AD 2019-12-06

[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Rules and Regulations]
[Pages 29797-29799]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-13247]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0737; Product Identifier 2017-SW-096-AD; Amendment 
39-19661; AD 2019-12-06]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for 
Leonardo S.p.A. (type certificate previously held by Finmeccanica 
S.p.A., AgustaWestland S.p.A.) Model AW139 helicopters. This AD 
requires inspecting and altering the number 1 driveshaft (driveshaft). 
This AD was prompted by reports of scratches that were found on the 
driveshaft. The actions of this AD are intended to address an unsafe 
condition on these products.

DATES: This AD is effective July 30, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of July 30, 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-2018-0737.

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-
0737; 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 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#99fdf8eff0fdb7f1f8edfff0fcf5fdd9fff8f8b7fef6ef"><span class="__cf_email__" data-cfemail="fe9a9f88979ad0969f8a98979b929abe989f9fd0999188">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    On August 27, 2018, at 83 FR 43561, the Federal Register published 
our notice of proposed rulemaking (NPRM), which proposed to amend 14 
CFR part 39 by adding an AD that would apply to Model AW139 
helicopters, serial numbers 31499, 31504, 31507, 31509, 31512, 31518, 
31519, 31524, 31529, 31533, 31535 through 31564, 31567, 31569, 31570, 
31589, 41363, 41368 through 41370, 41372 through 41375, 41378, 41381, 
and 41384, with a tunnel assembly part number (P/N) 3G7130A13431 
installed. The NPRM proposed to require repetitively inspecting the 
driveshaft tube P/N 3G6510A00832 for a scratch and indentation. If 
there is a scratch or indentation, the NPRM proposed to require, before 
further flight, repairing the driveshaft tube and performing a depth 
check of the repaired area. Depending on the repaired area depth, the 
NPRM proposed to require replacing the driveshaft tube and altering the 
rear exhaust module and tunnel assembly before further flight or 
performing an eddy current inspection of the tube for a crack. If there 
is a crack, the NPRM proposed to require replacing the driveshaft tube 
and altering the rear exhaust module and tunnel assembly before further 
flight. The NPRM also proposed to require altering the rear exhaust 
module and tunnel assembly, if not previously done as a result of the 
inspections, and re-identifying the tunnel assembly P/N after it is 
altered, which would be terminating action for the repetitive 
inspections. The proposed requirements were intended to prevent a crack 
in the driveshaft, failure of the tail rotor drive system, and 
subsequent loss of control of the helicopter.
    The NPRM was prompted by AD No. 2017-0011, dated January 25, 2017, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union, to correct an unsafe condition for certain serial-
numbered Leonardo S.p.A. (formerly Finmeccanica S.p.A, AgustaWestland 
S.p.A.) Model AW139 helicopters. EASA advises of several helicopters 
found with scratches on the driveshaft P/N 3G6510A01132 and that an 
investigation determined only helicopters equipped with rear exhaust 
module assembly P/N 3G7810A00431 and tunnel assembly P/N 3G7130A13431 
are affected. According to EASA, the scratches resulted from 
insufficient clearance between the driveshaft and the rear exhaust 
module and tunnel assemblies. EASA further advises that if not 
corrected, these scratches could lead to a crack in the driveshaft, 
failure of the tail rotor drive system, and subsequent reduced control 
of the helicopter.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we did not receive any comments on 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 its 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 the same type 
designs.

Related Service Information Under 1 CFR Part 51

    We reviewed Leonardo Helicopters Bollettino Tecnico No. 139-465, 
Revision A, dated January 25, 2017, which contains procedures for 
visual and eddy-current inspections of the driveshaft. This service 
information also contains procedures for modifying the exhaust module 
and tunnel assembly.
    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.

Costs of Compliance

    We estimate that this AD affects 55 helicopters of U.S. Registry. 
We estimate that operators may incur the following costs in order to 
comply with this AD.

