Airworthiness Directives; Leonardo S.p.a. Helicopters, 55171-55174 [2020-19533]

Download as PDF Federal Register / Vol. 85, No. 173 / Friday, September 4, 2020 / Rules and Regulations § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2016–18–09, Amendment 39–18639 (81 FR 61993, September 8, 2016), and adding the following new AD: ■ 2020–18–07 Airbus SAS: Amendment 39– 21228; Docket No. FAA–2020–0327; Product Identifier 2020–NM–033–AD. (a) Effective Date This AD is effective October 9, 2020. (b) Affected ADs This AD replaces AD 2016–18–09, Amendment 39–18639 (81 FR 61993, September 8, 2016) (‘‘AD 2016–18–09’’). (c) Applicability This AD applies to Airbus SAS Model airplanes specified in paragraphs (c)(1) through (3) of this AD, certificated in any category, as identified in European Union Aviation Safety Agency (EASA) AD 2020– 0030, dated February 18, 2020 (‘‘EASA AD 2020–0030’’). (1) Model A318–111, –112, –121, and –122 airplanes. (2) Model A319–111, –112, –113, –114, –115, –131, –132, and –133 airplanes. (3) Model A320–211, –212, –214, –216, –231, –232, and –233 airplanes. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Reason This AD was prompted by reports of additional chafing of the forward fuselage underneath the fairing structure. Investigation revealed the cause as contact between the belly fairing nut plate and the fuselage. The FAA is issuing this AD to address damage to the fuselage skin, which could lead to crack initiation and propagation, possibly resulting in reduced structural integrity of the fuselage. (f) Compliance Comply with this AD within the compliance times specified, unless already done. jbell on DSKJLSW7X2PROD with RULES (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2020–0030. (h) Exceptions to EASA AD 2020–0030 (1) Where EASA AD 2020–0030 refers to its effective date, this AD requires using the effective date of this AD. (2) The ‘‘Remarks’’ section of EASA AD 2020–0030 does not apply to this AD. (3) Where EASA AD 2020–0030 refers to the effective date of EASA AD 2014–0259, this AD requires using October 13, 2016 (the effective date of AD 2016–18–09). (4) Where EASA AD 2020–0030 refers to doing actions ‘‘in accordance with the instructions of’’ the service information, for this AD, only use paragraph 3.C., ‘‘Procedure,’’ of the service information. VerDate Sep<11>2014 15:43 Sep 03, 2020 Jkt 250001 (5) Where paragraph (1) of EASA AD 2020– 0030 requires accomplishing a detailed inspection of the affected area (external fuselage skin panels), for this AD, that inspection also includes inspecting previously repaired areas. (i) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Large Aircraft Section, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the Large Aircraft Section, International Validation Branch, send it to the attention of the person identified in paragraph (j) of this AD. Information may be emailed to 9-AVS-AIR730-AMOC@faa.gov. (i) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (ii) AMOCs approved previously for AD 2016–18–09 are approved as AMOCs for the corresponding provisions of EASA AD 2020– 0030 that are required by paragraph (g) of this AD. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOAauthorized signature. (3) Required for Compliance (RC): For any service information referenced in EASA AD 2020–0030 that contains RC procedures and tests: Except as required by paragraph (i)(2) of this AD, RC procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC. (j) Related Information For more information about this AD, contact Sanjay Ralhan, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3223; email sanjay.ralhan@ faa.gov. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 55171 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 this AD specifies otherwise. (3) The following service information was approved for IBR on October 9, 2020. (i) European Union Aviation Safety Agency (EASA) AD 2020–0030, dated February 18, 2020. (ii) [Reserved] (4) For information about EASA AD 2020– 0030, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@ easa.europa.eu; internet www.easa.europa.eu. You may find this EASA AD on the EASA website at https:// ad.easa.europa.eu. (5) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. This material may be found in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2020–0327. (6) You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@ nara.gov, or go to https://www.archives.gov/ federal-register/cfr/ibr-locations.html. Issued on August 21, 2020. