Airworthiness Directives; Leonardo S.p.a. Helicopters, 6091-6094 [2022-02073]
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Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Proposed Rules
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Piper Aircraft, Inc.: Docket No. FAA–2022–
0222; Project Identifier AD–2020–01264–
A.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by March 21,
2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Piper Aircraft, Inc.,
Model PA–34–200 airplanes, serial numbers
34–7250001 through 34–7450220, certificated
in any category.
(d) Subject
Joint Aircraft System Component (JASC)
Code 3220, Nose/Tail Landing Gear.
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(e) Unsafe Condition
This AD was prompted by the
determination that the life limit for alternate
bolts that attach the drag link to the nose gear
were not included as airworthiness
limitations. The FAA is issuing this AD to
establish a life limit on bolt part numbers
693–215 and NAS6207–50D that attach the
drag link to the nose gear trunnion. The
unsafe condition, if not addressed, could
result in failure of the nose landing gear and
lead to loss of airplane control during takeoff, landing, or taxi operations.
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(i) Related Information
(1) For more information about this AD,
contact John Marshall, Aviation Safety
Engineer, Atlanta ACO Branch, FAA, 1701
Columbia Avenue, College Park, GA 30337;
phone: (404) 474–5524; email:
john.r.marshall@faa.gov.
(2) For service information identified in
this AD, contact Piper Aircraft, Inc., 2926
Piper Drive, Vero Beach, FL 32960; phone:
(772) 299–2141; website: https://
www.piper.com. You may view this
referenced service information at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 901 Locust, Kansas City, MO
64106. For information on the availability of
this material at the FAA, call (817) 222–5110.
Issued on January 27, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–02072 Filed 2–2–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–0024; Project
Identifier MCAI–2021–00994–R]
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
RIN 2120–AA64
(g) Actions
(1) Within 90 days after the effective date
of this AD, incorporate into the maintenance
records required by 14 CFR 91.417(a)(2) or
135.439(a)(2) for your airplane a life limit of
500 hours for bolt part numbers 693–215 and
NAS6207–50D.
Note to paragraph (g)(1): Piper Seneca
Service Manual, Airworthiness Limitations,
753–817, page 1–1, dated November 30,
2019, contains the life limit in paragraph
(g)(1) of this AD.
(2) Thereafter, except as provided in
paragraph (h)(1) of this AD, no alternative
replacement times may be approved for these
bolts.
AGENCY:
(h) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Atlanta ACO 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 manager of the
certification office, send it to the attention of
the person identified in paragraph (i)(1) of
this AD.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
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Airworthiness Directives; Leonardo
S.p.a. Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
The FAA proposes to
supersede Airworthiness Directive (AD)
2021–17–18, which applies to all
Leonardo S.p.a. Model A109C, A109K2,
A109E, A109S, and AW109SP
helicopters. AD 2021–17–18 requires an
inspection of certain tail rotor (TR)
sleeve assemblies for discrepancies, an
inspection of certain TR shaft
assemblies for discrepancies, a
repetitive measurement of the position
of the bushing of the TR sleeve assembly
in relation to the pitch change slider
assembly, and corrective actions if
necessary. Since the FAA issued AD
2021–17–18, the FAA has determined
that it is necessary to require repetitive
inspections of certain TR sleeve
assemblies and corrective actions. This
proposed AD would retain the
requirements of AD 2021–17–18; and
would also require repetitive
inspections of the TR sleeve assemblies,
and corrective actions if necessary, as
SUMMARY:
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specified in a European Union Aviation
Safety Agency (EASA) AD, which is
proposed for incorporation by reference
(IBR). The FAA is proposing this AD to
address the unsafe condition on these
products.
The FAA must receive comments
on this proposed AD by March 21, 2022.
DATES:
You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For material that is proposed for IBR
in this AD, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; phone: +49 221 8999 000;
email: ADs@easa.europa.eu; internet:
www.easa.europa.eu. You may find this
IBR material on the EASA website at
https://ad.easa.europa.eu. You may
view this material at the 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.
It is also available in the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2022–0024.
