DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0619; Product Identifier 2016-SW-093-AD]
RIN 2120-AA64
Airworthiness Directives; AgustaWestland S.p.A. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD)
for
AgustaWestland S.p.A. (AgustaWestland) Model AW189 helicopters. This
proposed AD would require inspecting the tail gearbox (TGB) fitting for
a crack. This proposed AD is prompted by a report of a crack on a TGB
fitting that was found during a scheduled inspection. The actions of
this proposed AD are intended to prevent an unsafe condition on these
products.
DATES: We must receive comments on this proposed AD by April 23,
2018.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Docket: Go to http://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 http://www.regulations.
gov by searching for and locating Docket No. FAA-2017-0619;
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 (EASA) AD, the
economic evaluation, any comments received, and other information. The
street address for Docket Operations (telephone 800-647-5527) is in the
ADDRESSES section. 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, Matteo Ragazzi, Head of Airworthiness, Viale
G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone +39-0331-
711756; fax +39-0331-229046; or at http://www.leonardocompany.com/-/
bulletins. You may review 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, Senior Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110;
email matthew.fuller@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. 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.
We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.
Discussion
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD No. 2016-0177, dated September 8,
2016, to correct an unsafe condition for Leonardo Helicopters (formerly
Finmeccanica S.p.A. and AgustaWestland) Model AW189 helicopters with a
tail assembly part number (P/N) 8G5350A00131.
EASA advises that a crack was detected on the TGB fitting P/N
4F5350A04152 during a scheduled inspection of an AW189 helicopter. EASA
advises that this condition, if not detected and corrected, could lead
to crack propagation up to a critical length. This condition could
reduce the assembly's ability to sustain loads from the TGB and tail
rotor, possibly resulting to reduced helicopter control. The EASA AD
consequently requires repetitive inspections of the fitting and
replacing the fitting, depending on the inspections' outcome. EASA
considers these actions to be interim and that further AD action may
follow.
The FAA is in the process of updating AgustaWestland's name changes
to Finmeccanica S.p.A., and then to Leonardo Helicopters, on its FAA
type certificate. Because this name change is not yet effective, this
AD specifies AgustaWestland.
FAA's Determination
These helicopters have been approved by the aviation authority of
Italy and are approved for operation in the United States. Pursuant to
our bilateral agreement with Italy, EASA, its technical representative,
has notified us of the unsafe condition described in its AD. We are
proposing this AD because we evaluated all known relevant information
and determined that an unsafe condition is likely to exist or develop
on other products of the same type design.
Related Service Information Under 1 CFR Part 51
Leonardo Helicopters has issued Bollettino Tecnico No. 189-114,
dated September 6, 2016 (BT), which specifies inspecting the TGB
fitting within 30 flight hours or 1 month from the receipt of the BT,
whichever comes first, and then at intervals not to exceed 150 flight
hours. If a crack is found, the BT requires replacing the TGB fitting.
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
This proposed AD would require within 30 hours time-in-service
(TIS) and thereafter at intervals not to exceed 150 hours TIS, cleaning
the areas around the Hi-lok holes and inspecting the TGB fitting for a
crack. If a crack exists, this proposed AD would require replacing the
part before the next flight.
Differences Between This Proposed AD and the EASA AD
The EASA AD requires you to provide a compliance record and return
parts to Leonardo Helicopters if a crack is found on the fitting. This
proposed AD would require no such actions.
Interim Action
We consider this proposed AD to be an interim action. The design
approval holder is expected to develop a modification that will address
the unsafe condition identified in this AD. Once this modification is
developed, approved, and available, we might consider additional
rulemaking.
Costs of Compliance
We estimate that this AD affects 4 helicopters of U.S. Registry and
that labor costs average $85 per work-hour. Based on these estimates,
we expect the following costs:
Inspecting the TGB fitting would require 4 work-hours and
no parts for a cost per helicopter of $340 and $1,360 for the U.S.
fleet each inspection cycle.
Replacing the TGB fitting would require 48 work-hours and
parts would cost $30,000 for a cost of $34,080 per helicopter.
According to Leonardo Helicopters' service information, some of the
costs of this AD may be covered under warranty, thereby reducing the
cost impact on affected individuals. We do not control warranty
coverage by Leonardo Helicopters. Accordingly, we have included all
costs in our 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.
We are 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
We 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. Is not a "significant rule" under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
4. 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.
We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
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