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2020–19581 Filed 9–3–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2020–0784; Product Identifier 2016–SW–087–AD; Amendment 39–21240; AD 2020–18–19] RIN 2120–AA64 Airworthiness Directives; Leonardo S.p.a. Helicopters Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2014–12– 07 for Agusta S.p.A (Agusta) Model AB412 and AB412EP helicopters. AD 2014–12–07 requires inspecting the rotor brake pinion (pinion) for a crack and replacing it if there is a crack. This AD retains the requirements of AD 2014–12–07 and also requires removing SUMMARY: E:\FR\FM\04SER1.SGM 04SER1 55172 Federal Register / Vol. 85, No. 173 / Friday, September 4, 2020 / Rules and Regulations certain serial-numbered pinions from service. This AD was prompted by a report of an additional cracked pinion. The actions of this AD are intended to address an unsafe condition on these products. This AD becomes effective September 21, 2020. The FAA must receive comments on this AD by October 19, 2020. DATES: You may send comments by any of the following methods: • Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the online instructions for sending your comments electronically. • Fax: 202–493–2251. • 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. • Hand Delivery: Deliver to the ‘‘Mail’’ address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. ADDRESSES: Examining the AD Docket You may examine the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2020– 0784; 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 (now European Union Aviation Safety Agency) (EASA) AD, any comments received, and other information. The street address for Docket Operations is listed above. For service information identified in this final rule, contact Leonardo S.p.a. Helicopters, Emanuele Bufano, Head of Airworthiness, Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone +39–0331–225074; fax +39– 0331–229046; or at https:// www.leonardocompany.com/en/home. You may view the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. Matt Fuller, AD Program Manager, Continued Operational Safety Branch, Airworthiness Products Section, General Aviation and Rotorcraft Unit, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817–222–5110; email Matthew.Fuller@faa.gov. jbell on DSKJLSW7X2PROD with RULES FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 15:43 Sep 03, 2020 Jkt 250001 Comments Invited Discussion This AD is a final rule that involves requirements affecting flight safety, and the FAA did not provide you with notice and an opportunity to provide your comments prior to it becoming effective. However, the FAA invites you to participate in this rulemaking by submitting written comments, data, or views. 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. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will file in the docket all comments received, as well as a report summarizing each substantive public contact with FAA personnel concerning this rulemaking during the comment period. The FAA will consider all the comments received and may conduct additional rulemaking based on those comments. The FAA issued AD 2014–12–07 (79 FR 35035, June 19, 2014) (‘‘2014–12– 07’’), for Agusta Model AB412 and AB412EP helicopters with a pinion part number (P/N) 412–040–301–101 installed. AD 2014–12–07 requires within 100 hours time-in-service (TIS), magnetic particle inspecting each pinion for a crack and replacing the pinion if there is a crack. AD 2014–12– 07 was prompted by EASA AD No. 2013–0187, dated August 16, 2013 (EASA AD 2013–0187), issued by EASA, which is the Technical Agent for the Member States of the European Union. EASA advised of a report of a cracked pinion installed in the rotor brake quill that was discovered during a magnetic particle inspection (MPI). EASA further stated the crack was caused by residual stress generated during the manufacturing process. According to EASA, if not corrected, this condition could result in failure of the pinion with detachment of parts inside the transmission that could cause its malfunction or jamming, ultimately resulting in loss of control of the helicopter. To correct this unsafe condition, EASA AD 2013–0187 required an MPI of the pinion, and if there is a crack, replacing the pinion. Confidential Business Information Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this final rule contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this final rule, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this final rule. Submissions containing CBI should be sent to Matt Fuller, AD Program Manager, Continued Operational Safety Branch, Airworthiness Products Section, General Aviation and Rotorcraft Unit, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817–222–5110; email Matthew.Fuller@faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Actions Since AD 2014–12–07 Was Issued Since the FAA issued AD 2014–12– 07, EASA issued AD No. 2016–0244, dated December 14, 2016 (EASA AD 2016–0244), which supersedes EASA AD 2013–0187. EASA advises of another cracked pinion due to a defect generated during the manufacturing process. Accordingly, EASA AD 2016– 0244 retains the MPI requirements of EASA AD 2013–0187 and requires inspecting the helicopter within three months to determine if certain serialnumbered pinions from the defective manufacturing batch are installed and removing any affected pinions before further flight. Also, since the FAA issued AD 2014– 12–07, Agusta changed its name to Leonardo S.p.a. This AD reflects that change and updates the contact information to obtain service documentation. FAA’s Determination These helicopters have been approved by EASA and are approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with the European Union, EASA has notified the FAA about the unsafe condition described in its AD. The FAA is issuing this AD after evaluating all known E:\FR\FM\04SER1.SGM 04SER1 Federal Register / Vol. 85, No. 173 / Friday, September 4, 2020 / Rules and Regulations relevant information and determining that an unsafe condition is likely to exist or develop on other helicopters of the same type design. Related Service Information The FAA reviewed Leonardo Helicopters Bollettino Tecnico (BT) No. 412–147, dated September 12, 2016, which specifies identifying the serial numbers of the pinion, P/N 412–040– 301–101, and removing certain pinions from service. The FAA also reviewed AgustaWestland BT No. 412–135, Revision A, dated July 29, 2013, which describes procedures for a one-time MPI of pinion P/N 412–040–301–101. AD Requirements This AD requires, within 75 hours TIS, removing from service pinion P/N 412–040–301–101 having serial number (S/N) C17987, C17990, or C17991. This AD also requires, within 100 hours TIS, performing an MPI for a crack on each pinion P/N 412–040–301–101 if the rotor brake quill has never been overhauled. If there is a crack, this AD requires, before further flight, removing the pinion from service. Finally, this AD prohibits installing pinion P/N 412– 040–301–101 having S/N C17987, C17990, or C17991 on any helicopter. Differences Between This AD and the EASA AD The EASA AD requires removing from service certain pinions within 3 months; this AD requires removing these pinions within 75 hours TIS. The EASA AD also requires the MPI to be performed within 100 flight hours or 5 months, whichever occurs first; this AD requires compliance within 100 hours TIS. The EASA AD only prohibits installing pinion P/N 412–040–301–101 having serial number S/N C17987 or C17991, whereas this AD prohibits installing pinion P/N 412–040–301–101 having S/ N C17987, C17990, or C17991. Regulatory Flexibility Act jbell on DSKJLSW7X2PROD with RULES The requirements of the Regulatory Flexibility Act (RFA) do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required. Costs of Compliance There are no costs of compliance with this AD because there are no helicopters with this type certificate on the U.S. Registry. VerDate Sep<11>2014 15:43 Sep 03, 2020 Jkt 250001 FAA’s Justification and Determination of the Effective Date Section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C.) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for ‘‘good cause,’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without seeking comment prior to the rulemaking. There are no helicopters with this type certificate on the U.S. Registry. Therefore, the FAA finds good cause that notice and opportunity for prior public comment are unnecessary pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the reasons stated above, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) 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. The FAA is 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, and 2. Will not affect intrastate aviation in Alaska. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 55173 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by: a. Removing Airworthiness Directive (AD) 2014–12–07, Amendment 39– 17868 (79 FR 35035, June 19, 2014); and ■ b. Adding the following new AD: ■ ■ 2020–18–19 Leonardo S.p.a.: Amendment 39–21240; Docket No. FAA–2020–0784; Product Identifier 2016–SW–087–AD. (a) Applicability This AD applies to Leonardo S.p.a. Model AB412 and AB412EP helicopters, certificated in any category, with a rotor brake pinion (pinion) part number (P/N) 412–040–301–101 installed. (b) Unsafe Condition This AD defines the unsafe condition as a crack in a pinion. This condition could result in failure of a pinion, detachment of parts inside the transmission causing a malfunction or jamming, and subsequent loss of control of the helicopter. (c) Affected ADs This AD supersedes AD 2014–12–07, Amendment 39–17868 (79 FR 35035, June 19, 2014). (d) Effective Date This AD becomes effective September 21, 2020. (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 75 hours time-in-service (TIS), remove from service: (i) Pinion P/N 412–040–301–101 with serial number C17987; (ii) Pinion P/N 412–040–301–101 with serial number C17990; and (iii) Pinion P/N 412–040–301–101 with serial number C17991. (2) Within 100 hours TIS, if the rotor brake quill has never been overhauled, perform a magnetic particle inspection on each pinion for a crack. If there is a crack, before further flight, remove the pinion from service. (3) As of the effective date of this AD, do not install pinion P/N 412–040–301–101 E:\FR\FM\04SER1.SGM 04SER1 55174 Federal Register / Vol. 85, No. 173 / Friday, September 4, 2020 / Rules and Regulations with serial number C17987, C17990, or C17991 on any helicopter. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration (g) Special Flight Permits Special flight permits are prohibited. 