ADDRESSES:
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2022–0024; 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
NPRM, any comments received, and
other information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Andrea Jimenez, Aerospace Engineer,
COS Program Management Section,
Operational Safety Branch, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY
11590; phone: (516) 228–7330; email:
andrea.jimenez@faa.gov.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Proposed Rules
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2022–0024; Project Identifier
MCAI–2021–00994–R’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
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 post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
agency will also post a report
summarizing each substantive verbal
contact received about this proposal.
Confidential Business Information
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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 NPRM
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 NPRM, 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
NPRM. Submissions containing CBI
should be sent to Andrea Jimenez,
Aerospace Engineer, COS Program
Management Section, Operational
Safety Branch, FAA, 1600 Stewart Ave.,
Suite 410, Westbury, NY 11590; phone:
(516) 228–7330; email: andrea.jimenez@
faa.gov. Any commentary that the FAA
receives that is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
TR sleeve assemblies for discrepancies,
an inspection of certain TR shaft
assemblies for discrepancies, a
repetitive measurement of the position
of the bushing of the TR sleeve assembly
in relation to the pitch change slider
assembly, and corrective actions if
necessary. The FAA issued AD 2021–
17–18 to address cracking on the TR
mast, which could lead to failure of the
TR mast, with consequent loss of
control of the helicopter.
Actions Since AD 2021–17–18 Was
Issued
The preamble to AD 2021–17–18
explains that the FAA was considering
further rulemaking to address the
actions specified in paragraphs (5) and
(9) of EASA AD 2021–0144, dated June
17, 2021 (EASA AD 2021–0144). The
FAA has now determined that further
rulemaking is indeed necessary, and
this proposed AD follows from that
determination.
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2021–0144 (also referred to as the
Mandatory Continuing Airworthiness
Information, or the MCAI), to correct an
unsafe condition for all Leonardo S.p.a.
(formerly Finmeccanica S.p.A,
AgustaWestland S.p.A., Agusta S.p.A.)
Model A109C, A109K2, A109E, A109S,
and AW109SP helicopters.
This proposed AD was prompted by
a determination that additional actions
are required to address the unsafe
condition. This proposed AD was also
prompted by a report of a crack on the
TR mast. The FAA is proposing this AD
to address cracking on the TR mast,
which could lead to failure of the TR
mast, with consequent loss of control of
the helicopter. See the MCAI for
additional background information.
Background
Related Service Information Under 1
CFR Part 51
This proposed AD would require
EASA AD 2021–0144, which the
Director of the Federal Register
approved for incorporation by reference
as of September 7, 2021 (86 FR 46766,
August 20, 2021). This material 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.
The FAA issued AD 2021–17–18,
Amendment 39–21701 (86 FR 46766,
August 20, 2021) (AD 2021–17–18),
which applies to all Leonardo S.p.a.
Model A109C, A109K2, A109E, A109S,
and AW109SP helicopters. AD 2021–
17–18 requires an inspection of certain
FAA’s Determination and Requirements
of This Proposed AD
These products have been approved
by the aviation authority of another
country, and are approved for operation
in the United States. Pursuant to the
bilateral agreement with the State of
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Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is proposing this AD
after evaluating all the relevant
information and determining the unsafe
condition described previously is likely
to exist or develop in other products of
the same type design.
Proposed AD Requirements
This proposed AD would require
accomplishing the actions specified in
EASA AD 2021–0144 described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this AD and except as
discussed under ‘‘Difference Between
this Proposed AD and the MCAI.’’
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA initially worked with
Airbus and EASA to develop a process
to use certain EASA ADs as the primary
source of information for compliance
with requirements for corresponding
FAA ADs. The FAA has since
coordinated with other manufacturers
and civil aviation authorities to use this
process. As a result, EASA AD 2021–
0144 will be incorporated by reference
in the FAA final rule. This proposed AD
would, therefore, require compliance
with EASA AD 2021–0144 in its
entirety, through that incorporation,
except for any differences identified as
exceptions in the regulatory text of this
proposed AD. Using common terms that
are the same as the heading of a
particular section in the EASA AD does
not mean that operators need comply
only with that section. For example,
where the AD requirement refers to ‘‘all
required actions and compliance times,’’
compliance with this AD requirement is
not limited to the section titled
‘‘Required Action(s) and Compliance
Time(s)’’ in the EASA AD. Service
information specified in EASA AD
2021–0144 that is required for
compliance with EASA AD 2021–0144
will be available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2022–0024 after the FAA final
rule is published.
