[Federal Register Volume 85, Number 38 (Wednesday, February 26, 2020)]
[Rules and Regulations]
[Pages 10971-10973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03840]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0150; Product Identifier 2019-SW-063-AD; Amendment 
39-21028; AD 2020-03-13]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), 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 AW189 helicopters. This AD requires inspecting 
the hydraulic fluid level on each tail rotor (T/R) damper and depending 
on the inspection results, removing the T/R damper from service and 
reporting information or repetitively inspecting the T/R damper. This 
AD is prompted by reports of major leakage of hydraulic fluid in T/R 
dampers. This condition could result in degradation of T/R damper 
performance; multiple leaking T/R dampers could result in T/R damage 
and subsequent loss control of the helicopter. The actions of this AD 
are intended to address an unsafe condition on these products.

DATES: This AD becomes effective March 12, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of March 12, 2020.
    The FAA must receive comments on this AD by April 27, 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-2020-
0150; 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 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. You may review 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-2020-0150.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Aerospace Engineer, 
Safety Management Section, Rotorcraft Standards Branch, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; email 
kristin.bradley@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 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. 2019-0160, dated July 5, 2019, 
to correct an unsafe condition for Leonardo S.p.A. Model AW189 
helicopters, with T/R damper part number (P/N) 4F640V00254 with a 
serial number (S/N) up to LK1229 inclusive. The EASA AD excludes any T/
R damper that is marked with ``R'' on its S/N and any T/R damper that 
has accumulated 150 flight hours or more since installation on a 
helicopter and that has been continuously installed for 12 months or 
more. EASA advises that occurrences were reported of leakage of the T/R 
damper hydraulic fluid. EASA advises that the T/R damper hydraulic 
fluid leakage occurred on newly installed T/R dampers and those that 
had accumulated less than 150 flight hours. Therefore, the EASA AD 
requires repetitive visual inspections of the hydraulic fluid level of 
each T/R damper at intervals not to exceed 10 flight hours until the T/
R damper accumulates 150 flight hours since first installation and 10 
months after the effective date of the EASA AD. The EASA AD also 
provides a terminating action and requires a ground run following 
installation of an affected T/R damper. Additionally, depending on the 
inspection results, the EASA AD requires replacement of the affected 
part with a serviceable part, returning T/R dampers for re-work and re-
identification, and emailing information and pictures to Leonardo 
Helicopter Division.

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 issuing this AD after 
evaluating all known

[[Page 10972]]

relevant information and determining that an unsafe condition is likely 
to exist or develop on other helicopters of the same type design.

Related Service Information Under 1 CFR Part 51

    Leonardo Helicopters has issued Emergency Alert Service Bulletin 
(ASB) No. 189-226, dated July 5, 2019. The ASB specifies visually 
checking for excess hydraulic fluid in each T/R damper and defines the 
replacement and reporting criteria. The ASB also specifies performing a 
ground run and subsequent visual check immediately after installing any 
affected T/R damper on a helicopter.
    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.

AD Requirements

    This AD requires, within 10 hours time-in-service (TIS) inspecting 
the hydraulic fluid level of each affected T/R damper and repeating the 
inspection at intervals not to exceed 10 hours TIS until the T/R damper 
accumulates 150 total hours TIS and has been installed for 12 or more 
consecutive months. Depending on the hydraulic fluid level, this AD 
requires removing from service the affected T/R damper and emailing 
photographs of the sight window showing the hydraulic fluid level and 
certain information to Leonardo S.p.A Helicopters.
    After the effective date of this AD, following installation of an 
affected T/R damper, this AD requires performing a ground run for at 
least 30 minutes, inspecting the hydraulic fluid level, and repeating 
the hydraulic fluid level inspection at intervals not to exceed 10 
hours TIS until the T/R damper accumulates 150 total hours TIS and has 
been installed for 12 consecutive months.