14 CFR Part 71 (h) Alternative Methods of Compliance (AMOCs) [Docket No. FAA–2020–0352; Airspace Docket No. 18–AAL–4] (1) The Manager, Rotorcraft Standards Branch, FAA, may approve AMOCs for this AD. Send your proposal to: Matt Fuller, AD Program Manager, Continued Operational Safety Branch, Airworthiness Products Section, General Aviation and Rotorcraft Unit, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817–222–5110; email Matthew.Fuller@faa.gov. (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. RIN 2120–AA66 Federal Aviation Administration (FAA), DOT. ACTION: Final rule; correction. AGENCY: (1) Leonardo Helicopters Bollettino Tecnico (BT) No. 412–147, dated September 12, 2016, and AgustaWestland BT No. 412– 135, Revision A, dated July 29, 2013, 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, Emanuele Bufano, Head of Airworthiness, Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone +39–0331– 225074; fax +39–0331–229046; or at https:// www.leonardocompany.com/en/home. 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 (now European Union Aviation Safety Agency) (EASA) No. AD 2016–0244, dated December 14, 2016. You may view the EASA AD on the internet at https://www.regulations.gov by searching for and locating it in Docket No. FAA–2020–0784. The Federal Aviation Administration (FAA) is correcting a final rule that appeared in the Federal Register on July 31, 2020. The rule modified Class E airspace designated as a surface area, and Class E airspace extending upward from 700 feet above the surface at Sitka Rocky Gutierrez Airport. The final rule also established a Class E airspace area, designated as an extension to a Class D or Class E surface area. The legal definition for the Class E airspace, designated as an extension to a Class D or Class E surface area, did not accurately establish this area outside of the Class E airspace designated as a surface area. This action corrects the legal definition for the Class E airspace area, designated as an extension to a Class D or Class E surface area. DATES: Effective 0901 UTC, November 5, 2020. The Director of the Federal Register approves this incorporation by reference action under Title 1 Code of Federal Regulations part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation Administration, Western Service Center, Operations Support Group, 2200 S. 216th Street, Des Moines, WA 98198; telephone (206) 231–3695. SUPPLEMENTARY INFORMATION: (j) Subject History Joint Aircraft Service Component (JASC) Code: 6321, Main Rotor Brake. The FAA published a final rule in the Federal Register (85 FR 45997; July 31, 2020) for Docket FAA–2020–0352 amending Class E airspace designated as a surface area and Class E airspace extending upward from 700 feet above the surface. The rule also established Class E airspace designated as an extension to a Class D or Class E surface area. Subsequent to publication, the FAA identified an error in how the Class E airspace, designated as an extension to a Class D or Class E surface area, is described. This action corrects that error. (i) Additional Information Issued on August 31, 2020. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2020–19533 Filed 9–3–20; 8:45 am] jbell on DSKJLSW7X2PROD with RULES Amendment of Class E Airspace; Sitka, AK; Correction BILLING CODE 4910–13–P VerDate Sep<11>2014 15:43 Sep 03, 2020 Jkt 250001 SUMMARY: PO 00000 Frm 00006 Class E4 airspace designations are published in paragraph 6004 of FAA Order 7400.11D, dated August 8, 2019, and effective September 15, 2019, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order. Correction to Final Rule Accordingly, pursuant to the authority delegated to me, Amendment of the Class E Airspace; Sitka, AK, published in the Federal Register of July 31, 2020 (85 FR 45997), FR Doc. 2020–16314, is corrected as follows: § 71.1 [Corrected] 1. On page 45997, in the third column, in The Rule, the description of the Class E airspace designated as an extension to a Class D or Class E surface area is corrected to read as follows: That airspace extending upward from the surface from the 4.1-mile radius of the airport within 4 miles north and 8 miles south of the 315° bearing from the airport, extending from 0.9 miles northwest of the airport and extending to 28.3 miles northwest of Sitka Rocky Gutierrez Airport. ■ § 71.1 [Corrected] 2. On page 45998, in the first and second column, in AAL AK E4 Sitka, AK [New] the airspace legal description is corrected to read as follows: That airspace extending upward from the surface from the 4.1-mile radius of the airport within 4 miles north and 8 miles south of the 315° bearing from the airport, extending from 0.9 miles northwest of the airport and extending to 28.3 miles northwest of Sitka Rocky Gutierrez Airport. ■ Issued in Seattle, Washington, on August 28, 2020. B.G. Chew, Acting Group Manager, Western Service Center, Operations Support Group. [FR Doc. 2020–19460 Filed 9–3–20; 8:45 am] BILLING CODE 4910–13–P Fmt 4700 Sfmt 4700 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 95 [Docket No. 31327; Amdt. No. 554] IFR Altitudes; Miscellaneous Amendments Federal Aviation Administration (FAA), Transportation (DOT). ACTION: Final rule. AGENCY: E:\FR\FM\04SER1.SGM 04SER1

