AD 2017-23-08

[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Rules and Regulations]
[Pages 55752-55755]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-24738]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0982; Product Identifier 2017-SW-009-AD; Amendment 
39-19102; AD 2017-23-08]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2014-24-02 for 
Agusta S.p.A. (Agusta) Model AB139 and AW139 helicopters. AD 2014-24-02 
required repetitively inspecting the main rotor (M/R) rotating 
scissors, removing certain lower half scissor spherical bearings 
(bearings) from service, and installing a special nut. This new AD 
revises the inspection requirements and requires replacing the 
bearings. This AD is prompted by a new report of a dislodged bearing of 
an M/R rotating scissor. The actions of this AD are intended to correct 
an unsafe condition on these products.

DATES: This AD becomes effective December 11, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of December 11, 
2017.
    We must receive comments on this AD by January 23, 2018.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Docket: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for sending your 
comments electronically.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2017-
0982; or in person at the Docket Operations Office 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, any 
incorporated by reference service information, the economic evaluation, 
any comments received, and other information. The street address for 
the Docket Operations Office (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 <a href="http://www.leonardocompany.com/-/bulletins">http://www.leonardocompany.com/-/bulletins</a>. 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. It is also

[[Page 55753]]

available on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching 
for and locating Docket No. FAA-2017-0982.

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 <a href="/cdn-cgi/l/email-protection#99f4f8ededf1fceeb7ffecf5f5fcebd9fff8f8b7fef6ef"><span class="__cf_email__" data-cfemail="432e2237372b26346d25362f2f2631032522226d242c35">[email&#160;protected]</span></a>.

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

    We issued AD 2014-24-02, Amendment 39-18035 (79 FR 70785, November 
28, 2014) (AD 2014-24-02), for Agusta S.p.A. Model AB139 and AW139 
helicopters with a M/R rotating scissors part number (P/N) 3G6230A00733 
with a bearing P/N 3G6230V00654 installed. AD 2014-24-02 required 
repetitive inspections of the M/R rotating scissors for damage and play 
of the bearing and replacing the nut with a special nut, P/N 
3G6230A06851, which lengthens the compliance time for repetitive 
inspections. AD 2014-24-02 was prompted by AD No. 2014-0215-E, dated 
September 24, 2014, issued by EASA, which is the Technical Agent for 
the Member States of the European Union. EASA AD No. 2014-0215-E 
corrected an unsafe condition for the AgustaWestland S.p.A and 
AgustaWestland Philadelphia Corporation Model AB139 and AW139 
helicopters. EASA advised of reports of early excessive play in the 
bearings and a report of a chipped bearing liner.

Actions Since AD 2014-24-02 Was Issued

    Since we issued AD 2014-24-02, EASA issued AD No. 2017-0028-E, 
dated February 15, 2017, which supersedes AD No. 2014-0215-E. EASA AD 
No. 2017-0028-E was prompted by a report of a dislodged bearing P/N 
3G6230V00654 with special nut P/N 3G6230A06851 installed. EASA advises 
that all bearings P/N 3G6230V00654 could prematurely damage or wear, 
including those with the special nut. For these reasons, EASA AD No. 
2017-0028-E partially retains the repetitive inspections and requires 
replacement of the bearing with improved bearing P/N 3G6230V00655 as 
terminating action for the inspections.
    Additionally, Agusta S.p.A. has changed its name to Leonardo 
Helicopters. Because the FAA is in the process of updating this name 
change on its FAA type certificate and it 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 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 Under 1 CFR Part 51

    We reviewed Leonardo Helicopters (previously Agusta S.p.A.) Alert 
Bollettino Tecnico No. 139-392, Revision A, dated February 14, 2017. 
This service information specifies repetitively inspecting the M/R 
rotating scissors to monitor the bearings and replacing the bearing 
with a new part-numbered bearing.
    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

    We reviewed Leonardo Helicopters AW139 IETP Document Code AMP-39-C-
62-31-00-00A-31AC-A, Rotating control installation--Fixed swashplate 
and rotating scissors--Detailed inspection, Issue 29, dated July 31, 
2017. This service information describes procedures for a detailed 
inspection of the fixed swashplate and rotating scissors.

AD Requirements

    This new AD reduces the inspection interval for some M/R rotating 
scissors, clarifies the inspection for damage, adds an inspection for 
movement of the bearing out of its seat, and retains the inspection for 
play of the bearing. Depending on the outcome of these inspections, 
this AD requires replacing the bearing with an improved bearing, 
replacing the rotating scissor attachment flange with a certain part-
numbered rotating scissor attachment flange, and replacing the nut with 
a certain part-numbered special nut. If not done as a result of the 
inspections, this AD also requires replacing each nut with a certain 
part-numbered special nut.

Differences Between This AD and the EASA AD

    The EASA AD requires replacing each bearing P/N 3G6230V00654 with 
bearing P/N 3G6230V00655 within 12 months; whereas, this AD does not. 
We plan to publish a notice of proposed rulemaking to give the public 
an opportunity to comment on this long-term requirement.

