Airworthiness Directives; Leonardo S.p.a. Helicopters, 66469-66471 [2020-23019]
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66469
Rules and Regulations
Federal Register
Vol. 85, No. 203
Tuesday, October 20, 2020
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–1003; Product
Identifier 2018–SW–086–AD; Amendment
39–21294; AD 2020–21–21]
RIN 2120–AA64
Airworthiness Directives; Leonardo
S.p.a. Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for
Leonardo S.p.a. (Leonardo) Model
A109E, A109S, A119, AW109SP, and
AW119MKII helicopters. This AD
requires removing certain main rotor
(M/R) floating ring assemblies from
service. This AD also prohibits
replacing any washer on any M/R
floating ring assembly. This AD was
prompted by a report of a washer
debonding from the M/R floating ring
assembly. The actions of this AD are
intended to address an unsafe condition
on these products.
DATES: This AD is effective November
24, 2020.
ADDRESSES: 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.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
VerDate Sep<11>2014
16:20 Oct 19, 2020
Jkt 253001
and locating Docket No. FAA–2019–
1003; 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 (now
European Union Aviation Safety
Agency) (EASA) AD, 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:
Kristin Bradley, Aerospace Engineer,
General Aviation & Rotorcraft Section,
International Validation Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone 817–222–5110; email
Kristin.Bradley@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to Leonardo Model A109E,
A109S, A119, AW109SP, and
AW119MKII helicopters, with a M/R
floating ring assembly part number (P/
N) 109–0111–09–101 or P/N 109–0111–
09–103 installed. The NPRM published
in the Federal Register on December 9,
2019 (84 FR 67251). The NPRM
proposed to require removing from
service any M/R floating ring assembly
P/N 109–0111–09–101 or P/N 109–
0111–09–103 with serial number (S/N)
DA53295148–1, F86782, G130924,
J31213, L99, L104, L107, L117, L127,
L130, M215, P411, R687, R735, R769,
R772, or V71. The NPRM also proposed
to prohibit installing the affected M/R
floating ring assemblies on any
helicopter. Lastly, the NPRM proposed
to prohibit replacing any washer P/N
109–0111–23–101 on any M/R floating
ring assembly installed on any
helicopter. The proposed requirements
were intended to prevent failure of the
M/R floating ring assembly and
significant increase of the pilot
workload and subsequent loss of control
of the helicopter.
The NPRM was prompted by EASA
AD No. 2018–0205, dated September 14,
2018, issued by EASA, which is the
Technical Agent for the Member States
of the European Union, to correct an
unsafe condition for Leonardo S.p.a.
PO 00000
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Fmt 4700
Sfmt 4700
(formerly Finmeccanica S.p.A.,
AgustaWestland S.p.A., Agusta S.p.A.;
and AgustaWestland Philadelphia
Corporation, formerly Agusta Aerospace
Corporation) Model A109E, A109S,
A119, A109LUH, AW109SP, and
AW119MKII helicopters with certain
part-numbered M/R floating ring
assemblies installed. EASA advises of a
report of a washer P/N 109–0111–23–
101 that debonded from the M/R
floating ring assembly on a Model
A109E helicopter. Investigation results
revealed that the M/R floating ring
assembly had been improperly repaired,
and identified a batch of M/R floating
ring assemblies that could also be
affected. Due to design similarity, some
of those M/R floating ring assemblies
may be installed on other A109/A119
helicopter models.
EASA further advises that this
condition, if not detected and corrected,
could lead to failure of an affected M/
R floating ring assembly and significant
increase of the pilot workload, possibly
resulting in reduced control of the
helicopter. Accordingly, the EASA AD
requires inspecting the M/R floating ring
assembly to identify its S/N and
depending on findings, replacing
affected serial-numbered M/R floating
ring assemblies. The EASA AD also
prohibits installing those serialnumbered M/R floating ring assemblies
on any helicopter and prohibits
replacing washer P/N 109–0111–23–101
on an M/R floating ring assembly
installed on a helicopter.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule, but the FAA did not
receive any comments on the NPRM or
on the determination of the cost to the
public.
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 of the unsafe condition described
in its AD. The FAA is issuing this AD
after evaluating all of the information
provided by EASA and determining 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
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Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Rules and Regulations
adopting the AD requirements as
proposed.
Differences Between This AD and the
EASA AD
The EASA AD applies to Model
A109LUH helicopters, whereas this AD
does not because that model is not FAA
type-certificated.