Difference Between This Proposed AD
and the MCAI
Paragraph (1) of EASA AD 2021–0144
specifies the inspection must be done
within 25 flight hours or 3 months,
whichever occurs first. However, this
AD requires the inspection to be done
within 25 hours time-in-service after
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September 7, 2021 (the effective date of
AD 2021–17–18).
will enable the manufacturer to obtain
better insight into the nature, cause, and
extent of the cracking, and eventually to
develop final action to address the
unsafe condition. Once final action has
been identified, the FAA might consider
further rulemaking.
Interim Action
The FAA considers this proposed AD
interim action. The inspection reports
that are required by this proposed AD
Costs of Compliance
The FAA estimates that this proposed
AD affects 133 helicopters of U.S.
registry. The FAA estimates the
following costs to comply with this
proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Retained Inspections/from AD 2021–
17–18.
Up to 6 work-hours × $85 per hour =
$510 per inspection/measurement
cycle.
Up to 1 work-hour × $85 per hour =
$85 per inspection cycle.
New proposed Repetitive Inspections
The FAA estimates the following
costs to do any necessary on-condition
actions (replacements, repairs, and
Cost per product
Cost on U.S.
operators
Up to $510 per inspection/measurement cycle.
Up to $85 per inspection cycle.
Up to $67,830 per inspection/measurement cycle.
Up to $11,305 per inspection cycle.
Parts cost
$0
0
reporting) that would be required based
on the results of any required actions.
The FAA has no way of determining the
number of helicopters that might need
these on-condition actions:
ESTIMATED COSTS OF ON-CONDITION ACTIONS *
Action
Labor cost
Parts cost
Retained Replacements ...............
Retained Reporting .......................
19 work-hours × $85 per hour = $1,615 .............................................
1 work-hour × $85 per hour = $85 ......................................................
$88,760
0
Cost per product
Up to $90,375.
$85.
* The FAA has received no definitive data on which to base the cost estimates for the on-condition repairs specified in this proposed AD. However, the cost for restoring solid film lubricant is considered to be negligible.
According to the manufacturer, some
or all of the costs of this proposed AD
may be covered under warranty, thereby
reducing the cost impact on affected
operators. The FAA does not control
warranty coverage for affected operators.
As a result, the FAA has included all
known costs in the cost estimate.
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Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a current valid
OMB control number. The control
number for the collection of information
required by this proposed AD is 2120–
0056. The paperwork cost associated
with this proposed AD has been
detailed in the Costs of Compliance
section of this document and includes
time for reviewing instructions, as well
as completing and reviewing the
collection of information. Therefore, all
reporting associated with this proposed
AD is mandatory. Comments concerning
the accuracy of this burden and
suggestions for reducing the burden
should be directed to Information
Collection Clearance Officer, Federal
Aviation Administration, 10101
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Hillwood Pkwy., Fort Worth, TX 76177–
1524.
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
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List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
PO 00000
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Sfmt 4702
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2021–17–18, Amendment 39–
■
■
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Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Proposed Rules
21701 (86 FR 46766, August 20, 2021);
and
■ b. Adding the following new AD:
Leonardo S.p.a.: Docket No. FAA–2022–
0024; Project Identifier MCAI–2021–
00994–R.
(a) Comments Due Date
The FAA must receive comments by March
21, 2022.
(b) Affected Airworthiness Directives (ADs)
This AD replaces AD 2021–17–18,
Amendment 39–21701 (86 FR 46766, August
20, 2021) (AD 2021–17–18).
(c) Applicability
This AD applies to all Leonardo S.p.a.
Model A109C, A109K2, A109E, A109S, and
AW109SP helicopters, certificated in any
category.
