[Federal Register Volume 85, Number 179 (Tuesday, September 15, 2020)]
[Proposed Rules]
[Pages 57165-57168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20228]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0797; Product Identifier 2018-SW-081-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2017-23-08 for Agusta S.p.A. (now Leonardo S.p.a.) Model AB139 and 
AW139 helicopters. AD 2017-23-08 requires repetitively inspecting the 
main rotor (M/R) rotating scissors, removing certain lower half scissor 
spherical bearings (bearings) from service, replacing the removed 
bearings with a new bearing, and installing a special nut. Since the 
FAA issued AD 2017-23-08, investigation results determined that a 
quality control issue may have affected the production of the affected 
bearings. This proposed AD would retain the requirements of AD 2017-23-
08 and require replacing each affected bearing with a certain part-
numbered bearing. 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 October 30, 
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.

[[Page 57166]]

     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-
0797; 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 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: 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 817-222-5110; email Matthew.Fuller@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 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 817-222-5110; email Matthew.Fuller@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

    The FAA issued AD 2017-23-08, Amendment 39-19102 (82 FR 55752, 
November 24, 2017) (``AD 2017-23-08'') for Agusta S.p.A. (now Leonardo 
S.p.a.) Model AB139 and AW139 helicopters. AD 2017-23-08 requires 
repetitively inspecting the M/R rotating scissors, removing certain 
bearings from service, installing a special nut and requires replacing 
the removed bearings with certain part-numbered bearings.
    AD 2017-23-08 was prompted by EASA Emergency AD (EAD) No. 2017-
0028-E, dated February 15, 2017 (EASA EAD 2017-0028-E) issued by EASA, 
which is the Technical Agent for the Member States of the European 
Union. EASA advised of a report of a dislodged bearing on an M/R 
rotating scissor equipped with a certain special nut. EASA EAD 2017-
0028-E requires repetitive inspections of certain M/R rotating scissor 
bearings, and depending on the findings, replacement of the bearing and 
affected M/R parts. The EASA AD also requires replacement of certain 
bearings as a terminating action for the repetitive inspections. 
According to EASA, this condition, could result in failure of the M/R 
rotating scissor bearing and subsequent loss of control of the 
helicopter.

Actions Since AD 2017-23-08 Was Issued

    Since the FAA issued AD 2017-23-08, investigation results by the 
supplier of the bearings determined that a quality control issue may 
have affected the production of bearing part number (P/N) 3G6230V00654. 
Accordingly, this proposed AD retains the requirements of AD 2017-23-08 
and proposes replacing bearing P/N 3G6230V00654 with P/N 3G6230V00655.

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 helicopters of 
the same type design.

Differences Between This Proposed AD and the EASA AD

    The EASA AD specifies some compliance times using calendar time, 
whereas this proposed AD does not. The EASA AD requires reporting 
information to Leonardo S.p.a. Product Support Engineering, whereas 
this proposed AD does not.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Leonardo Helicopters Alert Bollettino Tecnico No. 
139-392, Revision A, dated February 14, 2017. This service information 
specifies repetitively inspecting the M/R rotating scissors to monitor 
the bearings and replacing the bearing with a new part-numbered 
bearing. This service info also specifies installing a special nut in 
case of lower scissor bearing dislodging.
    This service information is reasonably available because the 
interested parties have access to it through their normal

[[Page 57167]]

course of business or by the means identified in the ADDRESSES section.

Other Related Service Information

    The FAA reviewed Leonardo Helicopters AW139 IETP Document Code AMP-
39-A-62-31-00-00A-31AC-A, Rotating control installation--Fixed 
swashplate and rotating scissors--Detailed inspection, Issue 29, dated 
July 31, 2017, which describes procedures for a detailed inspection of 
the fixed swashplate and rotating scissors.

Proposed AD Requirements

    This proposed AD would retain the repetitive inspection 
requirements of AD 2017-23-08, and continue to require replacing the 
bearing with an improved bearing, replacing the rotating scissor 
attachment flange with a certain part-numbered rotating scissor 
attachment flange, and replacing the nut with a certain part-numbered 
special nut. This proposed AD would also require removing each bearing 
P/N 3G6230V00654 from service and replacing it with bearing P/N 
3G6230V00655 within 100 hours TIS.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 102 
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 for bearing liner wear, seat movement, and play would 
take about 1 work-hour for a cost of $85 per helicopter and $8,670 for 
the U.S. fleet per inspection cycle.
    Replacing a bearing would take about 2 work-hours and parts would 
cost about $950 for a cost of $1,120 per bearing.
    Replacing a rotating scissor attachment flange would take about 
0.25 work-hours and parts would cost about $25,629 for a cost of 
$25,650 per flange.
    Installing two special nuts would take about 1 work-hour and parts 
would cost about $755 for a cost of $840 per helicopter and $85,680 for 
the U.S. fleet.

