DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0649; Product Identifier 2019-SW-061-AD]
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 adopt a new airworthiness directive
(AD)
for certain Leonardo S.p.a. (Leonardo) Model AB139 and AW139
helicopters. This proposed AD would require removing certain engine
mounting rods from service and prohibit their installation on any
helicopter. This proposed AD was prompted by a report of non-conforming
engine mounting rods. The actions of this proposed AD are intended to
address an unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by September
8, 2020.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Docket: Go to https://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 https://www.regulations.
gov by searching for and locating Docket No. FAA-2020-0649;
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 Union Aviation Safety Agency (EASA) AD,
any comments received, and other information. The street address for
Docket Operations is listed above. 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, 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 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: Kristi Bradley, Aerospace Engineer,
Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone 817-222-5110; email kristin.bradley@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views. 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.
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 file in the docket all comments received, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments received on or before the
closing date for comments. The FAA will consider comments filed after
the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments received.
Confidential Business Information
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 Kristi Bradley, Aerospace Engineer, Rotorcraft
Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177;
telephone 817-222-5110; email kristin.bradley@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.
Discussion
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD No. 2019-0149, dated June 24, 2019,
to correct an unsafe condition for Leonardo S.p.a. (formerly
Finmeccanica S.p.A., AgustaWestland S.p.A., Agusta S.p.A.; and
AgustaWestland Philadelphia Corporation, formerly Agusta Aerospace
Corporation) Model AB139 and AW139 helicopters with certain serial
numbered engine mounting rods part number (P/N) 3G7120V00132 installed.
EASA advises of reports of a production non-conformity on a specific
batch of these engine mounting rods. EASA further advises that this
non-conformity degrades the material strength of the engine mounting
rods.
EASA states this condition, if not corrected, could lead to failure
of an affected engine mounting rod, possibly resulting in loss of
control of the helicopter. Accordingly, the EASA AD requires removing
from service each affected engine mounting rod, emailing a completed
"Scrap Report" to Leonardo Helicopters Division, and installing a
serviceable engine mounting rod. The EASA AD also prohibits installing
an affected engine mounting rod on any helicopter.
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 an
unsafe condition is likely to exist or develop on other helicopters of
the same type designs.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Leonardo Helicopters Alert Service Bulletin (ASB)
No. 139-593, Revision A, dated June 14, 2019 (ASB 139-593, Revision A),
for Model AB139 and AW139 helicopters. This service information
specifies procedures to replace the engine outboard and inboard
mounting rods from the Number 1 and Number 2 engines.
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.
Other Related Service Information
The FAA reviewed Leonardo Helicopters ASB No. 139-593, dated June
11, 2019. This service information contains the same procedures as ASB
139-593, Revision A. However, ASB 139-593, Revision A expands the
applicability from certain serial-numbered Model AB139 and AW139
helicopters to all Model AB139 and AW139 helicopters with affected
engine mounting rods installed.
The FAA also reviewed Leonardo Helicopters AMP DM 39-A-71-21-05-
00A-520A-B, AMP DM 39-A-71-21-05-00A-720A-B, AMP DM 39-A-71-21-06-00A-
520A-B, AMP DM 39-A-71-21-06-00A-720A-B, AMP DM 39-A-71-21-07-00A-520A-
B, AMP DM 39-A-71-21-07-00A-720A-B, AMP DM 39-A-71-21-08-00A-520A-B,
and AMP DM 39-A-71-21-08-00A-720A-B, all dated October 4, 2019. This
service information specifies instructions for removing and installing
the outboard and inboard engine mounting rods.
Proposed AD Requirements
This proposed AD would require removing from service certain
serial-numbered engine mounting rods P/N 3G7120V00132. This proposed AD
would also prohibit installing an affected engine mounting rod on any
helicopter.
Differences Between This Proposed AD and the EASA AD
The EASA AD requires emailing a completed "Scrap Report" to
Leonardo Helicopters Division at the same compliance time as the engine
mounting rod removal, whereas this proposed AD would not.
Costs of Compliance
The FAA estimates that this AD would affect up to 126 helicopters
of U.S. Registry. The FAA estimates that operators may incur the
following costs in order to comply with this AD. Labor costs are
estimated at $85 per work-hour.
Replacing an engine mounting rod would require about 8 work-hours
per and parts would cost about $1,000 for an estimated cost of $1,680
per engine mounting rod.
According to Leonardo Helicopter's service information, some of the
costs of this proposed AD may be covered under warranty, thereby
reducing the cost impact on affected individuals. The FAA does not
control warranty coverage by Leonardo Helicopters. Accordingly, all
costs are included in this 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.
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. Will not affect intrastate aviation in Alaska, and
3. Will not have a significant economic impact, positive or
negative, on a 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
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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