Related Service Information
The FAA reviewed Leonardo
Helicopters Alert Service Bulletin (ASB)
No. 109EP–163 for Model A109E
helicopters; ASB No. 109S–084 for
Model A109S helicopters; ASB No.
109SP–125 for Model AW109SP
helicopters; and ASB No. 119–092 for
Model A119 and AW119MKll
helicopters, all Revision A and dated
September 13, 2018. This service
information contains procedures to
identify the S/N of the M/R floating ring
assembly and provides instructions for
replacing the floating ring assembly if
necessary. This service information also
specifies replacing certain serialnumbered M/R floating ring assemblies
and reporting certain information to
Leonardo Helicopters.
Costs of Compliance
The FAA estimates that this AD
affects 210 helicopters of U.S. Registry.
The FAA estimates that operators may
incur the following costs in order to
comply with this AD. Labor costs are
estimated at $85 per work-hour.
Inspecting the M/R floating ring
assembly takes about 1 work-hour for an
estimated cost of $85 per helicopter and
$17,850 for the U.S. fleet. Replacing an
M/R floating ring assembly takes about
8 work-hours and parts cost about
$5,500 for an estimated cost of $6,180
per floating ring assembly.
According to Leonardo Helicopters,
some of the costs of this AD may be
covered under warranty, thereby
reducing the cost impact on affected
individuals. The FAA does not control
warranty coverage by Leonardo
Helicopters. Accordingly, the FAA has
included all costs in the 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.
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
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16:20 Oct 19, 2020
Jkt 253001
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.
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 adding
the following new airworthiness
directive:
■
2020–21–21 Leonardo S.p.a.: Amendment
39–21294; Docket No. FAA–2019–1003;
Product Identifier 2018–SW–086–AD.
(a) Applicability
This airworthiness directive (AD) applies
to Leonardo S.p.a. Model A109E, A109S,
A119, AW109SP, and AW119MKII
helicopters, certificated in any category, with
a main rotor (M/R) floating ring assembly
part number (P/N) 109–0111–09–101 or P/N
109–0111–09–103 installed.
(b) Unsafe Condition
This AD defines the unsafe condition as
disbonding of the washer from the M/R
PO 00000
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Fmt 4700
Sfmt 4700
floating ring assembly. This condition could
result in a significant increase of pilot
workload and subsequent loss of control of
the helicopter.
(c) Effective Date
This AD becomes effective November 24,
2020.
(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 25 hours time-in-service,
remove from service any M/R floating ring
assembly P/N 109–0111–09–101 or P/N 109–
0111–09–103 with serial number (S/N)
DA53295148–1, F86782, G130924, J31213,
L99, L104, L107, L117, L127, L130, M215,
P411, R687, R735, R769, R772, or V71.
(2) After the effective date of this AD:
(i) Do not install any M/R floating ring
assembly P/N 109–0111–09–101 or P/N 109–
0111–09–103 with S/N DA53295148–1,
F86782, G130924, J31213, L99, L104, L107,
L117, L127, L130, M215, P411, R687, R735,
R769, R772, or V71 on any helicopter.
(ii) Do not replace any washer P/N 109–
0111–23–101 on any M/R floating ring
assembly installed on any helicopter.
(f) Special Flight Permits
Special flight permits are prohibited.
(g) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, may approve AMOCs for this
AD. Send your proposal to: Kristin Bradley,
Aerospace Engineer, General Aviation &
Rotorcraft Section, International Validation
Branch, FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone 817–222–5110;
email Kristin.Bradley@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, the FAA suggests
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 Alert Service
Bulletin (ASB) No. 109EP–163, ASB No.
109S–084, ASB No.109SP–125, and ASB No.
119–092, all Revision A and dated September
13, 2018, 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 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.
(2) The subject of this AD is addressed in
European Aviation Safety Agency (now
E:\FR\FM\20OCR1.SGM
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Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Rules and Regulations
European Union Aviation Safety Agency)
(EASA) AD No. 2018–0205, dated September
14, 2018. You may view the EASA AD on the
internet at https://www.regulations.gov in
Docket No. FAA–2019–1003.
(i) Subject
Joint Aircraft Service Component (JASC)
Code: 6220, Main Rotor Head.
Issued on October 8, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–23019 Filed 10–19–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9914]
RIN 1545–BP20
Eligible Terminated S Corporations
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulation.
AGENCY:
This document contains final
regulations providing guidance on the
definition of an eligible terminated S
corporation and rules relating to
distributions of money by such a
corporation after the post-termination
transition period. This document also
amends current regulations to extend
the treatment of distributions of money
during the post-termination transition
period to all shareholders of the
corporation and clarifies the allocation
of current earnings and profits to
distributions of money and other
property. The final regulations affect C
corporations that were formerly S
corporations and the shareholders of
such corporations.