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 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:
0
a. Removing Airworthiness Directive (AD) 2017-23-08, Amendment 39-19102 
(82 FR 55752, November 24, 2017); and
0
b. Adding the following new AD:

Leonardo S.p.a. (Type Certificate Previously Held by Agusta S.p.A.): 
Docket No. FAA-2020-0797; Product Identifier 2018-SW-081-AD.

(a) Applicability

    This AD applies to Leonardo S.p.a. Model AB139 and AW139 
helicopters, certified in any category, with main rotor (M/R) 
rotating scissors with a lower half scissor spherical bearing 
(bearing) P/N 3G6230V00654 installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as excessive play of the 
bearing in the M/R rotating scissors. This condition could result in 
failure of the M/R rotating scissor bearing and loss of helicopter 
control.

(c) Affected ADs

    This AD replaces AD 2017-03-08, Amendment 39-19102; (82 FR 
55752, November 24, 2017) (``AD 2017-23-08'').

(d) Comments Due Date

    The FAA must receive comments by October 30, 2020.

(e) 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.

(f) Required Actions

    (1) Within 5 hours time-in-service (TIS) after December 11, 2017 
(the effective date of AD 2017-23-08), and thereafter before the 
first flight of each day or at intervals not exceeding 24-clock 
hours, whichever occurs later:
    (i) Using a magnifying glass and a flashlight, visually inspect 
each bearing for wear of the bearing liner. Some examples of wear 
are shown in Figures 4 through 8 of Leonardo Helicopters Alert 
Bollettino Tecnico No. 139-392, Revision A, dated February 14, 2017 
(BT 139-392). If there is any wear of the liner, before further 
flight, replace the bearing with bearing P/N 3G6230V00655 and 
install special nut P/N 3G6230A06851. Replacing the bearing with 
bearing P/N 3G6230V00655 constitutes terminating action for the 
remaining actions of this AD for the bearing.
    (ii) Inspect each bearing for movement. Refer to Figure 9 of BT 
139-392. If the bearing moves freely out of its seat, before further 
flight, replace the rotating scissor attachment flange with flange 
P/N 3G6220A00633, replace the bearing with bearing P/N 3G6230V00655 
and install special nut P/N 3G6230A06851. Replacing the bearing with 
bearing P/N 3G6230V00655 constitutes terminating action for the 
remaining actions of this AD for the bearing.
    (iii) Inspect the M/R rotating scissors for play and wear of 
each bearing, paying particular attention to the bearing staking 
condition, by manually moving the lower half scissor along the axis 
of the spherical bearing. Refer to Figure 1 of BT 139-392. If there 
is any play or wear beyond allowable limits, before further flight, 
replace the bearing with bearing P/N 3G6230V00655 and install 
special nut P/N 3G6230A06851. Replacing the bearing with bearing P/N 
3G6230V00655 constitutes terminating action for the remaining 
actions of this AD for the bearing.
    (2) Within 100 hours TIS after the effective date of this AD, 
replace and torque each lower half scissor nut with special nut P/N 
3G6230A06851 to the M/R rotating scissor in accordance with the 
Compliance Instructions, Part II, steps 5.1 through 5.9 of

[[Page 57168]]

BT 139-392, except you are not required to discard parts.
    (3) Within 100 hours TIS after the effective date of this AD, 
remove each bearing P/N 3G6230V00654 from service and replace with 
bearing P/N 3G230V00655.
    (4) After December 11, 2017 (the effective date of AD 2017-23-
08), do not install on any helicopter any M/R rotating scissors with 
a bearing P/N 3G6230V00654 installed.

(g) 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 817-222-5110; 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

    The subject of this AD is addressed in European Aviation Safety 
Agency (now European Union Aviation Safety Agency) (EASA) AD No. 
2017-0028-E, dated February 15, 2017. 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: 6200, Main Rotor 
System.

    Issued on September 9, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-20228 Filed 9-14-20; 8:45 am]
BILLING CODE 4910-13-P


