[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Rules and Regulations]
[Pages 67301-67303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25690]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / 
Rules and Regulations  

[[Page 67301]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0572; Project Identifier MCAI-2021-00391-R; 
Amendment 39-21778; AD 2021-22-05]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Leonardo S.p.a. Model A119 and AW119 MKII helicopters. This AD was 
prompted by reports of abnormal play on the collective torque tube on 
two Model AW119 MKII helicopters. This AD requires repetitive 
inspections of affected torque tube assemblies for any deficiency and 
corrective action if necessary; and the replacement of any affected 
part with a serviceable part, which is terminating action for the 
repetitive inspections, as specified in a European Union Aviation 
Safety Agency (EASA) AD, which is incorporated by reference. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 3, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 3, 
2022.

ADDRESSES: For EASA material incorporated by reference (IBR) in this 
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email [email protected]; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. You may view this material 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 the EASA material at the FAA, call (817) 222-5110. It is also 
available in the AD docket at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2021-0572.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0572; 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, the 
mandatory continuing airworthiness information (MCAI), 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: Andrea Jimenez, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Mail Stop: Room 410, 
Westbury, NY 11590; telephone (516) 228-7330; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0096, dated March 31, 2021 
(EASA AD 2021-0096), 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 AW119 MKII helicopters, 
all serial numbers.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Leonardo S.p.a. 
Model A119 and AW119 MKII helicopters. The NPRM published in the 
Federal Register on July 20, 2021 (86 FR 38242). The NPRM was prompted 
by reports of abnormal play on the collective torque tube on two Model 
AW119 MKII helicopters. Investigations revealed that these events were 
due to an erroneous manufacturing process, affecting certain collective 
torque tube assemblies. The affected batch numbers were identified. 
Leonardo S.p.a. Model A119 helicopters are similar in design and may be 
subject to the same unsafe condition revealed on the Model AW119 MKII 
helicopters. The NPRM proposed to require repetitive inspections of 
affected torque tube assemblies for any deficiency and corrective 
action if necessary; and the replacement of any affected part with a 
serviceable part, which is terminating action for the repetitive 
inspections, as specified in EASA AD 2021-0096.
    The FAA is issuing this AD to address abnormal play on the 
collective torque tube, which could result in reduced control of the 
helicopter, resulting in a forced landing and consequent damage to the 
helicopter and injury to occupants. See EASA AD 2021-0096 for 
additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received one comment from Air Methods Corporation (Air 
Methods). The following presents the comment received on the NPRM and 
the FAA's response to that comment.

Request To Apply Inspection and Replacement Criteria to Additional 
Torque Tube Batch Numbers

    Air Methods requested that paragraph (h)(6) in the ``Exceptions to 
EASA AD 2021-0096'' paragraph of the proposed AD be revised to allow 
additional appropriate actions for torque tubes that have batch numbers 
that are ``doubted.'' The commenter stated that applying the Group 1 
inspection and replacement criteria to any torque tube, regardless of 
batch number, is the most conservative action possible within the scope 
of the service information referenced in EASA AD 2021-0096.
    The FAA does not agree with the commenter's request. The intent of 
this AD is match the intent of EASA AD 2021-0096, which does not 
include torque tube batch numbers that are unknown or ``in doubt'' 
within the Group 1 helicopters. Also, if a ``doubted'' torque tube 
batch number is ultimately determined not to be within the number 
ranges designated as Group 1 or Group 2 in EASA AD 2021-0096, then it 
would be unnecessary to subject

[[Page 67302]]

that torque tube to the inspection and replacement requirements for 
Group 1 helicopters. In addition, once this AD is published, any person 
may request an alternative method of compliance (AMOC) by using the 
procedures specified in paragraph (j) of this AD. The FAA has not 
changed this AD regarding this issue.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety requires adopting this AD as 
proposed. Except for minor editorial changes this AD is adopted as 
proposed in the NPRM. None of the changes will increase the economic 
burden on any operator. Accordingly, the FAA is issuing this AD to 
address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0096 requires repetitive inspections of the affected 
torque tube assemblies for any deficiency (i.e., any play) by marking 
the torque tube assembly and the collar and applying specific loads to 
determine if there is any play; and replacement of any affected part 
that has any play with a serviceable part. EASA AD 2021-0096 also 
requires the eventual replacement of any affected part with a 
serviceable part, and specifies that replacement of an affected part on 
a helicopter constitutes terminating action for the repetitive 
inspections for that helicopter.
    This material 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 EASA AD