DATES:
Effective Date: These regulations are
effective October 20, 2020.
Applicability Dates: For dates of
applicability, see §§ 1.481–6(b), 1.1371–
1(e), 1.1371–2(d), and 1.1377–3(c).
FOR FURTHER INFORMATION CONTACT:
Concerning §§ 1.481–5, 1.481–6,
1.1362–2(a)(2)(iii), 1.1377–2, and
1.1377–3, Margaret Burow or Michael
Gould at (202) 317–5279; concerning
§§ 1.1371–1 and 1.1371–2, Aglaia
Ovtchinnikova at (202) 317–6975 or
Margaret Burow or Michael Gould at
(202) 317–5279; concerning § 1.316–2,
Aglaia Ovtchinnikova at (202) 317–
6975.
SUMMARY:
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
16:20 Oct 19, 2020
Jkt 253001
Background
In the case of an S corporation, as
defined in section 1361(a)(1) of the
Internal Revenue Code (Code), having
accumulated earnings and profits (as
described in section 316(a)(1) of the
Code (AE&P)) that makes a distribution
of property to which section 301 would
otherwise apply, section 1368(c)(1) of
the Code generally treats the amount of
the distribution not in excess of the S
corporation’s accumulated adjustments
account (as defined in § 1.1368–2(a)(1)
(AAA)) or the recipient shareholder’s
adjusted basis in such S corporation’s
stock as excluded from the
shareholder’s gross income. Section
1368(c)(2) provides that the remaining
portion of the distribution is treated as
a dividend (as defined in section 316(a))
to the extent of the S corporation’s
AE&P. Finally, section 1368(c)(3)
provides that any amount of the
distribution in excess of the S
corporation’s AAA and AE&P is applied
against the shareholder’s remaining
adjusted basis in the stock, with any
amount exceeding that adjusted basis
treated as gain from the sale or exchange
of property.
Generally, a distribution by a C
corporation to its shareholders with
respect to their stock ownership is
treated as a taxable dividend to the
extent of the corporation’s earnings and
profits. See sections 301(c) and 316(a).
However, following the termination of a
corporation’s S election made under
section 1362 of the Code (S election),
section 1371(e) of the Code allows
shareholders of the resulting C
corporation to benefit from the
corporation’s former status as an S
corporation with respect to distributions
of money during the corporation’s posttermination transition period (PTTP),
which is generally the one-year period
after the corporation terminates its S
election. Specifically, during the PTTP,
a distribution of money by the C
corporation is characterized as a
distribution from the corporation’s
AAA. The receipt of such a distribution
is tax-free to the extent of the recipient
shareholder’s basis in its stock and the
corporation’s AAA balance. If the
distribution exceeds the recipient
shareholder’s basis in its stock, but not
the corporation’s AAA, then the
distribution is tax-free to the extent of
the recipient shareholder’s basis, with
the remainder treated as gain from the
sale of property. If the distribution
exceeds the corporation’s AAA, then the
excess is taxed as a dividend from
current earnings and profits (as
described in section 316(a)(2) (CE&P)) or
any AE&P from the corporation’s
PO 00000
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Fmt 4700
Sfmt 4700
66471
previous existence as a corporation
taxed under subchapter C. Without
section 1371(e), shareholders of the
former S corporation would be
precluded from receiving distributions
allocable to AAA.
Section 13543(a) and (b) of Public
Law 115–97, 131 Stat. 2054, 2155
(2017), commonly referred to as the Tax
Cuts and Jobs Act (TJCA), amended the
Code by adding new sections 481(d) and
1371(f), effective as of December 22,
2017, the date of enactment of the TCJA.
Section 481(d)(1) of the Code permits
a corporation that qualifies as an eligible
terminated S corporation (ETSC) to take
into account any 481 adjustments (as
defined in part II.C of the Summary of
Comments and Explanation of
Revisions) which are attributable to the
revocation of an S election over the
section 481(d) inclusion period, which
is the six-taxable-year-period beginning
with the year of change (as defined in
part II.C of the Summary of Comments
and Explanation of Revisions). Section
481(d)(2) defines an ETSC as a C
corporation meeting the following three
requirements: (i) The corporation was
an S corporation on December 21, 2017;
(ii) the S corporation revoked its
election under section 1362(a) to be an
S corporation (that is, the S election)
during the two-year period beginning on
December 22, 2017 (revocation
requirement); and (iii) the owners of the
stock of the corporation, determined on
the date the corporation made a
revocation of its S election, are the same
owners (and own identical proportions
of the corporation’s stock) as on
December 22, 2017 (shareholder identity
requirement).
