[Federal Register Volume 85, Number 142 (Thursday, July 23, 2020)]
[Rules and Regulations]
[Pages 44459-44462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15811]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0204; Product Identifier 2018-SW-082-AD; Amendment 
39-21179; AD 2020-15-16]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.A (Type Certificate 
Previously Held by Agusta S.p.A) Helicopters

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-07-
08, which applied to certain Leonardo

[[Page 44460]]

S.p.A (type certificate previously held by Agusta S.p.A) Model A109E, 
A109K2, A109S, AW109SP, A119, and AW119 MKII helicopters. AD 2018-07-08 
required reducing the life limit of the tail rotor blade retention bolt 
and an inspection of that bolt for cracking, and replacement of any 
cracked bolt. This AD continues to require reducing the life limit of 
the tail rotor blade retention bolt, inspecting that bolt for cracking, 
and replacing any cracked bolt. In addition, this AD requires 
repetitive inspections of the tail rotor blade retention bolt for 
cracking. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective August 27, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 26, 
2018 (83 FR 15495, April 11, 2018).

ADDRESSES: 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 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. It is 
also available on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0204.

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-
0204; 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, 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: Matt Fuller, AD Program Manager, 
Continued Operational Safety Branch, Airworthiness Products Section, 
General Aviation and Rotorcraft Unit, 10101 Hillwood Pkwy., Fort Worth, 
TX 76177; telephone 817-222-5151; email matthew.fuller@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2018-07-08, Amendment 39-19239 (83 FR 
15495, April 11, 2018) (``AD 2018-07-08''). AD 2018-07-08 applied to 
certain Leonardo S.p.A Model A109E, A109K2, A109S, AW109SP, A119, and 
AW119 MKII helicopters. The NPRM published in the Federal Register on 
March 23, 2020 (85 FR 16281). The NPRM was prompted by the FAA's 
determination that repetitive inspections of the tail rotor blade 
retention bolt are needed to address the unsafe condition. The NPRM 
proposed to continue to require reducing the life limit of the tail 
rotor blade retention bolt, inspecting that bolt for cracking, and 
replacing any cracked bolt. The NPRM also proposed to require 
repetitive inspections of the tail rotor blade retention bolt for 
cracking. Since issuing AD 2018-07-08, the FAA has determined that 
repetitive inspections of the tail rotor blade retention bolt are 
needed to address the unsafe condition. The FAA is issuing this AD to 
address cracked bolts, which could result in failure of the tail rotor 
and loss of control of the helicopter.
    The European Aviation Safety Agency (now European Union Aviation 
Safety Agency) (EASA), which is the Technical Agent for the Member 
States of the European Union, has issued EASA Emergency AD, 2016-0173-
E, dated August 24, 2016 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for all Leonardo S.p.A. Model A109E, A109K2, A109LUH, 
A109S, A119, AW109SP and AW119 MKII helicopters. You may examine the 
MCAI in the AD docket on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0204.
    See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule as proposed, 
except for minor editorial changes. The FAA has determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    This AD requires the following service information, which the 
Director of the Federal Register approved for incorporation by 
reference as of April 26, 2018 (83 FR 15495, April 11, 2018).
     Leonardo Helicopters Mandatory Bollettino Tecnico No. 
109EP-149, dated August 19, 2016.
     Leonardo Helicopters Mandatory Bollettino Tecnico No. 
109K-72, dated August 19, 2016.
     Leonardo Helicopters Mandatory Bollettino Tecnico No. 
109S-072, dated August 19, 2016.
     Leonardo Helicopters Mandatory Bollettino Tecnico No. 
109SP-105, dated August 19, 2016.
     Leonardo Helicopters Mandatory Bollettino Tecnico No. 119-
080, dated August 19, 2016.
    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.

Differences Between This AD and the MCAI or Service Information

    The MCAI does not specify life limits for a tail rotor blade 
retention bolt having part number (P/N) 709-0160-57-101 that has been 
interchanged between model helicopter installations, while this AD 
does.
    The MCAI applies to Model A109LUH helicopters. Model A109LUH 
helicopters are not certified by the FAA and are not included on the 
U.S. type certificate data sheet; this AD therefore does not include 
those helicopters in the applicability.

Interim Action

    The FAA considers this AD to be an interim action. The design 
approval holder is currently developing a modification that will 
address the unsafe condition identified in this AD. Once this 
modification is developed, approved, and available, the FAA might 
consider additional rulemaking.

Costs of Compliance

    The FAA estimates that this AD affects 219 helicopters of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 44461]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2018-07-08...  4 work-hours x $85 per                $0            $340         $74,460
                                         hour = $340.
New actions...........................  4 work-hours x $85 per                 0             340          74,460
                                         hour = $340.
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                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
2 work-hour x $85 per hour = $170.....            $500             $670
------------------------------------------------------------------------

    According to the manufacturer, some or all 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 for 
affected individuals. As a result, the FAA has included all known costs 
in the 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 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.

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:
0
a. Removing Airworthiness Directive (AD) 2018-07-08, Amendment 39-19239 
(83 FR 15495, April 11, 2018); and
0
b. Adding the following new AD:

2020-15-16 Leonardo S.p.A. (type certificate previously held by 
Agusta S.p.A.): Amendment 39-21179; Docket No. FAA-2020-0204; 
Product Identifier 2018-SW-082-AD.

(a) Effective Date

    This AD is effective August 27, 2020.

