DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0238; Product Identifier 2018-SW-018-AD; Amendment
39-19265; AD 2018-06-51]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are publishing a new airworthiness directive (AD) for
Agusta S.p.A. Model A109A, A109A II, A109C, A109E, A109K2, A109S, A119,
AW109SP, and AW119 MKII helicopters. This AD requires removing a
certain swashplate support (support) from service. This AD is prompted
by an error in a parts catalog incorrectly identifying the support as
approved for installation on Model AW109SP helicopters. We are issuing
this AD to address the unsafe condition on these products.

DATES: This AD becomes effective June 7, 2018 to all persons except
those persons to whom it was made immediately effective by Emergency AD
2018-06-51, issued on March 19, 2018, which contains the requirements
of this AD.
We must receive comments on this 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-2018-
0238; 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 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 final 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

This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments prior to it becoming effective. However, 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 resulted
from adopting this AD. The most helpful comments reference a specific
portion of the AD, 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 them 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 rulemaking during the
comment period. We will consider all the comments we receive and may
conduct additional rulemaking based on those comments.

Discussion

On March 19, 2018, we issued Emergency AD 2018-06-51 to address an
unsafe condition on Agusta S.p.A. Model A109A, A109A II, A109C, A109E,
A109K2, A109S, A119, AW109SP, and AW119 MKII helicopters with a support
part number (P/N) 109-0110-05-101 installed. Emergency AD 2018-06-51
was sent previously to all known U.S. owners and operators of these
helicopters. Emergency AD 2018-06-51 requires removing the supports
from service and re-identifying spherical sleeve assembly (sleeve) P/N
109-0134-02-103.
Emergency AD 2018-06-51 was prompted by an error in a parts catalog
that incorrectly identifies support P/N 109-0110-05-101 as approved for
installation on Model AW109SP helicopters. Support P/N 109-0110-05-101
is made of aluminum alloy and is approved for installation on Model
A109A, A109A II, A109C, A109E, A109K2, A109S, A119, and AW119 MKII
helicopters, but is not approved for installation on Model AW109SP
helicopters. The approved support for Model AW109SP helicopters is made
of steel. This condition, if not corrected, could result in failure of
the support and subsequent loss of control of the helicopter.
EASA, which is the Technical Agent for the Member States of the
European Union, issued AD No. No. 2018-0053-E, dated March 8, 2018, to
correct an unsafe condition for Leonardo S.p.A. Helicopters (previously
Agusta S.p.A.) Model AW109SP helicopters. The EASA AD advises that
support P/N 109-0110-05-101, which is not eligible for installation on
Model AW109SP helicopters, was erroneously listed in the Model AW109SP
parts catalog. EASA states that this may have led to inadvertent
installations of the support in service on a Model AW109SP helicopter.
The EASA AD requires replacing the support and re-identifying the P/N
on the identification plate of the sleeve if the P/N is not P/N 109-
0134-02-105. Sleeve P/N 109-0134-02-105 is composed of the steel
support. The EASA AD also prohibits installing the support on any Model
AW109SP helicopter. EASA states that its AD actions are intended to
prevent failure of the support, which could result in loss of control
of the helicopter.
The FAA is in the process of updating Agusta S.p.A.'s name change
to Leonardo S.p.A. on its FAA type certificate. Because this name
change is not yet effective, this AD specifies Agusta S.p.A. 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 the EASA AD. We
are issuing this AD because we evaluated all the information provided
by EASA and determined the unsafe condition exists and is likely to
exist or develop on other helicopters of these same type designs.

Related Service Information

We reviewed Leonardo Helicopters Emergency Alert Service Bulletin
No. 109SP-119, dated March 7, 2018. This service information specifies
replacing support P/N 109-0110-05-101 with support P/N 109-0134-29-101.
This service information also specifies inspecting the sleeve
identification plate and depending on the findings, replacing and re-
identifying the identification plate.

AD Requirements

This AD requires removing support P/N 109-0110-05-101 from service
that is or has been installed on a Model AW109SP helicopter. If sleeve
P/N 109-0134-02-103 is installed, this AD requires re-identifying the
P/N of the sleeve on Model AW109SP helicopters. This AD also prohibits
installing support P/N 109-0110-05-101 on any Model AW109SP helicopter.

Differences Between This AD and the EASA AD

This AD requires removing a support installed on a Model AW109SP
helicopter from service before further flight, while the compliance
time in the EASA AD depends on the flight hours of the support. This AD
applies to Model A109A, A109A II, A109C, A109E, A109K2, A109S, A119,
and AW119 MKII helicopters and requires removing the support installed
on these models from service if previously installed on a Model AW109SP
helicopter. The EASA AD does not apply to these models or contain this
requirement for supports previously installed on a Model AW109SP
helicopter.

Costs of Compliance

We estimate that this AD affects 266 helicopters of U.S. Registry.
We estimate that operators may incur the following costs in order to
comply with this AD. Labor costs are estimated at $85 per work-hour.
Replacing a support takes about 10 work-hours and parts cost about
$6,288 for an estimated cost of $7,138 per helicopter. Re-identifying a
sleeve identification plate takes about 0.5 work-hour and the parts
cost is minimal for an estimated cost of $43 per helicopter.

According to Leonardo Helicopter's 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.

FAA's Justification and Determination of the Effective Date

An unsafe condition exists that required the immediate adoption of
Emergency AD 2018-06-51, issued on March 19, 2018, to all known U.S.
owners and operators of these helicopters. The FAA found that the risk
to the flying public justified waiving notice and comment prior to
adoption of this rule because the required corrective actions must be
accomplished before further flight or within 5 hours time-in-service,
depending on the model helicopter. These conditions still exist and the
AD is hereby published in the Federal Register as an amendment to
section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to
make it effective to all persons. Therefore, we find good cause that
notice and opportunity for prior public comment are impracticable. In
addition, for the reason stated above, we find that good cause exists
for making this amendment effective in less than 30 days.

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 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, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under 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 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.

Adoption of 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

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):