Section 1371(f) extends the period
during which shareholders of an ETSC
can benefit from its AAA generated
during the corporation’s former status as
an S corporation (ETSC period) by
providing that, in the case of
distributions of money following the
PTTP, (i) the distributing ETSC’s AAA
is allocated to a distribution of money
to which section 301 would otherwise
apply (qualified distribution), and (ii)
the qualified distribution is chargeable
to AE&P in the same ratio as the amount
of such AAA bears to the amount of
such AE&P. In enacting section 1371(f),
Congress determined that ‘‘it is
important to provide rules to ease the
transition from S corporation to C
corporation for the affected taxpayers’’
because, based on the TCJA’s revisions
to the Code, ‘‘taxpayers that previously
elected to be taxed as S corporations
may prefer instead to be taxed as C
corporations.’’ H. Rept. 115–409, 115th
Cong., 1st Sess., at 245 (Nov. 14, 2017)
(House Report).
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Agencies
[Federal Register Volume 85, Number 203 (Tuesday, October 20, 2020)]
[Rules and Regulations]
[Pages 66469-66471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23019]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 /
Rules and Regulations
[[Page 66469]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-1003; Product Identifier 2018-SW-086-AD; Amendment
39-21294; AD 2020-21-21]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Leonardo S.p.a. (Leonardo) Model A109E, A109S, A119, AW109SP, and
AW119MKII helicopters. This AD requires removing certain main rotor (M/
R) floating ring assemblies from service. This AD also prohibits
replacing any washer on any M/R floating ring assembly. This AD was
prompted by a report of a washer debonding from the M/R floating ring
assembly. The actions of this AD are intended to address an unsafe
condition on these products.
DATES: This AD is effective November 24, 2020.
ADDRESSES: 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.
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-2019-
1003; 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 (now European Union
Aviation Safety Agency) (EASA) AD, 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: Kristin Bradley, Aerospace Engineer,
General Aviation & Rotorcraft Section, International Validation Branch,
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-
5110; email [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to Leonardo Model A109E,
A109S, A119, AW109SP, and AW119MKII helicopters, with a M/R floating
ring assembly part number (P/N) 109-0111-09-101 or P/N 109-0111-09-103
installed. The NPRM published in the Federal Register on December 9,
2019 (84 FR 67251). The NPRM proposed to require removing from service
any M/R floating ring assembly P/N 109-0111-09-101 or P/N 109-0111-09-
103 with serial number (S/N) DA53295148-1, F86782, G130924, J31213,
L99, L104, L107, L117, L127, L130, M215, P411, R687, R735, R769, R772,
or V71. The NPRM also proposed to prohibit installing the affected M/R
floating ring assemblies on any helicopter. Lastly, the NPRM proposed
to prohibit replacing any washer P/N 109-0111-23-101 on any M/R
floating ring assembly installed on any helicopter. The proposed
requirements were intended to prevent failure of the M/R floating ring
assembly and significant increase of the pilot workload and subsequent
loss of control of the helicopter.
The NPRM was prompted by EASA AD No. 2018-0205, dated September 14,
2018, issued by EASA, which is the Technical Agent for the Member
States of the European Union, to correct an unsafe condition for
Leonardo S.p.a. (formerly Finmeccanica S.p.A., AgustaWestland S.p.A.,
Agusta S.p.A.; and AgustaWestland Philadelphia Corporation, formerly
Agusta Aerospace Corporation) Model A109E, A109S, A119, A109LUH,
AW109SP, and AW119MKII helicopters with certain part-numbered M/R
floating ring assemblies installed. EASA advises of a report of a
washer P/N 109-0111-23-101 that debonded from the M/R floating ring
assembly on a Model A109E helicopter. Investigation results revealed
that the M/R floating ring assembly had been improperly repaired, and
identified a batch of M/R floating ring assemblies that could also be
affected. Due to design similarity, some of those M/R floating ring
assemblies may be installed on other A109/A119 helicopter models.
EASA further advises that this condition, if not detected and
corrected, could lead to failure of an affected M/R floating ring
assembly and significant increase of the pilot workload, possibly
resulting in reduced control of the helicopter. Accordingly, the EASA
AD requires inspecting the M/R floating ring assembly to identify its
S/N and depending on findings, replacing affected serial-numbered M/R
floating ring assemblies. The EASA AD also prohibits installing those
serial-numbered M/R floating ring assemblies on any helicopter and
prohibits replacing washer P/N 109-0111-23-101 on an M/R floating ring
assembly installed on a helicopter.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule, but the FAA did not receive any comments on
the NPRM or on the determination of the cost to the public.
