[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Proposed Rules]
[Pages 27538-27540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10700]



[[Page 27538]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0373; Project Identifier MCAI-2020-01352-R]
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 supersede Airworthiness Directive (AD) 
2020-19-11 for certain Leonardo S.p.a. Model A119 and AW119 MKII 
helicopters. AD 2020-19-11 requires repetitive borescope inspections of 
the 90-degree tail rotor gearbox (TGB) and depending on the inspection 
results, removing the TGB from service. Since the FAA issued AD 2020-
19-11, it was determined that additional parts may be susceptible to 
the unsafe condition. This proposed AD would retain the inspection 
requirements of AD 2020-19-11, and revise the compliance time and 
applicability. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this proposed AD by July 6, 
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0373; 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 NPRM, the European 
Union Aviation Safety Agency (EASA) AD, any comments received, and 
other information. The street address for Docket Operations is listed 
above.

FOR FURTHER INFORMATION CONTACT: Rao Edupuganti, Aerospace Engineer, 
Dynamic Systems Section, Technical Innovation Policy Branch, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
rao.edupuganti@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-2021-0373; Project Identifier 
MCAI-2020-01352-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 NPRM.

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 Rao 
Edupuganti, Aerospace Engineer, Dynamic Systems Section, Technical 
Innovation Policy Branch, telephone (817) 222-5110; email 
rao.edupuganti@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.

Background

    The FAA issued AD 2020-19-11, Amendment 39-21254 (85 FR 59404, 
September 22, 2020) (AD 2020-19-11) for Leonardo Model A119 and AW119 
MKII helicopters with TGB part number (P/N) 109-0440-06- 101 or P/N 
109-0440-06-105 having serial number (S/N) 167, 169 through 172 
inclusive, 215 through 225 inclusive, 227, 230, 232, 233, AW268, K3, 
K16, M47, or L29, installed. AD 2020-19-11 requires within 25 hours 
time-in-service (TIS) or 3 months, whichever occurs first, and 
thereafter at intervals not to exceed 100 hours TIS or 6 months, 
whichever occurs first, borescope inspecting the internal surface of 
the TGB output shaft for corrosion and depending on the inspection 
results, removing the TGB from service before further flight.
    AD 2020-19-11 was prompted by EASA AD 2018-0156, dated July 24, 
2018 (EASA AD 2018-0156), issued by the EASA, which is the Technical 
Agent for the Member States of the European Union, to correct an unsafe 
condition for Leonardo S.p.a. Helicopters (formerly Finmeccanica 
S.p.A., AgustaWestland S.p.A., Agusta S.p.A.; and AgustaWestland 
Philadelphia Corporation, formerly Agusta Aerospace Corporation) Model 
A119 and AW119MKII helicopters with TGB P/N 109-0440-06-101 or P/N 109-
0440-06-105 having serial number 167, 169 through 172 inclusive, 215 
through 225 inclusive, 227, 230, 232, 233, AW268, K3, K16, M47, or L29, 
installed. EASA AD 2018-0156 advised of two reported occurrences of 
corrosion on the internal surface of the TGB shaft installed on Model 
A119 helicopters. Further analysis identified a specific batch of parts 
that may be susceptible to similar conditions. Due to design similarity 
Model AW119MKII helicopters are also affected. This condition, if not 
addressed, could result in failure of the tail rotor, possibly 
resulting in reduced control of the helicopter.
    Accordingly, the EASA AD required performing repetitive endoscope 
inspections on the internal surface of the TGB output shaft for 
corrosion and depending onthe findings, replacing the

[[Page 27539]]

TGB. EASA considered its AD an interim action and stated that further 
AD action may follow.

Actions Since AD 2020-19-11 Was Issued

    Since the FAA issued AD 2020-19-11, EASA issued EASA AD 2020-0206, 
dated September 30, 2020 (EASA AD 2020-0206), which supersedes EASA AD 
2018-0156. EASA advises that additional parts may be susceptible to 
similar occurrences and some TGB shafts could have been reinstalled on 
a TGB other than the one on which they were initially installed. 
Accordingly, EASA AD 2020-0206 retains the inspection requirements of 
EASA AD 2018-0156 for certain part numbered TGB shafts and revises the 
definition of an affected part by adding certain serial-numbered TGB 
shafts.