Differences Between This AD and the EASA AD

    The EASA AD requires returning removed parts to Leonardo Helicopter 
Division, while this AD does not. Following installation of an affected 
T/R damper, the EASA AD requires repeating the hydraulic fluid level 
inspection until the T/R damper accumulates 150 total hours TIS, has 
been installed for 12 consecutive months, and has been installed for 10 
months after the effective date of the EASA AD. This AD requires 
repeating the hydraulic fluid level inspection until the T/R damper 
accumulates 150 total hours TIS and has been installed for 12 
consecutive months instead.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 4 helicopters of U.S. 
Registry. The FAA estimates that operators may incur the following 
costs in order to comply with this AD. Labor costs are estimated at $85 
per work-hour.
    Visually inspecting the hydraulic fluid level on all four T/R 
dampers requires 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 T/R damper requires about 2 work-hours and 
parts cost about $7,170 for an estimated cost of $7,340 per T/R damper.
    Reporting information requires about 1 work-hour for an estimated 
cost of $85 per helicopter.

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 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.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (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 waiving notice and comment prior to adoption of this rule 
because some of the corrective actions are required within 10 hours 
TIS. 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 reasons 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

[[Page 10973]]

    2. Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of 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):

2020-03-13 Leonardo S.p.A.: Amendment 39-21028; Docket No. FAA-2020-
0150; Product Identifier 2019-SW-063-AD.

(a) Applicability

    This AD applies to Leonardo S.p.A. Model AW189 helicopters, 
certificated in any category, with a tail rotor (T/R) damper part 
number (P/N) 4F6420V00254 with a serial number (S/N) up to LK1229 
inclusive, installed, except:
    (1) Any T/R damper marked with a final dash ``R'' on the S/N, or
    (2) Any T/R damper that has accumulated 150 or more total hours 
time-in-service (TIS) and has been installed for 12 or more 
consecutive months.

(b) Unsafe Condition

    This AD defines the unsafe condition as leaking T/R damper 
hydraulic fluid. This condition could result in degradation of T/R 
damper performance. Multiple leaking T/R dampers could cause T/R 
damage and subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective March 12, 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 10 hours TIS, inspect each T/R damper as follows: 
With the T/R damper in the upper position and the sight window 
downward at a 45-degree angle, inspect the hydraulic fluid level 
through the sight window using a T/R damper inspection tool.
    (i) If the fluid level is over the pointing line in the red 
zone, before further flight, remove from service the T/R damper.
    (ii) If the fluid level is under the pointing line in the white 
zone, repeat the inspection per paragraph (e)(1) at intervals not to 
exceed 10 hours TIS.
    (2) Within 10 days after removing any T/R damper from service, 
as required by paragraph (e)(1)(i) of this AD, send photos of the 
sight window showing the hydraulic fluid level and a completed Table 
1 of Leonardo Helicopters Emergency Alert Service Bulletin No. 189-
226, dated July 5, 2019 to pse_aw189.mbx.aw@leonardocompany.com.
    (3) For each T/R damper with less than 150 total hours TIS and 
that has been installed for less than 12 consecutive months, repeat 
the actions required by paragraph (e)(1) of this AD within every 10 
hours TIS until the T/R damper reaches 150 total hours TIS and has 
been installed for 12 or more consecutive months.
    (4) For each T/R damper with less than 150 total hours TIS and 
that has been installed for 12 or more consecutive months, repeat 
the actions required by paragraph (e)(1) of this AD within every 10 
hours TIS until the T/R damper reaches 150 total hours TIS.
    (5) For each T/R damper with 150 or more total hours TIS and 
that has been installed for less than 12 consecutive months, repeat 
the actions required by paragraph (e)(1) of this AD until the T/R 
damper has been installed for 12 consecutive months.
    (6) After the effective date of this AD, do not install a T/R 
damper P/N 4F6420V00254 with S/N up to LK1229 inclusive on any 
helicopter, unless you have performed a ground run for at least 30 
minutes and perform the actions required by paragraph (e)(1) of this 
AD.
    (7) Repeating the inspection until the T/R damper reaches 150 
total hours TIS and has been installed for 12 consecutive months 
constitutes a terminating action for the repetitive inspection 
required by paragraphs (e)(1) through (5) of this AD.

(f) 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.

(g) 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: 
Kristi Bradley, Aerospace 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.

(h) Additional Information

    (1) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2019-0160, dated July 5, 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-2020-0150.

(i) Subject

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

(j) 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 the AD specifies otherwise.
    (i) Leonardo Helicopters Emergency Alert Service Bulletin No. 
189-226, dated July 5, 2019.
    (ii) [Reserved]
    (3) For Leonardo Helicopters 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.
    (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 February 13, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-03840 Filed 2-25-20; 8:45 am]
BILLING CODE 4910-13-P


