[Federal Register Volume 85, Number 132 (Thursday, July 9, 2020)]
[Proposed Rules]
[Pages 41219-41221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14607]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0649; Product Identifier 2019-SW-061-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 certain Leonardo S.p.a. (Leonardo) Model AB139 and AW139 
helicopters. This proposed AD would require removing certain engine 
mounting rods from service and prohibit their installation on any 
helicopter. This proposed AD was prompted by a report of non-conforming 
engine mounting rods. 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 September 
8, 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-
0649; 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 proposed AD, the 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: Kristi Bradley, Aerospace Engineer, 
Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone 817-222-5110; email kristin.bradley@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting 
written comments, data, or views. The most helpful comments reference a 
specific portion of the proposal, 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 only one time.
    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 file in the docket all comments received, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments received on or before the 
closing date for comments. The FAA will consider comments filed after 
the comment period has closed if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of the comments received.

Confidential Business Information

    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 Kristi Bradley, Aerospace Engineer, Rotorcraft 
Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone 817-222-5110; email kristin.bradley@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.

[[Page 41220]]

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD No. 2019-0149, dated June 24, 2019, 
to correct an unsafe condition for Leonardo S.p.a. (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 with certain serial 
numbered engine mounting rods part number (P/N) 3G7120V00132 installed. 
EASA advises of reports of a production non-conformity on a specific 
batch of these engine mounting rods. EASA further advises that this 
non-conformity degrades the material strength of the engine mounting 
rods.
    EASA states this condition, if not corrected, could lead to failure 
of an affected engine mounting rod, possibly resulting in loss of 
control of the helicopter. Accordingly, the EASA AD requires removing 
from service each affected engine mounting rod, emailing a completed 
``Scrap Report'' to Leonardo Helicopters Division, and installing a 
serviceable engine mounting rod. The EASA AD also prohibits installing 
an affected engine mounting rod on any helicopter.

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 an 
unsafe condition is likely to exist or develop on other helicopters of 
the same type designs.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Leonardo Helicopters Alert Service Bulletin (ASB) 
No. 139-593, Revision A, dated June 14, 2019 (ASB 139-593, Revision A), 
for Model AB139 and AW139 helicopters. This service information 
specifies procedures to replace the engine outboard and inboard 
mounting rods from the Number 1 and Number 2 engines.
    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

    The FAA reviewed Leonardo Helicopters ASB No. 139-593, dated June 
11, 2019. This service information contains the same procedures as ASB 
139-593, Revision A. However, ASB 139-593, Revision A expands the 
applicability from certain serial-numbered Model AB139 and AW139 
helicopters to all Model AB139 and AW139 helicopters with affected 
engine mounting rods installed.
    The FAA also reviewed Leonardo Helicopters AMP DM 39-A-71-21-05-
00A-520A-B, AMP DM 39-A-71-21-05-00A-720A-B, AMP DM 39-A-71-21-06-00A-
520A-B, AMP DM 39-A-71-21-06-00A-720A-B, AMP DM 39-A-71-21-07-00A-520A-
B, AMP DM 39-A-71-21-07-00A-720A-B, AMP DM 39-A-71-21-08-00A-520A-B, 
and AMP DM 39-A-71-21-08-00A-720A-B, all dated October 4, 2019. This 
service information specifies instructions for removing and installing 
the outboard and inboard engine mounting rods.

Proposed AD Requirements

    This proposed AD would require removing from service certain 
serial-numbered engine mounting rods P/N 3G7120V00132. This proposed AD 
would also prohibit installing an affected engine mounting rod on any 
helicopter.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires emailing a completed ``Scrap Report'' to 
Leonardo Helicopters Division at the same compliance time as the engine 
mounting rod removal, whereas this proposed AD would not.

Costs of Compliance

    The FAA estimates that this AD would affect up to 126 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.
    Replacing an engine mounting rod would require about 8 work-hours 
per and parts would cost about $1,000 for an estimated cost of $1,680 
per engine mounting rod.
    According to Leonardo Helicopter's service information, some of the 
costs of this proposed 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, all 
costs are included in this 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

    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, I certify this proposed regulation:
    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 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 (AD):

Leonardo S.p.a.: Docket No. FAA-2020-0649; Product Identifier 2019-
SW-061-AD.