[[Page 29798]]

Labor costs are estimated at $85 per work-hour.
    Inspecting, repairing, and eddy-current inspecting the driveshaft 
tube requires about 6 work-hours, and required parts cost is minimal, 
for a cost of $510 per helicopter and $28,050 for the U.S. fleet per 
inspection cycle. Altering the rear exhaust module and tunnel assembly 
requires about 20 work-hours, and required parts cost $1,500, for a 
cost of $3,200 per helicopter and $176,000 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 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 helicopters 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) Will not affect intrastate aviation in Alaska, and
    (3) 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):

2019-12-06 Leonardo S.p.A. (Type Certificate Previously Held by 
Finmeccanica S.p.A, AgustaWestland S.p.A.): Amendment 39-19661; 
Docket No. FAA-2018-0737; Product Identifier 2017-SW-096-AD.

(a) Applicability

    This AD applies to Model AW139 helicopters, serial numbers 
31499, 31504, 31507, 31509, 31512, 31518, 31519, 31524, 31529, 
31533, 31535 through 31564, 31567, 31569, 31570, 31589, 41363, 41368 
through 41370, 41372 through 41375, 41378, 41381, and 41384, with a 
tunnel assembly part number (P/N) 3G7130A13431 installed, 
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a tail rotor 
driveshaft. This condition could result in failure of the tail rotor 
drive system and subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective July 30, 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 (TIS) and thereafter at 
intervals not to exceed 100 hours TIS, inspect the number 1 
driveshaft tube shaft, P/N 3G6510A00832, for a scratch and 
indentation in the area depicted in Figure 1 of Leonardo Helicopters 
Bollettino Tecnico No. 139-465, Revision A, dated January 25, 2017 
(BT 139-465). If there is a scratch or indentation, before further 
flight:
    (i) Repair the tube shaft in accordance with the Compliance 
Instructions, Part I, paragraphs 7.1 through 7.3, of BT 139-465.
    (ii) Measure the depth of the repaired areas as depicted in 
Figure 2 of BT 139-465.
    (A) If the depth of the reworked area is 0.2 mm (0.079 inch) or 
less, eddy-current inspect the driveshaft for a crack as described 
in the Compliance Instructions, Annex A, of BT 139-465. If there is 
a crack, before further flight, replace the driveshaft, alter the 
rear exhaust module, and alter and re-identify the tunnel assembly 
in accordance with the Compliance Instructions, Part II, paragraphs 
7 through 12, of BT 139-465.
    (B) If the depth of the reworked area is more than 0.2 mm (0.079 
inch), before further flight, replace the driveshaft, alter the rear 
exhaust module, and alter and re-identify the tunnel assembly in 
accordance with the Compliance Instructions, Part II, paragraphs 7 
through 12, of BT 139-465.
    (2) Within 300 hours TIS, unless already accomplished as 
required by paragraph (e)(1)(ii) of this AD, alter the rear exhaust 
module and alter and re-identify the tunnel assembly in accordance 
with the Compliance Instructions, Part II, paragraphs 7 through 12, 
of BT 139-465.

(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#c7feea869490ea819390ea868a8884ea95a2b6b2a2b4b3b487a1a6a6e9a0a8b1"><span class="__cf_email__" data-cfemail="87beaac6d4d0aac1d3d0aac6cac8c4aad5e2f6f2e2f4f3f4c7e1e6e6a9e0e8f1">[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. 2017-0011, dated January 25, 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-2018-0737.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6510 Tail Rotor 
Driveshaft.

(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. 139-465, 
Revision A, dated January 25, 2017.
    (ii) [Reserved]

[[Page 29799]]

    (3) For Leonardo S.p.A. 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="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/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Fort Worth, Texas, on June 13, 2019.
James A. Grigg,
Acting Deputy Director for Regulatory Operations, Compliance & 
Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2019-13247 Filed 6-24-19; 8:45 am]
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