DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0194; Project Identifier MCAI-2020-01434-R;
Amendment 39-21482; AD 2021-07-05]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a. (Type Certificate
Previously Held by Agusta S.p.A.) (Leonardo) Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2007-26-52
which applied to certain Agusta S.p.A. (now Leonardo) Model A109C,
A109E, and A109K2 helicopters. AD 2007-26-52 required inspecting for
swelling, deformation, bonding separation, and for a crack on each main
rotor blade (MRB) with a certain part-numbered tip cap installed, and
removing the MRB from service before further flight if any of these
conditions exist and exceed the prescribed limits. This AD retains all
inspections for certain serial-numbered MRBs, but for MRBs with a
certain tip cap installed, this AD requires dye-penetrant inspections
rather than visual inspections. This AD was prompted by additional
reports of in-flight loss of part of a tip cap. The FAA is issuing this
AD to address the unsafe condition on these products.
DATES: This AD becomes effective April 8, 2021.
The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of April 8, 2021.
The Director of the Federal Register approved the incorporation by
reference of certain other documents listed in this AD as of January 7,
2002 (66 FR 60144, December 3, 2001).
The FAA must receive comments on this AD by May 10, 2021.
ADDRESSES: You may send comments, using the procedures found in
14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow
the
instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For Agusta and Leonardo Helicopters service information identified
in this final 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 this service
information 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 this material at the FAA, call (817)
222-5110. It is also available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0194.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0194; 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
European Union Aviation Safety Agency (EASA) AD, any comments received,
and other information. The street address for Docket Operations is
listed above.
FOR FURTHER INFORMATION CONTACT: Fred Guerin, Aerospace Engineer,
General Aviation & Rotorcraft Section, International Validation Branch,
FAA, 2200 South 216th St., Des Moines, WA 98198; telephone (206) 231-
3500; email fred.guerin@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued Emergency AD 2007-26-52 on December 20, 2007 and
published it as a Final rule; request for comments on May 9, 2008, as
Amendment 39-15519 (73 FR 26316). AD 2007-26-52 applied to Agusta
S.p.A. (now Leonardo) Model A109C, A109E, and A109K2 helicopters with
an MRB part number (P/N) 709-0103-01-all dash numbers installed. AD
2007-26-52 required, for any MRB with a serial number (S/N) with a
prefix of either ``EM-'' or ``A5-'', except a MRB with a tip cap P/N
709-0103-29-109, within 10 hours time-in-service (TIS) and thereafter
at intervals not to exceed 25 hours TIS:
A tap inspection of the upper and lower sides of each tip
cap and in the tip cap to blade bond area for bonding separation;
A visual inspection of the upper and lower side of each
blade tip cap for swelling or deformation; and
A dye-penetrant inspection of the tip cap leading edge
along the welded joint line of the upper and lower tip cap skin shells
for a crack.
For any MRB with a tip cap P/N 709-0103-29-109 installed, the AD
required visually inspecting for a crack on the leading edge at the
welded bead (joint line of shells) using a 10x or higher power
magnifying glass, and if there is damage other than a crack, inspecting
the area using a dye-penetrant inspection method, within the following
compliance times:
For a tip cap P/N 709-0103-29-109 with 600 or more hours
TIS, inspect within the next 5 hours TIS or 30 days, whichever occurs
first, and thereafter at intervals not to exceed 50 hours TIS; or
For a tip cap P/N 709-0103-29-109 with less than 600 hours
TIS, inspect before reaching 600 hours TIS, and thereafter, at
intervals not to exceed 50 hours TIS.
AD 2007-26-52 also required replacing the MRB if swelling,
deformation, a crack, or bonding separation that exceeds the prescribed
limits is found in an MRB with an affected prefix, except an MRB with
a
tip cap P/N 709-0103-29-109. The MRB must be replaced with an airworthy
MRB before further flight. If a crack is found in a MRB with tip cap P/
N 709-0103-29-109, then AD 2007-26-52 required replacing the MRB before
further flight. The actions were required to be accomplished in
accordance with the manufacturer's service information.
AD 2007-26-52 was prompted by EASA AD 2007-0306-E, dated December
14, 2007 (EASA AD 2007-0306-E). EASA, which is the Technical Agent for
the Member States of the European Union, notified the FAA that an
unsafe condition may exist on Agusta Model A109C, A109E, and A109K2
helicopters. EASA advises that an incident occurred in which a Model
A109E helicopter lost part of the tip of the MRB due to fracture of the
welded bead (joint line of shells). The manufacturer advised that the
investigation relating to this tip cap failure was still ongoing.
Actions Since AD 2007-26-52 Was Issued
Since the FAA issued AD 2007-26-52, EASA issued AD 2020-0230, dated
October 22, 2020 (EASA AD 2020-0230), which supersedes EASA AD 2007-
0306-E, to correct an unsafe condition for Leonardo S.p.a. Helicopters,
formerly Finmeccanica S.p.A., AgustaWestland S.p.A., Agusta
S.p.A., Model A109E, A109K2, and A109C helicopters, all serial numbers.