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 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type designs.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Leonardo Helicopters Alert Service Bulletin (ASB) 
No. 119-090, Revision A, dated September 14, 2020. This service 
information specifies procedures for conducting an endoscope inspection 
of the internal surface of the TGB output shaft for corrosion. This 
service information also specifies replacing the TGB if corrosion is 
found.
    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.

Proposed AD Requirements in This NPRM

    This proposed AD would retain certain requirements of AD 2020-19-
11. This proposed AD would revise the compliance time for the 
repetitive inspections from intervals not to exceed 100 hours TIS or 6 
months to only intervals not to exceed 6 months. This proposed AD would 
also revise the applicability paragraph by adding certain serial-
numbered TGB shafts.

Differences Between This Proposed AD and the EASA AD

    The EASA AD uses flight hours to describe one compliance time, 
whereas this proposed AD would use hours TIS. The EASA AD requires 
using an endoscope for inspection, whereas this proposed AD would 
require inspecting with a borescope. The EASA AD defines the affected 
part as the 90-degree TGB shaft installed on TGB P/N 109-0440-06-01-
101, whereas the applicability paragraph of this proposed AD would 
include TGB P/N 109-0440-06-101 instead.

Interim Action

    The FAA considers this proposed AD an interim action.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 134 
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.
    Borescope inspecting the TGB output shaft would take about 3 work-
hours for an estimated cost of $255 per helicopter and $34,170 for the 
U.S. fleet per inspection cycle.
    Replacing a TGB would take about 18 work-hours and parts would cost 
about $49,000 (overhauled TGB) for an estimated cost of $50,530 per 
helicopter.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected operators.

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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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) 2020-19-11, Amendment 39-21254 
(85 FR 59404, September 22, 2020); and
0
b. Adding the following new AD:

Leonardo S.p.a: Docket No. FAA-2021-0373; Project Identifier MCAI-
2020-01352-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) action by July 6, 2021.

(b) Affected ADs

    This AD replaces AD 2020-19-11, Amendment 39-21254 (85 FR 59404, 
September 22, 2020); (AD 2020-19-11).

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A119 and AW119 MKII 
helicopters, certificated in any category, with 90-degree tail rotor 
gearbox (TGB) part number (P/N) 109-0440-06-101 or 109-0440-06-105, 
and with TGB shaft P/N 109-0443-03-107 having a serial number (S/N) 
listed in Table 1 of Leonardo Helicopters Alert Service Bulletin No. 
119-090, Revision A, dated September 14, 2020 (ASB 119-090), 
installed.


[[Page 27540]]


    Note 1 to paragraph (c):  A TGB shaft is also referred to as a 
mast gear assembly.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6510, Tail Rotor 
Drive Shaft.

(e) Unsafe Condition

    This AD was prompted by two occurrences of corrosion on the 
internal surface of the TGB shaft. The FAA is issuing this AD to 
detect corrosion of the TGB shaft. The unsafe condition, if not 
addressed, could result in failure of the tail rotor, possibly 
resulting in reduced control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) Within 25 hours time-in-service (TIS) or 3 months, whichever 
occurs first after the effective date of this AD, and thereafter at 
intervals not to exceed 6 months, borescope inspect the entire 
internal surface of the TGB shaft for corrosion. Refer to Detail A 
of Figure 1 of ASB 119-090, for a depiction of the entry point for 
the borescope. If there is corrosion, before further flight, remove 
the TGB from service.
    (2) As of the effective date of this AD, do not install on any 
helicopter any TGB P/N 109-0440-06-101 or 109-0440-06-105 that has 
TGB shaft P/N 109-0443-03-107 having an S/N listed in Table 1 of ASB 
119-090, unless the actions required by paragraph (g)(1) of this AD 
have been accomplished.

(h) Special Flight Permits

    A special flight permit may be permitted provided that there are 
no passengers onboard.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (j)(1) of 
this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(j) Related Information

    (1) For more information about this AD, contact Rao Edupuganti, 
Aerospace Engineer, Dynamic Systems Section, Technical Innovation 
Policy Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone (817) 222-5110; email rao.edupuganti@faa.gov.
    (2) 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 this referenced 
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.
    (3) The subject of this AD is addressed in European Union 
Aviation Safety Agency (EASA) AD 2020-0206, dated September 30, 
2020. You may view the EASA AD on the internet at https://www.regulations.gov in the AD Docket.

    Issued on May 15, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-10700 Filed 5-20-21; 8:45 am]
BILLING CODE 4910-13-P


