[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Proposed Rules]
[Pages 13232-13234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04232]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0127; Project Identifier MCAI-2020-00829-R]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. (Type Certificate 
Previously Held by Agusta 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 supersede airworthiness directive (AD) 
2015-25-04 for Agusta S.p.A (now Leonardo S.p.a.) Model A109A and A109A 
II helicopters. AD 2015-25-04 requires inspecting the slider assembly 
pitch control (slider) for play and replacing the slider if the play 
exceeds certain limits. Since the FAA issued AD 2015-25-04, further 
investigation determined the play was caused by a manufacturing issue. 
This proposed AD would retain certain requirements of AD 2015-25-04, 
require replacing certain part-numbered sliders as a terminating action 
for the inspections, and prohibit installing the affected part on any 
helicopter. 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 April 22, 
2021.

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-2021-
0127; 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 FURTHER INFORMATION CONTACT: Matthew Fuller, AD Program Manager, 
Operational Safety Branch, Airworthiness Products Section, General 
Aviation & Rotorcraft Unit, telephone 817-222-5110; email 
matthew.fuller@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0127; Project Identifier 
MCAI-2020-00829-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    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 post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposal.

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

[[Page 13233]]

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 Matthew Fuller, AD Program Manager, 
Operational Safety Branch, Airworthiness Products Section, General 
Aviation & Rotorcraft Unit, 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 2015-25-04, Amendment 39-18342 (80 FR 76381, 
December 9, 2015) (AD 2015-25-04) for Agusta S.p.A (now Leonardo 
S.p.a.) Model A109A and A109A II helicopters. AD 2015-25-04 requires 
repetitively inspecting the slider for play and replacing the slider if 
the play exceeds certain limits.
    AD 2015-25-04 was prompted by EASA AD No. 2015-0097, dated June 1, 
2015 (EASA AD 2015-0097), issued by EASA, which is the Technical Agent 
for the Member States of the European Union. EASA advises that during a 
scheduled 100-flight-hour inspection on a Model A109A II helicopter, 
unusual play was detected on a certain part-numbered slider. EASA 
advises further investigation revealed excessive wear of the slider 
broaching at the point of contact with the tail rotor shaft. EASA 
stated the cause of the excessive play has not been determined.

Actions Since AD 2015-25-04 Was Issued

    Since the FAA issued AD 2015-25-04, EASA issued EASA AD No. 2020-
0142 (EASA AD 2020-0142), dated June 25, 2020, to correct an unsafe 
condition for Leonardo S.p.a. Model A109A and A109A II helicopters with 
a certain part-numbered slider. EASA advises that further investigation 
results identified the reason for the excessive play was a 
manufacturing issue. Accordingly, EASA AD 2020-0142 retains the 
repetitive inspections for a certain part-numbered slider, requires 
replacing a certain part-numbered slider with a modified slider, and 
provides a terminating action for the repetitive inspections.

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 products of the 
same type designs.

Related Service Information

    The FAA reviewed Leonardo Helicopters Alert Service Bulletin No. 
109-149, Revision A, dated May 18, 2020, which describes procedures for 
repetitively inspecting the slider for play. This service information 
also references procedures for replacing the affected slider with a 
modified slider.

Proposed AD Requirements

    This proposed AD would retain the initial and repetitive 25 hours 
time-in-service (TIS) inspections required by AD 2015-25-04 and 
depending on the inspection results, would continue to require 
replacing the slider with an airworthy slider. Additionally, this NPRM 
would require, within 800 hours TIS, removing slider part number (P/N) 
109-0130-11-7 from service and replacing it with a modified slider P/N 
109-0130-11-7 marked with an ``R'' after the serial number, which would 
provide a terminating action for the repetitive inspections. Finally, 
this NPRM would prohibit installing certain sliders on any helicopter.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires replacing the affected part-numbered slider 
within 60 months, while this proposed AD would require replacing the 
affected slider within 800 hours TIS.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 147 
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 the slider 
for play would take about 1 work-hour for an estimated cost of $85 per 
helicopter and $12,495 for the U.S. fleet per inspection cycle.
    Replacing a slider would take about 10 work-hours and parts would 
cost about $4,068 for an estimated cost of $4,918 per helicopter and 
$722,946 for the U.S. fleet.
    According to Leonardo Helicopters service information some of the 
costs of this proposed AD may be covered under warranty, thereby 
reducing the cost impact on affected persons. The FAA does not control 
warranty coverage by Leonardo. Accordingly, the FAA has included all 
costs 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 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.

[[Page 13234]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2015-25-04, Amendment 39-18342 
(80 FR 76381, December 9, 2015); and
0
b. Adding the following new AD:

Leonardo S.p.a (Type Certificate Previously Held by Agusta S.p.A.): 
Docket No. FAA-2021-0127; Project Identifier MCAI-2020-00829-R.

(a) Applicability

    This airworthiness directive (AD) applies to Leonardo S.p.a. 
(Type Certificate previously held by Agusta S.p.A.) Model A109A and 
A109A II helicopters, certificated in any category, with a slider 
assembly pitch control (slider) part number (P/N) 109-0130-11-7 
installed, except those sliders marked with an ``R'' after the 
serial number.

(b) Unsafe Condition

    This AD defines the unsafe condition as play on a slider. This 
condition could result in loss of tail rotor pitch control and 
consequently loss of helicopter control.

(c) Affected ADs

    This AD replaces AD 2015-25-04, Amendment 39-18342 (80 FR 76381, 
December 9, 2015).

(d) Comments Due Date

    The FAA must receive comments by April 22, 2021.

(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 25 hours time-in-service (TIS) after the effective 
date of this AD, and thereafter at intervals not to exceed 25 hours 
TIS, inspect the slider for play. If there is play greater than 2.3 
millimeters (0.09 inch), before further flight, replace the slider 
with a slider P/N 109-0130-11-7 with suffix ``R'' marked after the 
serial number.
    (2) Within 800 hours TIS after the effective date of this AD, if 
not previously required per paragraph (f)(1) of this AD, replace 
slider P/N 109-0130-11-7 with slider P/N 109-0130-11-7 with suffix 
``R'' marked after the serial number.
    (3) Installing slider P/N 109-0130-11-7 with suffix ``R'' marked 
after the serial number is a terminating action for the repetitive 
inspections required by paragraph (f)(1) of this AD.
    (4) As of the effective date of this AD, do not install slider 
P/N 109-0130-11-7 on any helicopter unless the slider is marked with 
suffix ``R'' after the serial number.

 (g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Strategic Policy Rotorcraft Section, FAA, may 
approve AMOCs for this AD. Send your proposal to: Matthew Fuller, AD 
Program Manager, Operational Safety Branch, Airworthiness Products 
Section, General Aviation & Rotorcraft Unit, 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. 109-149, 
Revision A, dated May 18, 2020 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.
    (2) The subject of this AD is addressed in European Union 
Aviation Safety Agency (EASA) AD No. 2020-0142, dated June 25, 2020. 
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: 6720, Tail Rotor 
Control System.

    Issued on February 24, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-04232 Filed 3-5-21; 8:45 am]
BILLING CODE 4910-13-P