(b) Affected ADs

    This AD replaces AD 2018-07-08, Amendment 39-19239 (83 FR 15495, 
April 11, 2018).

(c) Applicability

    This AD applies to Leonardo S.p.A. (type certificate previously 
held by Agusta S.p.A.) Model A109E, A109K2, A109S, AW109SP, A119, 
and AW119 MKII helicopters, certificated in any category, with a 
tail rotor blade retention bolt (bolt) having part number (P/N) 709-
0160-57-101 installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code 6500, Tail Rotor 
Drive System.

(e) Reason

    This AD was prompted by the discovery of a cracked bolt, and a 
determination that repetitive inspections of the bolt are needed to 
address the unsafe condition. The FAA is issuing this AD to address 
cracked bolts, which could result in failure of the tail rotor and 
loss of control of the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) Before further flight:
    (i) For Model A109E and A109K2 helicopters, remove from service 
any bolt having P/N 709-0160-57-101 that has 800 or more hours time-
in-service (TIS). If the hours TIS is unknown, remove the bolt from 
service. Thereafter, remove from service any bolt having P/N 709-
0160-57-101 before accumulating 800 hours TIS.
    (ii) For Model A109S, AW109SP, A119, and AW119 MKII helicopters, 
remove from service any bolt having P/N 709-0160-57-101 that has 
3,200 or more landings. If the number of landings is unknown, remove 
the bolt from service. Thereafter, remove from service any bolt 
having P/N 709-0160-57-101 before accumulating 3,200 landings. For 
purposes of this AD, a landing is counted anytime a helicopter lifts 
off into the air and then lands again regardless of the duration of 
the landing and regardless of whether the engine is shutdown.
    (iii) Remove from service any bolt having P/N 709-0160-57-101 
that has 800 or more hours TIS, or 3,200 or more landings, that has 
been interchanged between different model helicopters listed in 
paragraphs (g)(1)(i) and (ii) of this AD. If the hours TIS or number 
of landings is unknown, remove the bolt from service. Thereafter, 
remove from service any bolt having P/N 709-0160-57-101 that has 
been interchanged between different model helicopters listed in 
paragraphs (g)(1)(i) and (ii) of this AD before accumulating 800 
hours TIS or 3,200 landings, whichever occurs first.
    (2) Within 25 hours TIS after the effective date of this AD, and 
thereafter at intervals not to exceed 200 hours TIS, remove each 
bolt having P/N 709-0160-57-101. Prior to cleaning, using a 10X or 
higher power magnifying glass, inspect each bolt having P/N 709-
0160-57-101 for any crack in the area depicted in Figure 1 of 
Leonardo Helicopters Mandatory Bollettino Tecnico No. 109EP-

[[Page 44462]]

149, 109K-72, 109S-072, 109SP-105, or 119-080, all dated August 19, 
2016, as applicable to your model helicopter.
    (i) If there is any crack, replace the bolt with an airworthy 
bolt before further flight.
    (ii) If there are no cracks, before further flight, clean and 
degrease the inspection area of the bolt with solvent, and using a 
10X or higher power magnifying glass, inspect each bolt having P/N 
709-0160-57-101 for any crack in the area depicted in Figure 1 of 
Leonardo Helicopters Mandatory Bollettino Tecnico No. 109EP-149, 
109K-72, 109S-072, 109SP-105, or 119-080, all dated August 19, 2016, 
as applicable to your model helicopter. If there is any crack, 
replace the bolt with an airworthy bolt before further flight.
    (3) As of the effective date of this AD, installation of a bolt 
having P/N 709-0160-57-101 is allowed, provided that the bolt has 
passed an inspection as required by paragraph (g)(2) of this AD.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Standards Branch, FAA, may approve 
AMOCs for this AD. Send your proposal to: Matt Fuller, AD Program 
Manager, Continued Operational Safety Branch, Airworthiness Products 
Section, General Aviation and Rotorcraft Unit, 10101 Hillwood Pkwy., 
Fort Worth, TX 76177; telephone (817) 222-5151; 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, 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) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
European Aviation Safety Agency (now European Union Aviation Safety 
Agency) (EASA) Emergency AD 2016-0173-E, dated August 24, 2016. This 
EASA AD may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0204.
    (2) For more information about this AD, contact Matt Fuller, AD 
Program Manager, Continued Operational Safety Branch, Airworthiness 
Products Section, General Aviation and Rotorcraft Unit, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5151; 
email matthew.fuller@faa.gov.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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.
    (3) The following service information was approved for IBR on 
April 26, 2018 (83 FR 15495, April 11, 2018).
    (i) Leonardo Helicopters Mandatory Bollettino Tecnico No. 109EP-
149, dated August 19, 2016.
    (ii) Leonardo Helicopters Mandatory Bollettino Tecnico No. 109K-
72, dated August 19, 2016.
    (iii) Leonardo Helicopters Mandatory Bollettino Tecnico No. 
109S-072, dated August 19, 2016.
    (iv) Leonardo Helicopters Mandatory Bollettino Tecnico No. 
109SP-105, dated August 19, 2016.
    (v) Leonardo Helicopters Mandatory Bollettino Tecnico No. 119-
080, dated August 19, 2016.
    (4) For service information identified in this AD, contact 
Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; 
telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or 
at https://www.airbus.com/helicopters/services/technical-support.html.
    (5) 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.
    (6) 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 on July 16, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-15811 Filed 7-22-20; 8:45 am]
BILLING CODE 4910-13-P


