DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1081; Product Identifier 2017-SW-090-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 replacing the tail plane lower fitting with
an improved tail plane lower fitting. This proposed AD is prompted by
reports of cracks on the tail plane fittings of Model AW189
helicopters. The actions of this proposed AD are intended to correct an
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 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-2017-1081;
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: Martin R. Crane, Aviation Safety
Engineer, Regulations & Policy Section, Rotorcraft Standards Branch,
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-
5110; email martin.r.crane@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. 2016-0161, dated August 8, 2016,
to correct an unsafe condition for Leonardo Helicopters (previously
Finmeccanica S.p.A, AgustaWestand) Model AW189 helicopters. EASA
advises that some cracks have been reported in-service on the tail
plane fitting of AW189 helicopters following an onset of abnormal play.
According to EASA, this condition, if not detected and corrected, could
jeopardize structural integrity of the helicopter. EASA further advises
that Leonardo Helicopters developed a tail plane lower fitting with an
improved design (part number 8G0000P00511). Accordingly, EASA AD No.
2016-0161 requires repetitive inspections of the tail plane lower
fitting assembly until the improved tail plane lower fitting is
installed.

Because 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, this proposed AD specifies AgustaWestland as the
type certificate holder.

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

We reviewed Leonardo Helicopters Bollettino Tecnico (BT) No. 189-
038, Revision B, dated October 13, 2016, which specifies repetitively
inspecting the tail plane assembly for a crack.

We also reviewed BT No. 189-070, Revision A, dated October 13,
2016, which provides instructions for replacing the tail plane lower
fitting with the improved tail plane lower fitting, retromodification
part number (P/N) 8G0000P00511.

Proposed AD Requirements

This proposed AD would require, within 50 hours time-in-service
(TIS), replacing the tail plane fitting with tail plane
retromodification kit P/N 8G0000P00511.

Differences Between This Proposed AD and the EASA AD

The EASA AD requires inspecting the tail plane lower fitting for
play within 50 flight hours and thereafter at intervals not to exceed
25 flight hours. If a crack or other damage exists, the EASA AD
requires the improved tail plane lower fitting be installed within 10
flight hours. If no crack exists, the EASA AD requires that the
improved tail plane lower fitting be installed within 200 flight hours
or 2 months, whichever occurs first. This proposed AD would not require
inspections and would require installing the improved tail plane lower
fitting within 50 hours TIS.

Costs of Compliance

We estimate that this proposed AD would affect 2 helicopters of
U.S. Registry and that labor costs average $85 a work-hour. Based on
these estimates, we expect that replacing the tail plane lower fitting
with an improved tail plane lower fitting would require 64 work-hours
and parts would cost $15,424 for a total cost of $20,864 per helicopter
and $41,728 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.

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):