AD 2018-03-01

[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Rules and Regulations]
[Pages 4136-4138]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2018-01573]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0939; Product Identifier 2017-SW-057-AD; Amendment 
39-19174; AD 2018-03-01]
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 adopting a new airworthiness directive (AD) for Agusta 
S.p.A. (Agusta) Model AB139 and AW139 helicopters. This AD requires 
inspecting the main rotor blade (MRB) tip cap for disbonding. This AD 
is prompted by a report of the in-flight loss of an MRB tip cap. The 
actions of this AD are intended to prevent an unsafe condition on these 
helicopters.

DATES: This AD becomes effective February 14, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of February 14, 
2018.
    We must receive comments on this AD by April 2, 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

[[Page 4137]]

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-
0939; 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, any 
incorporated-by-reference service information, 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 <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 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-
0939.

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#4825293c3c202d3f662e3d24242d3a082e2929662f273e"><span class="__cf_email__" data-cfemail="1d707c696975786a337b687171786f5d7b7c7c337a726b">[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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued AD No. 2017- 0175-E, dated September 13, 
2017, to correct an unsafe condition for Leonardo S.p.A. (previously 
Agusta) Model AB139 and AW139 helicopters. EASA advises of an in-flight 
loss of an MRB tip cap on an AW139 helicopter where the pilot was able 
to safely land the helicopter. EASA further advises that an 
investigation determined the cause as incorrect bonding procedures used 
during production on MRB part number 3G6210A00131, serial numbers 3615, 
3634, 3667, and 3729. According to EASA, this condition could result in 
loss of an MRB tip cap, increased pilot workload, and reduced control 
of the helicopter. To address this unsafe condition, the EASA AD 
requires a one-time inspection of the affected MRB tip caps within 5 
hours and replacing the affected MRBs within 10 hours if not replaced 
as a result of the inspection. The EASA AD also prohibits installing 
the affected MRBs on a helicopter.
    The FAA is in the process of updating Agusta's name change to 
Leonardo Helicopters on its type certificate. Because this name change 
is not yet effective, this AD specifies Agusta.

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

    Leonardo Helicopters has issued Emergency Alert Service Bulletin 
No. 139-508, dated September 12, 2017, which describes procedures for 
inspecting the tip cap for disbonding using a tap test and replacing 
the main rotor blade.
    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

    For helicopters with an MRB part-number (P/N) 3G6210A00131 that has 
serial number (S/N) 3615, 3634, 3667, or 3729 installed, this AD 
requires:
    <bullet> Within 5 hours time-in-service (TIS), tap inspecting each 
tip cap for disbonding.
    <bullet> If there is any disbonding, this AD requires, before 
further flight, removing the MRB from service.
    <bullet> If there is no disbonding, this AD requires, within 10 
hours TIS, removing the MRB from service.
    This AD also prohibits installing these serial-numbered MRBs on any 
helicopter after the effective date of this AD.

Differences Between This AD and the EASA AD

    The EASA AD requires that you return the removed blades to Leonardo 
Helicopters, and this AD does not.

Costs of Compliance

    We estimate that this AD affects four helicopters of U.S. Registry.
    At an average labor rate of $85 per work-hour, we estimate that 
operators may incur the following costs in order to comply with this 
AD. Tap inspecting the MRB tip caps will require 1 work-hour, for a 
cost per helicopter of $85. Replacing one MRB will require 4 work-
hours, and $141,725 for required parts. Thus, we estimate a total cost 
of $568,345 per helicopter and $2,273,380 for the U.S. fleet to comply 
with this AD.
    According to Leonardo Helicopters' 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 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 waiving notice and comment prior to adoption of this rule 
because the corrective actions required by this AD must be accomplished 
within 5 hours TIS.
    Therefore, we find good cause that notice and opportunity for prior 
public

[[Page 4138]]

comment are impracticable. In addition, for the reasons 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

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 adding the following new 
airworthiness directive (AD):

2018-03-01 Agusta S.p.A.: Amendment 39-19174; Docket No. FAA-2017-
0939; Product Identifier 2017-SW-057-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. Model AB139 and AW139 
helicopters, certificated in any category, with a main rotor blade 
(MRB) part number (P/N) 3G6210A00131 with a serial number (S/N) 
3615, 3634, 3667, or 3729 installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as disbonding of an MRB tip 
cap. This condition could result in loss of the MRB tip cap, severe 
vibrations, and subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective February 14, 2018.

(d) 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.

(e) Required Actions

    (1) Within 5 hours time-in-service (TIS), using a tap hammer or 
equivalent, tap inspect each MRB tip cap for disbonding in the area 
depicted in Figure 1 of Leonardo Helicopters Emergency Alert Service 
Bulletin No. 139-508, dated September 12, 2017 (EASB).
    (i) If there is any disbonding, before further flight, remove 
the MRB from service.
    (ii) If there is no disbonding, within 10 hours TIS, remove the 
MRB from service.
    (2) After the effective date of this AD, do not install a MRB P/
N 3G6210A00131 with a S/N 3615, 3634, 3667, or 3729 on any 
helicopter.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards 
Branch, 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#92abbfd3c1c5bfd4c6c5bfd3dfddd1bfc0f7e3e7f7e1e6e1d2f4f3f3bcf5fde4"><span class="__cf_email__" data-cfemail="a39a8ee2f0f48ee5f7f48ee2eeece08ef1c6d2d6c6d0d7d0e3c5c2c28dc4ccd5">[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.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD No. 2017-0175-E, dated September 13, 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-2017-0939.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6210 Main Rotor 
Blades.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 Emergency Alert Service Bulletin No. 
139-508, dated September 12, 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 January 22, 2018.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2018-01573 Filed 1-29-18; 8:45 am]
 BILLING CODE 4910-13-P