AD 2019-09-04

[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Rules and Regulations]
[Pages 24703-24705]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-10773]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0726; Product Identifier 2017-SW-097-AD; Amendment 
39-19638; AD 2019-09-04]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.A. (Type Certificate 
Previously Held by Finmeccanica S.p.A., AgustaWestland S.p.A) 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Leonardo S.p.A. (Type Certificate previously held by Finmeccanica 
S.p.A., AgustaWestland S.p.A.) Model AW109SP helicopters. This AD 
requires inspecting and altering the rescue hoist. This AD was prompted 
by a report of a damaged hoist cable that detached after load 
application. The actions of this AD are intended to address an unsafe 
condition on these products.

DATES: This AD is effective July 3, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of July 3, 2019.

ADDRESSES: 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="https://www.leonardocompany.com/en/home">https://www.leonardocompany.com/en/home</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-2018-0726.

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-2018-
0726; 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 (EASA) AD, any 
incorporated-by-reference service information, the regulatory 
evaluation, any comments received, and other information. The street 
address for Docket Operations (phone: 800-647-5527) is U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

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#4024213629246e2821342629252c24002621216e272f36"><span class="__cf_email__" data-cfemail="6004011609044e0801140609050c04200601014e070f16">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Leonardo S.p.A. 
(formerly Finmeccanica S.p.A, AgustaWestland S.p.A.) Model AW109SP 
helicopters. The NPRM published in the Federal Register on August 21, 
2018 (83 FR 42230). The NPRM was prompted by a report of a damaged 
hoist cable that detached after load application. The NPRM proposed to 
require inspecting and altering the rescue hoist.
    We are issuing this AD to address chafing of a rescue hoist cable. 
This condition could result in detachment of an external load and 
subsequent injury to persons being lifted.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued AD No. 2017-0025, dated February 14, 2017, 
to correct an unsafe condition for certain Leonardo S.p.A. (formerly 
Finmeccanica S.p.A. and AgustaWestland S.p.A.) Model AW109SP 
helicopters. EASA advises that a hoist cable became snagged behind a 
hoist handle assembly nut and broke during a dummy load application. 
EASA further advises that this condition could result in detachment of 
an external load, and subsequent personal injury or injury to persons 
on the ground. To address this unsafe condition, the EASA AD requires 
inspecting the hoist cable, modifying the rescue hoist handle, and 
amending the rescue hoist pre-flight inspection described in the 
rotorcraft flight manual.

[[Page 24704]]

Comments

    We gave the public the opportunity to participate in developing 
this final rule. We have considered the comment received. One commenter 
commented in support of the NPRM.

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 and that air safety and the public interest require 
adopting the AD requirements as proposed.

Related Service Information Under 1 CFR Part 51

    Leonardo S.p.A. issued Leonardo Helicopters Bollettino Tecnico No. 
109SP-110, dated February 13, 2017, which contains procedures for 
inspecting the hoist handle, the passenger-side cabin doorframe, and 
the hoist cable. This service information also specifies replacing the 
attaching hardware on the rescue hoist handle and adding a temporary 
pre-flight check of the hoist cable to the rotorcraft flight manual.
    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.

Differences Between This AD and the EASA AD

    The EASA AD requires amending the rotorcraft flight manual by 
adding a daily rescue hoist cable preflight inspection, this AD does 
not since the actions in this AD correct the unsafe condition.

Costs of Compliance

    We estimate that this AD affects 30 helicopters of U.S. Registry. 
We estimate that operators may incur the following costs in order to 
comply with this AD, based on an average labor rate of $85 per hour.
    Inspecting the hoist handle assembly, cabin doorframe, and hoist 
cable requires about 2 hours, for a cost of $170 per helicopter and 
$5,100 for the U.S. fleet. Replacing the hardware on the hoist handle 
assembly requires about 1 hour and required parts costs are minimal, 
for a cost of $85 per helicopter and $2,550 for the U.S. fleet.
    If required, replacing a hoist cable requires about 3 hours and 
required parts cost $3,150, for a cost per helicopter of $3,405.
    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.

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

    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 above, 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):

2019-09-04 Leonardo S.p.A. (Type Certificate Previously Held by 
Finmeccanica S.p.A., AgustaWestland S.p.A.): Amendment 39-19638; 
Docket No. FAA-2018-0726; Product Identifier 2017-SW-097-AD.

(a) Applicability

    This AD applies to Leonardo S.p.A. (Type Certificate previously 
held by Finmeccanica S.p.A., AgustaWestland S.p.A.) Model AW109SP 
helicopters, certificated in any category, with a rescue hoist part 
number 109-B810-16-101 or 109-B810-16-201 installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as chafing of a rescue 
hoist cable. This condition could result in detachment of an 
external load and subsequent injury to persons being lifted.

(c) Effective Date

    This AD is effective July 3, 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 10 hours time-in-service (TIS) or before the next 
hoist operation, whichever occurs first, inspect the rescue hoist 
handle assembly and the upper part of the cabin doorframe for 
chafing. The inspection area of the cabin doorframe is depicted in 
Figure 3 of Leonardo Helicopters Bollettino Tecnico No. 109SP-110, 
dated February 13, 2017 (BT 109SP-110). Examples of chafing are 
shown in Figures 10 and 11 of BT 109SP-110. If there is any chafing, 
before further flight, repair the chafed areas and inspect the first 
6 meters (20 feet) of the hoist cable as follows:
    (i) Measure the diameter of the hoist cable as described in the 
Compliance Instructions, Part I, paragraphs 3.4.1 through 3.4.2 of 
BT 109SP-110.

[[Page 24705]]

    (ii) Average the two measurements at each location. If at any 
location the diameter of the hoist cable is less than 4.7 mm (0.185 
inch), before the next hoist operation, remove the hoist cable from 
service.
    (iii) Inspect the hoist cable for broken wires, kinks, bird 
caging, flattened areas, abrasion, and necking, referencing the 
examples shown and depicted in Figures 5 through 9 of BT 109SP-110. 
If there are any broken wires, kinks, bird caging, flattened areas, 
abrasion, or necking, before the next hoist operation, remove the 
hoist cable from service.
    (2) Within 25 hours TIS, replace the rescue hoist handle 
attaching hardware as described in the Compliance Instructions, Part 
II, paragraphs 3 through 6, of BT 109SP-110.

(f) Special Flight Permits

    A one-time special flight permit may be granted provided that 
the hoist is not used.

(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#487165091b1f0e1c1f650905070b651a2d393d2d3b3c3b082e2929662f273e"><span class="__cf_email__" data-cfemail="0e37234f5d59485a59234f43414d235c6b7f7b6b7d7a7d4e686f6f20696178">[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

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD No. 2017-0025, dated February 14, 2017. You may 
view the EASA AD on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> in 
Docket No. FAA-2018-0726.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 2500, Cabin 
Equipment/Furnishings.

(j) 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 Bollettino Tecnico No. 109SP-110, dated 
February 13, 2017.
    (ii) [Reserved]
    (3) 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="https://www.leonardocompany.com/en/home">https://www.leonardocompany.com/en/home</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/ibrlocations.html">http://www.archives.gov/federal-register/cfr/ibrlocations.html</a>.

    Issued in Fort Worth, Texas, on May 15, 2019.
Helene Gandy,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2019-10773 Filed 5-28-19; 8:45 am]
 BILLING CODE 4910-13-P