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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-1077; Project Identifier 2016-SW-070-AD; Amendment
39-21493; AD 2021-07-16]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD)
for
certain Leonardo S.p.a. Model AB412 helicopters. This AD was prompted
by a cracked spiral bevel gear. This AD requires a one-time visual
inspection and a recurring fluorescent magnetic particle inspection
(FMPI) of affected spiral bevel gears for a crack, and depending on the
inspection results, removing the spiral bevel gear from service. This
AD also prohibits installing an affected spiral bevel gear unless it
has recently passed an FMPI. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD becomes effective April 28, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of April 28, 2021.
The FAA must receive comments on this AD by May 28, 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 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-2017-1077.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2017-1077; 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 Aviation Safety Agency (now 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: Rao Edupuganti, Aerospace Engineer,
Dynamic Systems Section, Technical Innovation Policy Branch, Policy &
Innovation Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177;
telephone (817) 222-5110; email rao.edupuganti@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2016-0166-E, dated August 12, 2016
and corrected October 4, 2017 (EASA AD 2016-0166-E), to correct an
unsafe condition for Leonardo S.p.A. (formerly AgustaWestland S.p.A.,
Agusta S.p.A., Costruzioni Aeronautiche Giovanni Agusta) Model AB204B,
AB205A1, and AB212 helicopters, all serial numbers (S/Ns), and AB412
helicopters all S/Ns up to S/N 25669 inclusive. EASA advises that a
crack was found in a spiral bevel gear part number (P/N) 204-040-701-
103 during a scheduled inspection of a main rotor (M/R) transmission P/
N 212-040-001-59. The initial investigation determined that the crack
originated from the bottom of one of the 32 threaded holes. EASA
further advises that other spiral bevel gears manufactured with the
same process as the defective one could be affected by the same issue.
This condition, if not addressed, could lead to failure of the M/R
transmission and possible loss of control of the helicopter.
Accordingly, EASA AD 2016-0166-E requires a one-time visual
inspection and a recurring FMPI of certain serial-numbered spiral bevel
gears P/N 204-040-701-103 for a crack, and if there is a crack,
replacing the spiral bevel gear or the M/R transmission. EASA AD 2016-
0166-E also prohibits installing an affected spiral bevel gear unless
it is a serviceable part. EASA considers its AD an interim action and
states that further AD action may follow.
FAA's Determination
This model helicopter has been approved by EASA and is 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 design.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Finmeccanica Helicopter Division (FHD) Alert
Bollettino Tecnico No. 412-146, Revision A, dated July 7, 2016. This
service information specifies procedures for a one-time visual
inspection of the spiral bevel gear by marking one tooth of the spiral
bevel gear with white chalk (or equivalent), and with the aid of a
light source, rotating the tail rotor blades, and visually inspecting
the teeth of the spiral bevel gear for a crack. This service
information also specifies procedures for a recurring FMPI of the
spiral bevel gear for a crack. If there is a crack, this service
information specifies removing the spiral bevel gear from service and
reporting
findings to FHD Product Support Engineering.
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 requires a one-time visual inspection and a recurring FMPI
of certain serial-numbered spiral bevel gears P/N 204-040-701-103 for
a
crack, and if there is a crack, removing the spiral bevel gear from
service. This AD also prohibits installing an affected spiral bevel
gear unless it has previously passed an FMPI within less than 300 hours
time-in-service.
Differences Between This AD and the EASA AD
EASA AD 2016-0166-E applies to Model AB204B, AB205A1, and AB212
helicopters, whereas this AD does not because those model helicopters
are not FAA type-certificated. EASA AD 2016-0166-E applies to certain
serial-numbered helicopters, whereas this AD applies to certain serial-
numbered helicopters with certain serial-numbered spiral bevel gears P/
N 204-040-701-103 installed instead. EASA AD 2016-0166-E also includes
a compliance time of before the spiral bevel gear accumulates 1,200
flight hours since first installation on a helicopter, whereas this AD
does not.
Interim Action
The FAA considers this AD to be an interim action. If final action
is later identified, the FAA might consider further rulemaking then.
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. There are no helicopters with this type
certificate on the U.S. Registry. Accordingly, notice and opportunity
for prior public comment are unnecessary, pursuant to 5 U.S.C.
553(b)(3)(B).
In addition, for the foregoing reason(s), 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.
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-2017-1077; Project Identifier 2016-
SW-070-AD'' 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 Rao
Edupuganti, Aerospace Engineer, Dynamic Systems Section, Technical
Innovation Policy Branch, Policy & Innovation Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email
rao.edupuganti@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
There are no costs of compliance with this AD because there are no
helicopters with this type certificate on the U.S. Registry.
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.
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:
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