information, and depending on the inspection 
outcome, marking a part, performing an additional inspection, and 
removing the T/R actuator from service. This AD also prohibits the 
installation of affected T/R actuators. This AD is prompted by reports 
of incorrect installations of the T/R actuator back-end input lever. 
The actions of this AD are intended to address an unsafe condition on 
these products.

DATES: This AD becomes effective January 7, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of January 7, 
2020.
    The FAA must receive comments on this AD by February 21, 2020.

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-2019-
0813; 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 (EASA) AD, any service 
information that is incorporated by reference, the economic evaluation, 
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 Leonardo Helicopters service information identified in this 
final 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.
    For UTC Aerospace Systems service information identified in this 
final rule, contact Collins Aerospace (previously UTC Aerospace 
Systems); telephone 1-877-808-7575; fax 1-860-660-0372; email 
tech.solutions@hs.utc.com; or at https://utcaerospacesystems.com/aftermarket-services/technical-support/.
    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. It is also available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0813.

FOR FURTHER INFORMATION CONTACT: David Hatfield, Aviation Safety 
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; 
email david.hatfield@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not provide you with notice and an opportunity 
to provide your comments prior to it becoming effective. However, the 
FAA invites you to participate in this rulemaking by submitting written 
comments, data, or views. The FAA also invites comments relating to the 
economic, environmental, energy, or federalism impacts that

[[Page 70416]]

resulted from adopting this AD. The most helpful comments reference a 
specific portion of the AD, explain the reason for any recommended 
change, and include supporting data. To ensure the docket does not 
contain duplicate comments, commenters should send only one copy of 
written comments, or if comments are filed electronically, commenters 
should submit them only one time. The FAA will file in the docket all 
comments received, as well as a report summarizing each substantive 
public contact with FAA personnel concerning this rulemaking during the 
comment period. The FAA will consider all the comments received and may 
conduct additional rulemaking based on those comments.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD No. 2019-0019, dated January 30, 
2019 (EASA AD 2019-0019) to correct an unsafe condition for Leonardo 
S.p.A. (formerly Finmeccanica S.p.A., AgustaWestland S.p.A.) Model 
AW169 and AW189 helicopters with T/R actuator part number (P/N) 
6F6730V00331 and a serial number (S/N) up to 489 inclusive, except 
those marked with ``SB 67-0007,'' installed. EASA advises of reports of 
non-conformities of the T/R actuator back-end input lever, indicating 
incorrect orientation of the lever with its trunnion locking pin.
    EASA states this condition could lead to de-bonding and slippage of 
one of the two redundant lever bearings and possibly affect the 
functionality of the T/R actuator. A batch of T/R actuators was 
identified that may be also affected. Accordingly, EASA AD 2019-0019 
requires one-time conformity checks of certain T/R actuator input 
levers, sending information and photos to Leonardo S.p.A., and 
depending on inspection findings, marking a part, inspecting the 
bonding of each bearing, and replacing the T/R actuator. EASA AD 2019-
0019 also prohibits installation of the affected parts.

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 issuing this AD after 
evaluating all information provided by EASA and determining the unsafe 
condition exists and is likely to exist or develop on other helicopters 
of these same type designs.

Related Service Information Under 1 CFR Part 51

    UTC Aerospace Systems (Collins Aerospace) has issued Service 
Bulletin 67-0007, Basic Issue, dated January 17, 2019 (SB 67-0007). SB 
67-0007 specifies verifying that the width of the bearing circular 
collar of the input lever is within the allowable limits of 4 0.3 mm, and checking the input lever pin head, and the nut and 
cotter pin of the intermediate bolt for proper installation. Depending 
on the inspection results, SB 67-0007 specifies replacing the T/R 
actuator, or marking the input lever and sending its completed 
registration form and photos of each side of the input lever to 
Leonardo Helicopters. SB 67-0007 is incorporated by reference in this 
AD.
    SB 67-0007 is attached as Annex A to Leonardo Helicopters Alert 
Service Bulletin (ASB) No. 169-129, dated January 30, 2019 (ASB 169-
129), for Model AW169 helicopters, and Leonardo Helicopters ASB No. 
189-220, dated January 30, 2019 (ASB 189-220), for Model AW189 
helicopters. ASB 169-129 and ASB 189-220 are not incorporated by 
reference in this AD.
    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.