[[Page 41221]]

(a) Applicability

    This AD applies to Leonardo S.p.a. Model AB139 and AW139 
helicopters, certificated in any category, with an engine mounting 
rod part number (P/N) 3G7120V00132 with a serial number (S/N) listed 
in Figures 2 or 3 of Leonardo Helicopters Alert Service Bulletin No. 
139-593, Revision A, dated June 14, 2019 (ASB 139-593), installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as a non-conforming engine 
mounting rod. This condition could result in structural failure of 
the engine mounting rod and subsequent loss of control of the 
helicopter.

(c) Comments Due Date

    The FAA must receive comments by September 8, 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) Before further flight, determine the total hours time-in-
service (TIS) of each engine mounting rod.
    (2) Before reaching 225 total hours TIS or within 25 hours TIS, 
whichever occurs later, with the battery and any other electrical 
power supply disconnected, remove from service the engine mounting 
rod as follows:
    (i) For the Number 1 engine outboard mounting rod, remove from 
service the Number 1 engine outboard mounting rod and install an 
airworthy Number 1 engine outboard mounting rod as shown in Detail 
``B'' of Figure 1 of ASB 139-593 and by following the Accomplishment 
Instructions, paragraphs 3.1 and 3.2 of ASB 139-593, except you are 
not required to discard the Number 1 engine outboard mounting rod or 
comply with the ``Scrap Report'' instruction in paragraph 3.1 of ASB 
139-593.

    Note 1 to paragraph (e)(2)(i) through (iv) of this AD: Figure 1 
of ASB 139-593 shows the engine outboard and inboard mounting rod 
assemblies for the left-hand side only, the right-hand side is 
symmetrical.

    (ii) For the Number 1 engine inboard mounting rod, remove from 
service the Number 1 engine inboard mounting rod and install an 
airworthy Number 1 engine inboard mounting rod as shown in Detail 
``C'' of Figure 1 of ASB 139-593 and by following the Accomplishment 
Instructions, paragraphs 3.3 and 3.4 of ASB 139-593, except you are 
not required to discard the Number 1 engine inboard mounting rod or 
comply with the ``Scrap Report'' instruction in paragraph 3.3 of ASB 
139-593.
    (iii) For the Number 2 engine outboard mounting rod, remove from 
service the Number 2 engine outboard mounting rod and install an 
airworthy Number 2 engine outboard mounting rod as shown in Detail 
``B'' of Figure 1 of ASB 139-593 and by following the Accomplishment 
instructions, paragraphs 4.1 and 4.2 of ASB 139-593, except you are 
not required to discard the Number 2 engine outboard mounting rod or 
comply with the ``Scrap Report'' instruction in paragraph 4.1 of ASB 
139-593.
    (iv) For the Number 2 engine inboard mounting rod, remove from 
service the Number 2 engine inboard mounting rod and install an 
airworthy Number 2 engine inboard mounting rod as shown in Detail 
``C'' of Figure 1 of ASB 139-593 and by following the Accomplishment 
instructions, paragraphs 4.3 and 4.4 of ASB 139-593, except you are 
not required to discard the Number 2 engine inboard mounting rod or 
comply with the ``Scrap Report'' instruction in paragraph 4.3 of ASB 
139-593.
    (3) As of the effective date of this AD, do not install on any 
helicopter an engine mounting rod with a P/N and S/N listed in 
paragraph (a) of this AD.

(f) Credit for Previous Actions

    Actions accomplished before the effective date of this AD in 
accordance with the procedures specified in Leonardo Helicopters 
Alert Service Bulletin No. 139-593, dated June 11, 2019, are 
considered acceptable for compliance with the corresponding actions 
specified in paragraphs (e)(1) and (2) of this AD.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, 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) Leonardo Helicopters Alert Service Bulletin No. 139-593, 
dated June 11, 2019, 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 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 Union 
Aviation Safety Agency (EASA) AD No. 2019-0149, dated June 24, 2019. 
You may view the EASA AD on the internet at https://www.regulations.gov in the AD Docket.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 7120, Engine Mount 
Section.

    Issued on July 1, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-14607 Filed 7-8-20; 8:45 am]
BILLING CODE 4910-13-P