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 of the
unsafe condition described in its AD. The FAA is issuing this AD after
evaluating all of the information provided by EASA and determining 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
[[Page 66470]]
adopting the AD requirements as proposed.
Differences Between This AD and the EASA AD
The EASA AD applies to Model A109LUH helicopters, whereas this AD
does not because that model is not FAA type-certificated.
Related Service Information
The FAA reviewed Leonardo Helicopters Alert Service Bulletin (ASB)
No. 109EP-163 for Model A109E helicopters; ASB No. 109S-084 for Model
A109S helicopters; ASB No. 109SP-125 for Model AW109SP helicopters; and
ASB No. 119-092 for Model A119 and AW119MKll helicopters, all Revision
A and dated September 13, 2018. This service information contains
procedures to identify the S/N of the M/R floating ring assembly and
provides instructions for replacing the floating ring assembly if
necessary. This service information also specifies replacing certain
serial-numbered M/R floating ring assemblies and reporting certain
information to Leonardo Helicopters.
Costs of Compliance
The FAA estimates that this AD affects 210 helicopters of U.S.
Registry. The FAA estimates that operators may incur the following
costs in order to comply with this AD. Labor costs are estimated at $85
per work-hour.
Inspecting the M/R floating ring assembly takes about 1 work-hour
for an estimated cost of $85 per helicopter and $17,850 for the U.S.
fleet. Replacing an M/R floating ring assembly takes about 8 work-hours
and parts cost about $5,500 for an estimated cost of $6,180 per
floating ring assembly.
According to Leonardo Helicopters, some of the costs of this AD may
be covered under warranty, thereby reducing the cost impact on affected
individuals. The FAA does not control warranty coverage by Leonardo
Helicopters. Accordingly, the FAA has included all costs in the 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.
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 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.
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:
2020-21-21 Leonardo S.p.a.: Amendment 39-21294; Docket No. FAA-2019-
1003; Product Identifier 2018-SW-086-AD.
(a) Applicability
This airworthiness directive (AD) applies to Leonardo S.p.a.
Model A109E, A109S, A119, AW109SP, and AW119MKII helicopters,
certificated in any category, with a main rotor (M/R) floating ring
assembly part number (P/N) 109-0111-09-101 or P/N 109-0111-09-103
installed.
(b) Unsafe Condition
This AD defines the unsafe condition as disbonding of the washer
from the M/R floating ring assembly. This condition could result in
a significant increase of pilot workload and subsequent loss of
control of the helicopter.
(c) Effective Date
This AD becomes effective November 24, 2020.
(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 25 hours time-in-service, remove from service any M/R
floating ring assembly P/N 109-0111-09-101 or P/N 109-0111-09-103
with serial number (S/N) DA53295148-1, F86782, G130924, J31213, L99,
L104, L107, L117, L127, L130, M215, P411, R687, R735, R769, R772, or
V71.
(2) After the effective date of this AD:
(i) Do not install any M/R floating ring assembly P/N 109-0111-
09-101 or P/N 109-0111-09-103 with S/N DA53295148-1, F86782,
G130924, J31213, L99, L104, L107, L117, L127, L130, M215, P411,
R687, R735, R769, R772, or V71 on any helicopter.
(ii) Do not replace any washer P/N 109-0111-23-101 on any M/R
floating ring assembly installed on any helicopter.
(f) Special Flight Permits
Special flight permits are prohibited.
(g) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, may
approve AMOCs for this AD. Send your proposal to: Kristin Bradley,
Aerospace Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, 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, the FAA suggests
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 Alert Service Bulletin (ASB) No. 109EP-
163, ASB No. 109S-084, ASB No.109SP-125, and ASB No. 119-092, all
Revision A and dated September 13, 2018, 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 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.
(2) The subject of this AD is addressed in European Aviation
Safety Agency (now
[[Page 66471]]
European Union Aviation Safety Agency) (EASA) AD No. 2018-0205,
dated September 14, 2018. You may view the EASA AD on the internet
at https://www.regulations.gov in Docket No. FAA-2019-1003.
(i) Subject
Joint Aircraft Service Component (JASC) Code: 6220, Main Rotor
Head.
Issued on October 8, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-23019 Filed 10-19-20; 8:45 am]
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