(d) Subject
Joint Aircraft System Component (JASC)
Code 6400, Tail Rotor System.
(e) Unsafe Condition
This AD was prompted by a report of a
crack on the tail rotor (TR) mast. The FAA
is issuing this AD to address cracking on the
TR mast, which could lead to failure of the
TR mast, with consequent loss of control of
the helicopter.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(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, European Union Aviation
Safety Agency (EASA) AD 2021–0144, dated
June 17, 2021 (EASA AD 2021–0144).
(h) Exceptions to EASA AD 2021–0144
(1) Where EASA AD 2021–0144 refers to its
effective date, this AD requires using
September 7, 2021 (the effective date of AD
2021–17–18).
(2) The ‘‘Remarks’’ section of EASA AD
2021–0144 does not apply to this AD.
(3) Where EASA AD 2021–0144 refers to
flight hours (FH), this AD requires using
hours time-in-service.
(4) Where paragraph (1) of EASA AD 2021–
0144 specifies a compliance time of 25 FH or
3 months, whichever occurs first, this AD
requires compliance within 25 hours time-inservice after September 7, 2021 (the effective
date of AD 2021–17–18).
(5) Where Note 1 of EASA AD 2021–0144
specifies a tolerance of 30 FH, this AD does
not allow a tolerance.
(6) The initial compliance time for the
inspection specified in paragraph (5) of
EASA AD 2021–0144 is at the compliance
time specified in paragraph (5) of EASA AD
2021–0144, or within 30 days after the
effective date of this AD, whichever occurs
later.
(7) Where paragraph (6) of EASA AD 2021–
0144 states the term ‘‘discrepancies,’’ for the
purposes of this AD discrepancies include
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dents, corrosion, elongation, scratches, wear,
excessive wear (web visible), fretting, or
stepping.
(8) Where paragraph (7) of EASA AD 2021–
0144 states the term ‘‘discrepancies,’’ for the
purposes of this AD discrepancies include
abnormal wear condition, corrosion, fretting,
crack, or damage (including dents,
elongation, scratches, or stepping).
(9) Where EASA AD 2021–0144 defines
‘‘serviceable part,’’ and that definition
specifies instructions that are ‘‘approved
under Leonardo Design Organization
Approval (DOA) or by EASA,’’ for this AD,
the repair must be accomplished using a
method approved by the Manager, General
Aviation and Rotorcraft Section,
International Validation Branch, FAA; or
EASA; or Leonardo S.p.a.’s EASA DOA. If
approved by the DOA, the approval must
include the DOA-authorized signature.
(10) Where Note 2 and paragraph (7) of
EASA AD 2021–0144 specify instructions
that are ‘‘approved under Leonardo DOA or
by EASA,’’ for this AD, the repair must be
accomplished using a method approved by
the Manager, General Aviation and Rotorcraft
Section, International Validation Branch,
FAA; or EASA; or Leonardo S.p.a.’s EASA
DOA. If approved by the DOA, the approval
must include the DOA-authorized signature.
(11) Where the service information
referenced in EASA AD 2021–0144 specifies
to contact the manufacturer for corrective
action, this AD requires the repair to be done
in accordance with a method approved by
the Manager, General Aviation and Rotorcraft
Section, International Validation Branch,
FAA; or EASA; or Leonardo S.p.a.’s EASA
DOA. If approved by the DOA, the approval
must include the DOA-authorized signature.
(12) Where the service information
referenced in EASA AD 2021–0144 specifies
to discard a certain part, this AD requires
removing that part from service.
(i) Special Flight Permit
Special flight permits may be issued in
accordance with 14 CFR 21.197 and 21.199
to operate the helicopter to a location where
the actions of this AD can be performed,
provided no passengers are onboard.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, 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 manager of the International Validation
Branch, send it to the attention of the person
identified in paragraph (k)(2) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(2) 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.
(k) Related Information
(1) For EASA AD 2021–0144, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668
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Cologne, Germany; phone: +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. You may view this
material at the 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. 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–2022–0024.