Agencies

[Federal Register Volume 85, Number 173 (Friday, September 4, 2020)]
[Rules and Regulations]
[Pages 55171-55174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19533]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0784; Product Identifier 2016-SW-087-AD; Amendment 
39-21240; AD 2020-18-19]
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.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2014-12-07 
for Agusta S.p.A (Agusta) Model AB412 and AB412EP helicopters. AD 2014-
12-07 requires inspecting the rotor brake pinion (pinion) for a crack 
and replacing it if there is a crack. This AD retains the requirements 
of AD 2014-12-07 and also requires removing

[[Page 55172]]

certain serial-numbered pinions from service. This AD was prompted by a 
report of an additional cracked pinion. The actions of this AD are 
intended to address an unsafe condition on these products.

DATES: This AD becomes effective September 21, 2020.
    The FAA must receive comments on this AD by October 19, 2020.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     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.
     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 https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0784; 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 (now European 
Union Aviation Safety Agency) (EASA) AD, any comments received, and 
other information. The street address for Docket Operations is listed 
above.
    For service information identified in this final rule, contact 
Leonardo S.p.a. Helicopters, Emanuele Bufano, Head of Airworthiness, 
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone 
+39-0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home. You may view 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: Matt Fuller, AD Program Manager, 
Continued Operational Safety Branch, Airworthiness Products Section, 
General Aviation and Rotorcraft Unit, 10101 Hillwood Pkwy., Fort Worth, 
TX 76177; telephone 817-222-5110; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not provide you with notice and an opportunity 
to provide your comments prior to it becoming effective. However, the 
FAA invites you to participate in this rulemaking by submitting written 
comments, data, or views. 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. Except for Confidential Business 
Information (CBI) as described in the following paragraph, and other 
information as described in 14 CFR 11.35, the FAA will file in the 
docket all comments received, as well as a report summarizing each 
substantive public contact with FAA personnel concerning this 
rulemaking during the comment period. The FAA will consider all the 
comments received and may conduct additional rulemaking based on those 
comments.

Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), 
CBI is exempt from public disclosure. If your comments responsive to 
this final rule contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this final rule, it is important that 
you clearly designate the submitted comments as CBI. Please mark each 
page of your submission containing CBI as ``PROPIN.'' The FAA will 
treat such marked submissions as confidential under the FOIA, and they 
will not be placed in the public docket of this final rule. Submissions 
containing CBI should be sent to Matt Fuller, AD Program Manager, 
Continued Operational Safety Branch, Airworthiness Products Section, 
General Aviation and Rotorcraft Unit, 10101 Hillwood Pkwy., Fort Worth, 
TX 76177; telephone 817-222-5110; email [email protected]. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Discussion

    The FAA issued AD 2014-12-07 (79 FR 35035, June 19, 2014) (``2014-
12-07''), for Agusta Model AB412 and AB412EP helicopters with a pinion 
part number (P/N) 412-040-301-101 installed. AD 2014-12-07 requires 
within 100 hours time-in-service (TIS), magnetic particle inspecting 
each pinion for a crack and replacing the pinion if there is a crack. 
AD 2014-12-07 was prompted by EASA AD No. 2013-0187, dated August 16, 
2013 (EASA AD 2013-0187), issued by EASA, which is the Technical Agent 
for the Member States of the European Union. EASA advised of a report 
of a cracked pinion installed in the rotor brake quill that was 
discovered during a magnetic particle inspection (MPI). EASA further 
stated the crack was caused by residual stress generated during the 
manufacturing process. According to EASA, if not corrected, this 
condition could result in failure of the pinion with detachment of 
parts inside the transmission that could cause its malfunction or 
jamming, ultimately resulting in loss of control of the helicopter. To 
correct this unsafe condition, EASA AD 2013-0187 required an MPI of the 
pinion, and if there is a crack, replacing the pinion.

Actions Since AD 2014-12-07 Was Issued

    Since the FAA issued AD 2014-12-07, EASA issued AD No. 2016-0244, 
dated December 14, 2016 (EASA AD 2016-0244), which supersedes EASA AD 
2013-0187. EASA advises of another cracked pinion due to a defect 
generated during the manufacturing process. Accordingly, EASA AD 2016-
0244 retains the MPI requirements of EASA AD 2013-0187 and requires 
inspecting the helicopter within three months to determine if certain 
serial-numbered pinions from the defective manufacturing batch are 
installed and removing any affected pinions before further flight.
    Also, since the FAA issued AD 2014-12-07, Agusta changed its name 
to Leonardo S.p.a. This AD reflects that change and updates the contact 
information to obtain service documentation.

FAA's Determination

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA about the 
unsafe condition described in its AD. The FAA is issuing this AD after 
evaluating all known

[[Page 55173]]

relevant information and determining that an unsafe condition is likely 
to exist or develop on other helicopters of the same type design.

Related Service Information

    The FAA reviewed Leonardo Helicopters Bollettino Tecnico (BT) No. 
412-147, dated September 12, 2016, which specifies identifying the 
serial numbers of the pinion, P/N 412-040-301-101, and removing certain 
pinions from service.
    The FAA also reviewed AgustaWestland BT No. 412-135, Revision A, 
dated July 29, 2013, which describes procedures for a one-time MPI of 
pinion P/N 412-040-301-101.

AD Requirements

    This AD requires, within 75 hours TIS, removing from service pinion 
P/N 412-040-301-101 having serial number (S/N) C17987, C17990, or 
C17991. This AD also requires, within 100 hours TIS, performing an MPI 
for a crack on each pinion P/N 412-040-301-101 if the rotor brake quill 
has never been overhauled. If there is a crack, this AD requires, 
before further flight, removing the pinion from service. Finally, this 
AD prohibits installing pinion P/N 412-040-301-101 having S/N C17987, 
C17990, or C17991 on any helicopter.