Costs of Compliance

    We estimate that this AD affects 103 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. 
Inspecting for bearing liner wear, seat movement, and play will take 
about 1 work-hour for a cost of $85 per helicopter and $8,755 for the 
U.S. fleet per inspection cycle. Replacing a bearing will take 2 work-
hours and parts will cost $892 for a cost of $1,062 per bearing. 
Replacing a rotating scissor attachment flange will cost $20,629 for 
parts and no additional labor. Installing two special nuts on a 
helicopter will take 1 work-hour and parts will cost $682 for a cost of 
$767 helicopter and $79,001 for the U.S. fleet.
    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 Helicopter. Accordingly, we have included all 
costs in our cost estimate.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting 
these AD

[[Page 55754]]

requirements would delay implementing the safety actions needed to 
correct this known unsafe condition. Therefore, we find that the risk 
to the flying public justifies waiving notice and comment prior to the 
adoption of this rule because the unsafe condition can adversely affect 
the controllability of the helicopter and some of the required 
corrective actions must be accomplished within 5 hours time-in-service 
and thereafter every 24 hours. Other corrective actions in this AD must 
be accomplished within 100 hours time-in-service; however, these 
helicopters are generally high-usage aircraft and could reach this 
compliance time within a very short calendar time.
    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we determined that notice and opportunity for 
public comment before issuing this AD are impracticable and 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

0
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]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2014-24-02, Amendment 39-18035 (79 FR 70785, November 28, 2014), and 
adding the following new AD:

2017-23-08 Agusta S.p.A.: Amendment 39-19102; Docket No. FAA-2017-
0982; Product Identifier 2017-SW-009-AD.

(a) Applicability

    This AD applies to Model AB139 and AW139 helicopters with main 
rotor (M/R) rotating scissors with a lower half scissor spherical 
bearing (bearing) P/N 3G6230V00654 installed, certificated in any 
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as excessive play of the 
bearing in the M/R rotating scissors. This condition could result in 
failure of the M/R rotating scissors and subsequent loss of control 
of the helicopter.

(c) Affected ADs

    This AD supersedes AD 2014-24-02, Amendment 39-18035 (79 FR 
70785, November 28, 2014).

(d) Effective Date

    This AD becomes effective December 11, 2017.

(e) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(f) Required Actions

    (1) Within 5 hours time-in-service (TIS), and thereafter before 
the first flight of each day or at intervals not exceeding 24-clock 
hours, whichever occurs later:
    (i) Using a magnifying glass and a flashlight, visually inspect 
each bearing for wear of the bearing liner. Some examples of wear 
are shown in Figures 4 through 8 of Leonardo Helicopters Alert 
Bollettino Tecnico No. 139-392, Revision A, dated February 14, 2017 
(BT 139-392). If there is any wear of the liner, before further 
flight, replace the bearing with bearing P/N 3G6230V00655 and 
install special nut P/N 3G6230A06851. Replacing the bearing with 
bearing P/N 3G6230V00655 constitutes terminating action for the 
remaining actions of this AD for the bearing.
    (ii) Inspect each bearing for movement. Refer to Figure 9 of BT 
139-392. If the bearing moves freely out of its seat, before further 
flight, replace the rotating scissor attachment flange with flange 
P/N 3G6220A00633, replace the bearing with bearing P/N 3G6230V00655 
and install special nut P/N 3G6230A06851. Replacing the bearing with 
bearing P/N 3G6230V00655 constitutes terminating action for the 
remaining actions of this AD for the bearing.
    (iii) Inspect the M/R rotating scissors for play and wear of 
each bearing, paying particular attention to the bearing staking 
condition, by manually moving the lower half scissor along the axis 
of the spherical bearing. Refer to Figure 1 of BT 139-392. If there 
is any play or wear beyond allowable limits, before further flight, 
replace the bearing with bearing P/N 3G6230V00655 and install 
special nut P/N 3G6230A06851. Replacing the bearing with bearing P/N 
3G6230V00655 constitutes terminating action for the remaining 
actions of this AD for the bearing.
    (2) Within 100 hours TIS, replace and torque each lower half 
scissor nut with special nut P/N 3G6230A06851 to the M/R rotating 
scissor in accordance with the Compliance Instructions, Part II, 
steps 5.1 through 5.9 of BT 139-392, except you are not required to 
discard parts.
    (3) As of the effective date of this AD, do not install any M/R 
rotating scissors with a bearing P/N 3G6230V00654 installed.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, FAA, may approve 
AMOCs for this AD. Send your proposal to: 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 <a href="/cdn-cgi/l/email-protection#d8e1f5998b8ff59e8c8ff59995979bf58abda9adbdabacab98beb9b9f6bfb7ae"><span class="__cf_email__" data-cfemail="586175190b0f751e0c0f751915171b750a3d292d3d2b2c2b183e3939763f372e">[email&#160;protected]</span></a>.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office, before operating any aircraft 
complying with this AD through an AMOC.

(h) Additional Information

    (1) Leonardo Helicopters AW139 IETP Document Code AMP-39-C-62-
31-00-00A-31AC-A, Rotating control installation--Fixed

[[Page 55755]]

swashplate and rotating scissors--Detailed inspection, Issue 29, 
dated July 31, 2017, which is not incorporated by reference, 
contains additional information about the subject of this AD. For 
service information identified in this AD, 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 <a href="http://www.leonardocompany.com/-/bulletins">http://www.leonardocompany.com/-/bulletins</a>. You may review a copy of the service information at the 
FAA, Office of the Regional Counsel, Southwest Region, 10101 
Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2017-0028-E, dated February 15, 2017. 
You may view the EASA AD on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating it in Docket No. 
FAA-2017-0982.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6200, M/R System.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Leonardo Helicopters Alert Bollettino Tecnico No. 139-392, 
Revision A, dated February 14, 2017.
    (ii) Reserved.
    (3) For Leonardo Helicopters service information identified in 
this AD, 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 <a href="http://www.leonardocompany.com/-/bulletins">http://www.leonardocompany.com/-/bulletins</a>.
    (4) You may view this service information at 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call (202) 741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Fort Worth, Texas, on November 7, 2017.
Scott A. Horn,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2017-24738 Filed 11-22-17; 8:45 am]
 BILLING CODE 4910-13-P