    EASA AD 2021-0096 supersedes EASA AD 2019-0057, dated March 20, 
2019 (EASA AD 2019-0057). The Group 1 helicopters identified in both 
EASA AD 2021-0096 and EASA AD 2019-0057 are helicopters with collective 
stick torque tube assemblies having part number (P/N) 109-0011-03-105 
and batch number 823207 or earlier. Paragraph (1) of EASA AD 2021-0096 
addresses Group 1 helicopters that have incorporated the actions 
required by paragraph (2) of EASA AD 2019-0057. The FAA did not issue 
an AD that corresponds to EASA AD 2019-0057, therefore, this AD 
requires, for Group 1 helicopters, an initial inspection of the torque 
tube assembly within 50 hours time-in-service (TIS) after the effective 
date of the FAA AD and repetitive inspections thereafter at intervals 
not to exceed 100 hours TIS.
    In addition, where paragraph (5) of EASA AD 2021-0096 specifies, 
for Group 1 helicopters, replacement of an affected part with a 
serviceable part ``within 36 months after April 3, 2019 [the effective 
date of EASA AD 2019-0057]'', for this AD, the compliance time is 
within 24 months after the effective date of this AD.

Costs of Compliance

    The FAA estimates that this AD affects 136 helicopters of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.......................  2 work-hours x $85               $0  $170 per inspection  $23,120 per
                                    per hour = $170                      cycle.               inspection cycle.
                                    per inspection
                                    cycle.
Replacement......................  16 work-hours x $85          $9,928  $11,288............  $1,535,168.
                                    per hour = $1,360.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this 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

    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.

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 adding the following new airworthiness 
directive:

2021-22-05 Leonardo S.p.a.: Amendment 39-21778; Docket No. FAA-2021-
0572; Project Identifier MCAI-2021-00391-R.

(a) Effective Date

    This airworthiness directive (AD) is effective January 3, 2022.

[[Page 67303]]

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A119 and AW119 MKII 
helicopters, certificated in any category, all serial numbers.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6700, Rotorcraft 
Flight Control.

(e) Unsafe Condition

    This AD was prompted by reports of abnormal play on the 
collective torque tube on two Model AW119 MKII helicopters. The FAA 
is issuing this AD to address abnormal play on the collective torque 
tube, which could result in reduced control of the helicopter, 
resulting in a forced landing and consequent damage to the 
helicopter and injury to occupants.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2021-0096, dated March 31, 2021 (EASA AD 2021-0096).

(h) Exceptions to EASA AD 2021-0096

    (1) Where EASA AD 2021-0096 refers to flight hours (FH), this AD 
requires using hours time-in-service (TIS).
    (2) Where EASA AD 2021-0096 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraphs (1) and (2) of EASA AD 2021-0096 specify 
the compliance times for Group 1 helicopters to inspect the affected 
part, this AD requires an initial inspection within 50 hours TIS 
after the effective date of this AD, and thereafter at intervals not 
to exceed 100 hours TIS.
    (4) Where paragraph (5) of EASA AD 2021-0096 specifies, for 
Group 1 helicopters, replacement of an affected part with a 
serviceable part ``within 36 months after April 3, 2019 [the 
effective date of EASA AD 2019-0057],'' for this AD, that 
replacement must be done within 24 months after the effective date 
of this AD.
    (5) Where the service information referenced in EASA AD 2021-
0096 specifies to return a torque tube assembly to the manufacturer, 
this AD does not include that requirement.
    (6) Where the service information referenced in EASA AD 2021-
0096 specifies to contact the manufacturer ``in case of doubt'' 
regarding the batch number on a torque tube assembly, determining 
the batch number is required by this AD but contacting the 
manufacturer is not required.
    (7) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0096.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0096 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k) of 
this AD. Information may be emailed to: [email protected].
    (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.

(k) Related Information

    For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Mail Stop: Room 410, Westbury, NY 11590; telephone 
(516) 228-7330; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0096, 
dated March 31, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0096, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; Internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material 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 
the EASA material at the FAA, call (817) 222-5110.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 13, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-25690 Filed 11-24-21; 8:45 am]
BILLING CODE 4910-13-P