(2) For more information about this AD,
contact Andrea Jimenez, Aerospace Engineer,
COS Program Management Section,
Operational Safety Branch, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY
11590; phone: (516) 228–7330; email:
andrea.jimenez@faa.gov.
Issued on January 27, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–02073 Filed 2–2–22; 8:45 am]
BILLING CODE 4910–13–P
RAILROAD RETIREMENT BOARD
20 CFR Part 220
RIN 3220–AB77
Consultative Examinations
Railroad Retirement Board.
Proposed rule.
AGENCY:
ACTION:
The Railroad Retirement
Board proposes to amend its regulations
concerning consultative examinations
used in adjudication of claims for
disability annuities. The amendment
will permit psychological and
psychiatric consultative examinations to
be conducted through the use of video
teleconferencing technology. The
amendment will allow the remote
conduct of examinations where physical
contact is not required and will
facilitate medical evaluations when
physical proximity is not feasible.
DATES: Submit comments on or before
April 4, 2022.
ADDRESSES: You may send comments,
identified by RIN number, by any of the
following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for sending comments.
Email: SecretarytotheBoard@RRB.gov.
Include RIN 3220–AB77 in the subject
line of the message.
Mail: Secretary to the Board, Railroad
Retirement Board, 844 N Rush St.,
Chicago, IL 60611–1275.
FOR FURTHER INFORMATION CONTACT:
Marguerite P. Dadabo, (312) 751–4945,
SUMMARY:
E:\FR\FM\03FEP1.SGM
03FEP1
]]>Agencies
[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Proposed Rules]
[Pages 6091-6094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02073]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0024; Project Identifier MCAI-2021-00994-R]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2021-17-18, which applies to all Leonardo S.p.a. Model A109C, A109K2,
A109E, A109S, and AW109SP helicopters. AD 2021-17-18 requires an
inspection of certain tail rotor (TR) sleeve assemblies for
discrepancies, an inspection of certain TR shaft assemblies for
discrepancies, a repetitive measurement of the position of the bushing
of the TR sleeve assembly in relation to the pitch change slider
assembly, and corrective actions if necessary. Since the FAA issued AD
2021-17-18, the FAA has determined that it is necessary to require
repetitive inspections of certain TR sleeve assemblies and corrective
actions. This proposed AD would retain the requirements of AD 2021-17-
18; and would also require repetitive inspections of the TR sleeve
assemblies, and corrective actions if necessary, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation by reference (IBR). The FAA is proposing this AD to
address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by March 21,
2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For material that is proposed for IBR in this AD, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email: [email protected]; internet: www.easa.europa.eu. You may
find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this material at the 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. It is also available in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0024.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0024; 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 NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; phone: (516) 228-7330;
email: [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 6092]]
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0024; Project Identifier
MCAI-2021-00994-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
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 post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposal.
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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to
Andrea Jimenez, Aerospace Engineer, COS Program Management Section,
Operational Safety Branch, FAA, 1600 Stewart Ave., Suite 410, Westbury,
NY 11590; phone: (516) 228-7330; email: [email protected]. Any
commentary that the FAA receives that is not specifically designated as
CBI will be placed in the public docket for this rulemaking.
Background
The FAA issued AD 2021-17-18, Amendment 39-21701 (86 FR 46766,
August 20, 2021) (AD 2021-17-18), which applies to all Leonardo S.p.a.
Model A109C, A109K2, A109E, A109S, and AW109SP helicopters. AD 2021-17-
18 requires an inspection of certain TR sleeve assemblies for
discrepancies, an inspection of certain TR shaft assemblies for
discrepancies, a repetitive measurement of the position of the bushing
of the TR sleeve assembly in relation to the pitch change slider
assembly, and corrective actions if necessary. The FAA issued AD 2021-
17-18 to address cracking on the TR mast, which could lead to failure
of the TR mast, with consequent loss of control of the helicopter.
Actions Since AD 2021-17-18 Was Issued
The preamble to AD 2021-17-18 explains that the FAA was considering
further rulemaking to address the actions specified in paragraphs (5)
and (9) of EASA AD 2021-0144, dated June 17, 2021 (EASA AD 2021-0144).