EASA advises that recent occurrences of affected parts detachment have
been reported. EASA advises that the visual inspection for MRBs with
tip cap P/N 709-0103-29-109 installed is no longer acceptable to detect
part cracking and that this condition, if not detected and corrected,
could lead to further affected parts detachments, possibly resulting in
reduced control of the helicopter.
Accordingly, EASA AD 2020-0230 replaces the requirements of EASA AD
2007-0306-E for MRBs with a tip cap P/N 709-0103-29-109 installed, by
changing the visual inspections of affected parts to dye-penetrant
inspections and requires, depending on findings, replacement.
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 issuing this AD after
evaluating all known relevant information and determining that the
unsafe condition described previously is likely to exist or develop on
other helicopters of the same type designs.
Related Service Information Under 1 CFR Part 51
The FAA previously reviewed the following Agusta Alert Bollettino
Tecnicos (BT), each Revision B and each dated December 19, 2000:
No. 109-106 which applies to Model A109C helicopters;
No. 109EP-1 which applies to Model A109E helicopters; and
No. 109K-22 which applies to Model A109K2 helicopters.
These BTs specify procedures for inspecting the MRB tip cap for
bonding separation and a crack; a tap inspection of the tip cap for
bonding separation in the blade bond; and a dye-penetrant inspection of
the tip cap leading edge along the welded joint line of the upper and
lower tip cap skin shells for a crack.
The FAA reviewed the following Leonardo Helicopters Alert Service
Bulletins (ASBs), each Revision A and each dated October 19, 2020:
No. 109-125 which applies to Model A109C helicopters;
No. 109EP-085 which applies to Model A109E helicopters;
and
No. 109K-048 which applies to Model A109K2 helicopters.
These ASBs specify dye-penetrant inspecting the tip cap P/N 709-
0103-29-109 for cracks on the tip cap leading edge at the welded bead
(joint line of shells) and removes the magnifying glass inspection that
was specified in the original ASBs.
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.
AD Requirements
This AD continues to require, for an MRB with a S/N that has a
prefix of either ``EM-'' or ``A5-'', except an MRB with a tip cap P/N
709-0103-29-109 installed, within 10 hours TIS after the effective date
of this AD and thereafter at intervals not to exceed 25 hours TIS, tap
inspecting each tip cap for bonding separation in specified areas; tap
inspecting for bonding separation in the tip cap to blade bond area;
visually inspecting the upper and lower sides of each blade tip cap for
swelling or deformation; and dye-penetrant inspecting the tip cap
leading edge along the welded joint line of the upper and lower tip cap
skin shells for a crack. If there is any swelling, deformation, or
crack, or bonding separation that exceeds allowable limits, removing
the blade from service is required before further flight; if there is
no swelling, deformation or crack, or if bonding separation does not
exceed allowable limits, continuing the inspections is required.
For an MRB with a tip cap P/N 709-0103-29-109 installed, this AD
now requires, for each tip cap with less than 600 hours TIS, before
reaching 600 hours TIS, and thereafter, at intervals not to exceed 50
hours TIS, or for each tip cap with 600 or more hours TIS, within the
next 5 hours TIS or 30 days after the effective date of this AD,
whichever occurs first, and thereafter at intervals not to exceed 50
hours TIS, dye-penetrant inspecting the welded bead on the tip cap
leading edge (joint line between the two metal shells) for a crack and
removing the tip cap from service if there is a crack.
This AD also prohibits installing an MRB with tip cap P/N 709-0103-
29-109 on any helicopter unless it has been inspected in accordance
with the inspection requirements of this AD.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because inspections for certain MRBs must be accomplished within 5 or
10 hours TIS after the effective date of this AD, depending on the MRB,
and corrective action is required before further flight. Accordingly,
notice and opportunity for prior public comment are impracticable and
contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B). In
addition, the FAA finds that good cause exists pursuant to 5 U.S.C.
553(d) for making this amendment effective in less than 30 days, for
the same reasons the FAA found good cause to forego notice and comment.
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0194; Project Identifier MCAI-
2020-01434-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
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 post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.
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 AD 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 AD, 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 AD. Submissions
containing CBI should be sent to Fred Guerin, Aerospace Engineer,
General Aviation & Rotorcraft Section, International Validation Branch,
FAA, 2200 South 216th St., Des Moines, WA 98198; telephone (206) 231-
3500; email fred.guerin@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.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 72 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
Each tap inspection will take about 3 work-hours and there are no
parts costs for an estimated cost of about $255 per helicopter per
inspection cycle.
Each visual inspection will take about 1 work-hour and there are no
parts cost for an estimated cost of about $85 per helicopter per
inspection cycle.
Each dye-penetrant inspection will take about 3 work-hours and
parts will cost about $100 for an estimated cost of about $355 per
helicopter per inspection cycle.
Replacing a blade, if required, will take about 2 work-hours and
parts will cost about $98,435 per blade, for an estimated cost of about
$98,605 per replacement.
Replacing a tip cap, if required, will take about 30 work-hours and
parts will cost about $3,034 per tip cap, for an estimated cost of
about $5,584 per replacement.
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, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
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:
a. Removing Airworthiness Directive (AD) 2007-26-52, Amendment 39-15519
(73 FR 26316, May 9, 2008); and
b. Adding the following new AD:
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