Other Related Service Information

    Leonardo Helicopters has issued ASB 169-129 and ASB 189-220. This 
service information refers to SB 67-0007 for instructions to inspect 
certain part-numbered and serial-numbered T/R actuator input lever 
assemblies. Depending on findings, this service information specifies 
marking the input lever, inspecting the bonding of each bearing, and 
replacing the T/R actuator on a specified compliance time schedule 
based on findings. This service information also specifies sending 
information, photos, and certain T/R actuators to Leonardo Helicopters.

AD Requirements

    For Model AW169 and AW189 helicopters with a T/R actuator P/N 
6F6730V00331 and an S/N up to 489 inclusive, except those marked with 
``SB 67-0007,'' installed, this AD requires inspecting the T/R actuator 
input lever assembly by determining if the width of the bearing 
circular collar of the input lever is within allowable limits, and 
inspecting for proper installation of the pin and of the intermediate 
bolt's nut and cotter pin. This AD requires reporting certain 
information and photos to Leonardo S.p.A. Based on the inspection 
outcome, this AD requires marking ``SB 67-0007'' on the input lever, 
inspecting each bearing for correct bonding, and removing the T/R 
actuator from service at different compliance times. This AD also 
prohibits installation of affected T/R actuators.

Differences Between This AD and the EASA AD

    The EASA AD requires returning a removed T/R actuator to Leonardo 
Helicopters, whereas this AD does not. Depending on the inspection 
results of the T/R actuator input lever assembly, one of the compliance 
times to replace the T/R actuator in the EASA AD is 200 hours TIS or 2 
months, whichever occurs first. This AD requires removing the T/R 
actuator from service within 60 hours TIS for the same inspection 
results instead.

Costs of Compliance

    The FAA estimates that this AD affects 10 helicopters of U.S. 
Registry. Labor costs are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates the following costs in order to comply 
with this AD.
    Inspecting the T/R actuator input lever assembly takes about 1 
work-hour, and reporting information and photos to Leonardo S.p.A. 
takes about 1 work-hour, for an estimated cost of $170 per helicopter 
and $1,700 for the U.S. fleet. Marking a part takes a minimal amount of 
time for a nominal cost. Replacing a T/R actuator takes about 6 work-
hours and parts cost about $20,000, for an estimated cost of $20,510 
per helicopter.
    According to Leonardo Helicopter'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 Helicopters. Accordingly, the FAA has included all 
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 a 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 currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the

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data needed, and completing and reviewing the collection of 
information. All responses to this collection of information are 
mandatory. Send comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden to: Information Collection Clearance Officer, 
Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 
76177-1524.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C.) authorizes agencies to dispense with notice and comment 
procedures for rules when the agency, for ``good cause'' finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without seeking comment prior to the 
rulemaking.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule 
because the initial inspection requirements must be completed within 30 
hours time-in-service. Therefore notice and opportunity for prior 
public comment are impracticable and contrary to public interest 
pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the reason stated 
above, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) 
for making this amendment effective in less than 30 days.

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 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, and
    2. Will not affect intrastate aviation in Alaska.
    The FAA prepared an economic evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

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 (AD):

2019-22-08 Leonardo S.p.A.: Amendment 39-19787; Docket No. FAA-2019-
0813; Product Identifier 2019-SW-006-AD.

(a) Applicability

    This AD applies to Leonardo S.p.A. Model AW169 and AW189 
helicopters, certificated in any category, with a tail rotor (T/R) 
actuator part number (P/N) 6F6730V00331 with a serial number (S/N) 
up to 489 inclusive, except those marked with ``SB 67-0007.''

(b) Unsafe Condition

    This AD defines the unsafe condition as incorrect installation 
of the T/R actuator back-end input lever. This condition could 
result in de-bonding and slippage of one or both of the two 
redundant lever bearings, a reduction or loss of T/R control, and 
subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective January 7, 2020.