The FAA has now determined that further rulemaking is indeed necessary,
and this proposed AD follows from that determination.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0144 (also referred to as the
Mandatory Continuing Airworthiness Information, or the MCAI), to
correct an unsafe condition for all Leonardo S.p.a. (formerly
Finmeccanica S.p.A, AgustaWestland S.p.A., Agusta S.p.A.) Model A109C,
A109K2, A109E, A109S, and AW109SP helicopters.
This proposed AD was prompted by a determination that additional
actions are required to address the unsafe condition. This proposed AD
was also prompted by a report of a crack on the TR mast. The FAA is
proposing this AD to address cracking on the TR mast, which could lead
to failure of the TR mast, with consequent loss of control of the
helicopter. See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
This proposed AD would require EASA AD 2021-0144, which the
Director of the Federal Register approved for incorporation by
reference as of September 7, 2021 (86 FR 46766, August 20, 2021). This
material 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.
FAA's Determination and Requirements of This Proposed AD
These products have been approved by the aviation authority of
another country, and are approved for operation in the United States.
Pursuant to the bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD after evaluating all the
relevant information and determining the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0144 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD and except as discussed under ``Difference
Between this Proposed AD and the MCAI.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities to use this process. As a result, EASA AD 2021-0144 will be
incorporated by reference in the FAA final rule. This proposed AD
would, therefore, require compliance with EASA AD 2021-0144 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2021-0144 that is required for compliance with EASA AD 2021-
0144 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2022-0024 after the FAA
final rule is published.
Difference Between This Proposed AD and the MCAI
Paragraph (1) of EASA AD 2021-0144 specifies the inspection must be
done within 25 flight hours or 3 months, whichever occurs first.
However, this AD requires the inspection to be done within 25 hours
time-in-service after
[[Page 6093]]
September 7, 2021 (the effective date of AD 2021-17-18).
Interim Action
The FAA considers this proposed AD interim action. The inspection
reports that are required by this proposed AD will enable the
manufacturer to obtain better insight into the nature, cause, and
extent of the cracking, and eventually to develop final action to
address the unsafe condition. Once final action has been identified,
the FAA might consider further rulemaking.
Costs of Compliance
The FAA estimates that this proposed AD affects 133 helicopters of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Retained Inspections/from AD 2021- Up to 6 work-hours $0 Up to $510 per Up to $67,830 per
17-18. x $85 per hour = inspection/ inspection/
$510 per measurement cycle. measurement cycle.
inspection/
measurement cycle.
New proposed Repetitive Up to 1 work-hour x 0 Up to $85 per Up to $11,305 per
Inspections. $85 per hour = $85 inspection cycle. inspection cycle.
per inspection
cycle.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition actions (replacements, repairs, and reporting) that would be
required based on the results of any required actions. The FAA has no
way of determining the number of helicopters that might need these on-
condition actions:
Estimated Costs of On-Condition Actions *
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Retained Replacements................ 19 work-hours x $85 per $88,760 Up to $90,375.
hour = $1,615.
Retained Reporting................... 1 work-hour x $85 per 0 $85.
hour = $85.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost estimates for the on-condition repairs
specified in this proposed AD. However, the cost for restoring solid film lubricant is considered to be
negligible.
According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators. The FAA does not control warranty
coverage for affected operators. As a result, the FAA has included all
known costs in the cost estimate.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this proposed AD
is 2120-0056. The paperwork cost associated with this proposed AD has
been detailed in the Costs of Compliance section of this document and
includes time for reviewing instructions, as well as completing and
reviewing the collection of information. Therefore, all reporting
associated with this proposed AD is mandatory. Comments concerning the
accuracy of this burden and suggestions for reducing the burden should
be directed to Information Collection Clearance Officer, Federal
Aviation Administration, 10101 Hillwood Pkwy., Fort Worth, TX 76177-
1524.
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
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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) 2021-17-18, Amendment 39-
[[Page 6094]]
21701 (86 FR 46766, August 20, 2021); and
0
b. Adding the following new AD:
Leonardo S.p.a.: Docket No. FAA-2022-0024; Project Identifier MCAI-
2021-00994-R.
