AD 2019-05-03

[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Rules and Regulations]
[Pages 8965-8967]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-04529]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0092; Product Identifier 2019-SW-022-AD; Amendment 
39-19585; AD 2019-05-03]
RIN 2120-AA64


Airworthiness Directives; Leonardo 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 
Leonardo S.p.A. Model AB139, AW139, AW169, and AW189 helicopters. This 
AD requires removing certain part-numbered and serial-numbered tail 
rotor (T/R) duplex bearings from service. This AD is prompted by a 
report of a failed T/R duplex bearing roughness inspection. The actions 
of this AD are intended to address an unsafe condition on these 
products.

DATES: This AD becomes effective March 28, 2019.
    We must receive comments on this AD by May 13, 2019.

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-2019-
0092; 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, 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.

FOR FURTHER INFORMATION CONTACT: David Hatfield, 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#6105001708054f0900150708040d05210700004f060e17"><span class="__cf_email__" data-cfemail="92f6f3e4fbf6bcfaf3e6f4fbf7fef6d2f4f3f3bcf5fde4">[email&#160;protected]</span></a>.

[[Page 8966]]


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 EASA AD No. 2019-0022, dated February 1, 
2019, and corrected February 4, 2019, to correct an unsafe condition 
for Leonardo S.p.A. (formerly Finmeccanica S.p.A., AgustaWestland 
S.p.A., Agusta S.p.A.) Model AB139, AW139, AW169, and AW189 
helicopters. EASA advises of a report of a failed T/R duplex bearing 
roughness inspection. Investigation revealed that one of the bearing 
balls installed in the T/R duplex bearing did not conform to design and 
that a batch of T/R duplex bearings has been identified that may be 
affected by the same nonconformity. Information issued by Leonardo 
Helicopters advises that the defective T/R duplex bearings may 
prematurely degrade and result in excessive drive torque and loss of 
tail rotor control under certain circumstances.
    EASA states that this condition, if not corrected, could result in 
loss of control of the helicopter. Accordingly, the EASA AD requires 
removing from service certain serial-numbered T/R duplex bearings with 
part number (P/N) 3G6430V00153 installed on Model AB139 and AW139 
helicopters and certain serial-numbered T/R duplex bearings with P/N 
4F6430V00551 installed on Model AW169 and AW189 helicopters. The EASA 
AD also requires returning any affected T/R duplex bearings to Leonardo 
Helicopters and prohibits installing the affected T/R duplex bearings 
on any helicopter. Depending on your model helicopter, the EASA AD also 
requires immediately providing to Leonardo Helicopters photos of the 
removed affected T/R duplex bearings and any grease leaked from the T/R 
duplex bearing.

FAA's Determination

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to our bilateral agreement 
with the European Union, EASA 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

    We reviewed Leonardo Helicopters Service Bulletin (SB) Alert No. 
139-571, Leonardo Helicopters SB Alert No. 169-134, and Leonardo 
Helicopters SB Alert No. 189-221, each dated February 1, 2019. This 
service information contains procedures to replace T/R duplex bearing 
P/N 3G6430V00153 and P/N 4F6430V00551 with certain serial numbers and 
instructions to return all affected T/R duplex bearings to Leonardo 
Helicopters. Depending on your model helicopter, the service 
information also specifies emailing photos of removed affected T/R 
duplex bearings to Leonardo Helicopters and returning leaked T/R duplex 
bearing grease to Leonardo Helicopters.

AD Requirements

    This AD requires removing certain serial-numbered T/R duplex 
bearing P/N 3G6430V00153 installed on Model AB139 and AW139 helicopters 
and certain serial-numbered T/R duplex bearing P/N 4F6430V00551 
installed on Model AW169 and AW189 helicopters from service. This AD 
also prohibits the installation of the affected T/R duplex bearings.

Differences Between This AD and the EASA AD

    The EASA AD requires returning any affected T/R duplex bearing to 
Leonardo Helicopters. Depending on your model helicopter, the EASA AD 
also requires emailing photos of removed affected T/R duplex bearings 
to Leonardo Helicopters and returning leaked T/R duplex bearing grease 
to Leonardo Helicopters. This AD does not require any of those actions.

Costs of Compliance

    We estimate that this AD affects 130 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.
    Replacing an affected T/R duplex bearing takes about 2 work-hours 
and parts cost about $1,500. Based on these numbers, we estimate a 
total cost of $1,670 per helicopter and $217,100 for the U.S. fleet, 
assuming every helicopter in the fleet has an affected bearing 
installed.
    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 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 it requires removal of affected T/R duplex bearings within 30 
hours time-in-service and further prohibits installation of those T/R 
duplex bearings. Therefore, we find good cause that notice and 
opportunity for prior public 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

[[Page 8967]]

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, 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):

2019-05-03 Leonardo S.p.A.: Amendment 39-19585; Docket No. FAA-2019-
0092; Product Identifier 2019-SW-022-AD.

(a) Applicability

    This AD applies to the following helicopters, certificated in 
any category:
    (1) Model AB139 and AW139 helicopters with a tail rotor (T/R) 
duplex bearing part number (P/N) 3G6430V00153, and serial number (S/
N) 16181 through 16225, S/N 16237 through 16259, S/N 17101 through 
17110, S/N 17182 through 17194, S/N 17204 through 17217, and S/N 
17251 through S/N 17260; and
    (2) Model AW169 and AW189 helicopters with a T/R duplex bearing 
P/N 4F6430V00551, and S/N 16165 through 16169, S/N 16171, and S/N 
17101 through 17121.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of a T/R duplex 
bearing ball. This condition could result in premature degradation 
of the T/R duplex bearing, loss of T/R control, and subsequent loss 
of control of the helicopter.

(c) Effective Date

    This AD becomes effective March 28, 2019.

(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 30 hours time-in-service, remove from service any T/R 
duplex bearing with a P/N and S/N listed in paragraphs (a)(1) or 
(a)(2) of this AD.
    (2) After the effective date of this AD, do not install a T/R 
duplex bearing with a P/N and S/N listed in paragraphs (a)(1) or 
(a)(2) of this AD on any helicopter.

(f) Special Flight Permits

    Special flight permits are prohibited.

(g) 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: 
David Hatfield, 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#e4ddc9a5b7b3c9a2b0b3c9a5a9aba7c9b681959181979097a4828585ca838b92"><span class="__cf_email__" data-cfemail="556c78140602781301027814181a16780730242030262126153334347b323a23">[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 Service Bulletin (SB) Alert No. 139-
571, Leonardo Helicopters SB Alert No. 169-134, and Leonardo 
Helicopters SB Alert No. 189-221, each dated February 1, 2019, which 
are not incorporated by reference, contain 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. No. 2019-0022, dated February 1, 2019, 
and corrected February 4, 2019. 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-2019-0092.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6400, Tail Rotor 
System.

    Issued in Fort Worth, Texas, on March 6, 2019.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2019-04529 Filed 3-12-19; 8:45 am]
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