Differences Between This AD and the EASA AD

    The EASA AD requires removing from service certain pinions within 3 
months; this AD requires removing these pinions within 75 hours TIS. 
The EASA AD also requires the MPI to be performed within 100 flight 
hours or 5 months, whichever occurs first; this AD requires compliance 
within 100 hours TIS. The EASA AD only prohibits installing pinion P/N 
412-040-301-101 having serial number S/N C17987 or C17991, whereas this 
AD prohibits installing pinion P/N 412-040-301-101 having S/N C17987, 
C17990, or C17991.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    There are no costs of compliance with this AD because there are no 
helicopters with this type certificate on the U.S. Registry.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C.) 
authorizes agencies to dispense with notice and comment procedures for 
rules when the agency, for ``good cause,'' finds that those procedures 
are ``impracticable, unnecessary, or contrary to the public interest.'' 
Under this section, an agency, upon finding good cause, may issue a 
final rule without seeking comment prior to the rulemaking.
    There are no helicopters with this type certificate on the U.S. 
Registry. Therefore, the FAA finds good cause that notice and 
opportunity for prior public comment are unnecessary pursuant to 5 
U.S.C. 553(b)(3)(B). In addition, for the reasons stated above, the FAA 
finds that good cause exists pursuant to 5 U.S.C. 553(d) 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.
    The FAA is 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, and
    2. Will not affect intrastate aviation in Alaska.

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:
0
a. Removing Airworthiness Directive (AD) 2014-12-07, Amendment 39-17868 
(79 FR 35035, June 19, 2014); and
0
b. Adding the following new AD:

2020-18-19 Leonardo S.p.a.: Amendment 39-21240; Docket No. FAA-2020-
0784; Product Identifier 2016-SW-087-AD.

(a) Applicability

    This AD applies to Leonardo S.p.a. Model AB412 and AB412EP 
helicopters, certificated in any category, with a rotor brake pinion 
(pinion) part number (P/N) 412-040-301-101 installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a pinion. 
This condition could result in failure of a pinion, detachment of 
parts inside the transmission causing a malfunction or jamming, and 
subsequent loss of control of the helicopter.

(c) Affected ADs

    This AD supersedes AD 2014-12-07, Amendment 39-17868 (79 FR 
35035, June 19, 2014).

(d) Effective Date

    This AD becomes effective September 21, 2020.

(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 75 hours time-in-service (TIS), remove from service:
    (i) Pinion P/N 412-040-301-101 with serial number C17987;
    (ii) Pinion P/N 412-040-301-101 with serial number C17990; and
    (iii) Pinion P/N 412-040-301-101 with serial number C17991.
    (2) Within 100 hours TIS, if the rotor brake quill has never 
been overhauled, perform a magnetic particle inspection on each 
pinion for a crack. If there is a crack, before further flight, 
remove the pinion from service.
    (3) As of the effective date of this AD, do not install pinion 
P/N 412-040-301-101

[[Page 55174]]

with serial number C17987, C17990, or C17991 on any helicopter.

(g) Special Flight Permits

    Special flight permits are prohibited.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Standards Branch, FAA, may approve 
AMOCs for this AD. Send your proposal to: Matt Fuller, AD Program 
Manager, Continued Operational Safety Branch, Airworthiness Products 
Section, General Aviation and Rotorcraft Unit, 10101 Hillwood Pkwy., 
Fort Worth, TX 76177; telephone 817-222-5110; email 
[email protected].
    (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.

(i) Additional Information

    (1) Leonardo Helicopters Bollettino Tecnico (BT) No. 412-147, 
dated September 12, 2016, and AgustaWestland BT No. 412-135, 
Revision A, dated July 29, 2013, 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, Emanuele Bufano, Head of Airworthiness, Viale 
G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone +39-
0331-225074; fax +39-0331-229046; or at https://www.leonardocompany.com/en/home. 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 (now European Union Aviation Safety Agency) (EASA) No. 
AD 2016-0244, dated December 14, 2016. You may view the EASA AD on 
the internet at https://www.regulations.gov by searching for and 
locating it in Docket No. FAA-2020-0784.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 6321, Main Rotor 
Brake.

    Issued on August 31, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-19533 Filed 9-3-20; 8:45 am]
BILLING CODE 4910-13-P


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