(a) Comments Due Date
The FAA must receive comments by March 21, 2022.
(b) Affected Airworthiness Directives (ADs)
This AD replaces AD 2021-17-18, Amendment 39-21701 (86 FR 46766,
August 20, 2021) (AD 2021-17-18).
(c) Applicability
This AD applies to all Leonardo S.p.a. Model A109C, A109K2,
A109E, A109S, and AW109SP helicopters, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code 6400, Tail Rotor
System.
(e) Unsafe Condition
This AD was prompted by a report of a crack on the tail rotor
(TR) mast. The FAA is issuing this AD to address cracking on the TR
mast, which could lead to failure of the TR mast, with consequent
loss of control of the helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(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, European Union Aviation Safety Agency (EASA) AD
2021-0144, dated June 17, 2021 (EASA AD 2021-0144).
(h) Exceptions to EASA AD 2021-0144
(1) Where EASA AD 2021-0144 refers to its effective date, this
AD requires using September 7, 2021 (the effective date of AD 2021-
17-18).
(2) The ``Remarks'' section of EASA AD 2021-0144 does not apply
to this AD.
(3) Where EASA AD 2021-0144 refers to flight hours (FH), this AD
requires using hours time-in-service.
(4) Where paragraph (1) of EASA AD 2021-0144 specifies a
compliance time of 25 FH or 3 months, whichever occurs first, this
AD requires compliance within 25 hours time-in-service after
September 7, 2021 (the effective date of AD 2021-17-18).
(5) Where Note 1 of EASA AD 2021-0144 specifies a tolerance of
30 FH, this AD does not allow a tolerance.
(6) The initial compliance time for the inspection specified in
paragraph (5) of EASA AD 2021-0144 is at the compliance time
specified in paragraph (5) of EASA AD 2021-0144, or within 30 days
after the effective date of this AD, whichever occurs later.
(7) Where paragraph (6) of EASA AD 2021-0144 states the term
``discrepancies,'' for the purposes of this AD discrepancies include
dents, corrosion, elongation, scratches, wear, excessive wear (web
visible), fretting, or stepping.
(8) Where paragraph (7) of EASA AD 2021-0144 states the term
``discrepancies,'' for the purposes of this AD discrepancies include
abnormal wear condition, corrosion, fretting, crack, or damage
(including dents, elongation, scratches, or stepping).
(9) Where EASA AD 2021-0144 defines ``serviceable part,'' and
that definition specifies instructions that are ``approved under
Leonardo Design Organization Approval (DOA) or by EASA,'' for this
AD, the repair must be accomplished using a method approved by the
Manager, General Aviation and Rotorcraft Section, International
Validation Branch, FAA; or EASA; or Leonardo S.p.a.'s EASA DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.
(10) Where Note 2 and paragraph (7) of EASA AD 2021-0144 specify
instructions that are ``approved under Leonardo DOA or by EASA,''
for this AD, the repair must be accomplished using a method approved
by the Manager, General Aviation and Rotorcraft Section,
International Validation Branch, FAA; or EASA; or Leonardo S.p.a.'s
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
(11) Where the service information referenced in EASA AD 2021-
0144 specifies to contact the manufacturer for corrective action,
this AD requires the repair to be done in accordance with a method
approved by the Manager, General Aviation and Rotorcraft Section,
International Validation Branch, FAA; or EASA; or Leonardo S.p.a.'s
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
(12) Where the service information referenced in EASA AD 2021-
0144 specifies to discard a certain part, this AD requires removing
that part from service.
(i) Special Flight Permit
Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the helicopter to a location where the
actions of this AD can be performed, provided no passengers are
onboard.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, 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 manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k)(2) of
this AD. Information may be emailed to: [email protected].
(2) 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.
(k) Related Information
(1) For EASA AD 2021-0144, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email:
[email protected]; internet: www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu. You may
view this material at the 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. 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-2022-0024.
(2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; phone: (516) 228-7330; email: [email protected].
Issued on January 27, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-02073 Filed 2-2-22; 8:45 am]
BILLING CODE 4910-13-P