 (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) Within 30 hours time-in-service (TIS), for Model AW169 
helicopters, with access panels 470AT and 470BT removed; and for 
Model AW189 helicopters, with access panels 496A and 495A removed, 
inspect the T/R actuator input lever assembly by following the 
Accomplishment Instructions, paragraph 3.B. through 3.C.4., of UTC 
Aerospace Systems Service Bulletin 67-0007, Basic Issue, dated 
January 17, 2019 (SB 67-0007).
    (i) Report the information requested in the form at the end of 
SB 67-0007, along with a photo of each side of the installed T/R 
actuator back-end input lever, by email to: 
pse_aw189.mbx.aw@leonardocompany.com. Refer to Figure 4 and Figure 5 
of SB 67-0007 for an example of each photo.
    (ii) If the width of the bearing circular collar of the input 
lever is within the allowable limits of 4 0.3 mm, the 
input lever pin head is not on side ``A'' of the T/R actuator as 
shown in Figure 2b of SB 67-0007 (the input lever pin head is on 
side ``B''), and the nut and cotter pin of the intermediate bolt are 
installed on side ``A'' of the T/R actuator side as shown in Figure 
3 of SB 67-0007, before further flight, mark ``SB 67-0007'' on the 
input lever with permanent ink as shown in Figure 4 of SB 67-0007.
    (iii) If the width of the bearing circular collar of the input 
lever is outside the allowable limits of 4 0.3 mm, the 
input lever pin head is on side ``A'' of the T/R actuator, or the 
nut and cotter pin of the intermediate bolt are not installed on 
side ``A'' of the T/R actuator side, before further flight, use 
Table 1 to paragraph (e)(1)(iii) of this AD for next instruction.

[[Page 70418]]

[GRAPHIC] [TIFF OMITTED] TR23DE19.017

    (iv) Before further flight, inspect for correct bonding (no 
axial or rotational relative movement compared to the lever) of each 
bearing by moving the input lever along the pin axial direction.
    (A) If there is no axial or rotational relative movement 
compared to the lever in both bearings, within 10 hours TIS after 
completing the inspections required by paragraph (e)(1) of this AD, 
remove from service the T/R actuator.
    (B) If there is axial or rotational relative movement compared 
to the lever in one or both bearings, before further flight, remove 
from service the T/R actuator.
    (v) Within 60 hours TIS after completing the inspections 
required by paragraph (e)(1) of this AD, remove from service the T/R 
actuator.
    (2) After the effective date of this AD, do not install a T/R 
actuator P/N 6F6730V00331 with an S/N up to 489 inclusive, except 
those marked with ``SB 67-0007,'' on any helicopter.

(f) Special Flight Permits

    Special flight permits are prohibited.

(g) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a 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 currently valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 1 hour per response, including the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and 
reviewing the collection of information. All responses to this 
collection of information are mandatory. Send comments regarding 
this burden estimate or any other aspect of this collection of 
information, including suggestions for reducing this burden to: 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

 (h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards 
Branch, FAA, may approve AMOCs for this AD. Send your proposal to 
David Hatfield, Aviation Safety Engineer, Safety Management Section, 
Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, 
TX 76177; telephone (817) 222-5110; email 9-ASW-FTW-AMOC-Requests@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.

(i) Additional Information

    (1) Leonardo Helicopters Alert Service Bulletin (ASB) No. 169-
129 and Leonardo Helicopters ASB No. 189-220, both dated January 30, 
2019, which are not incorporated by reference, contain 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 review a copy 
of the 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 (EASA) AD No. 2019-0019, dated January 30, 2019. You 
may view the EASA AD on the internet at https://www.regulations.gov 
by searching for and locating it in Docket No.FAA-2019-0813.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 6400, Tail Rotor 
System.

(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.

[[Page 70419]]

    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) UTC Aerospace Systems (Collins Aerospace) Service Bulletin 
No. 67-0007, Basic Issue, dated January 17, 2019.

    Note 1 to paragraph (k)(2)(i):  UTC Aerospace Systems (Collins 
Aerospace) Service Bulletin No. 67-0007, Basic Issue, dated January 
17, 2019, is attached as Annex A to Leonardo Helicopters ASB No. 
169-129 and Leonardo Helicopters ASB No. 189-220, both dated January 
30, 2019, which are not incorporated by reference in this AD.

    (ii) [Reserved]
    (3) For UTC Aerospace Systems service information identified in 
this AD, contact Collins Aerospace (previously UTC Aerospace 
Systems); telephone 1-877-808-7575; fax 1-860-660-0372; email 
tech.solutions@hs.utc.com; or at https://utcaerospacesystems.com/aftermarket-services/technical-support/.
    (4) You may view this service information at 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on November 20, 2019.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2019-27633 Filed 12-20-19; 8:45 am]
 BILLING CODE 4910-13-P


