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Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / Rules and Regulations
Counsel, Southwest Region, 10101
Hillwood Pkwy., Room 6N321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call 8172225110.

The FAA is issuing this AD to address the failure of a bolt. This condition could result in reduced control of the helicopter. See the MCAI for additional background information.

Interim Action The FAA considers this AD to be an interim action. If final action is later identified, the FAA might consider further rulemaking then.

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. FAA2018
0309; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
The AD docket contains this final rule, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M
30, West Building Ground Floor, Room W12140, 1200 New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Scott Franke, Aviation Safety Engineer, General Aviation & Rotorcraft Section, International Validation Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone 8172225178; email scott.franke@faa.gov.
SUPPLEMENTARY INFORMATION:

Comments
Costs of Compliance The FAA estimates that this AD
affects 4 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 bolts before each flight takes about 0.25 work-hour, for an estimated cost of $21 per helicopter and $84 for the U.S. fleet per inspection cycle.
If required, installing a tail plane retromod would take about 12 workhours and parts would cost about $5,500, for an estimated cost of $6,520
per helicopter.
Inspecting and verifying the torque of the bolts and nuts takes about 1 workhour, for an estimated cost of $85 per helicopter and $340 for the U.S. fleet per inspection cycle.
If required, replacing a bolt and nut would take about 1 work-hour and parts would cost about $250, for an estimated cost of $335 per replacement.
According to Leonardos service information, 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.
Accordingly, the FAA has included all costs in its cost estimate.

Discussion The European Aviation Safety Agency now European Union Aviation Safety Agency EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA
Emergency AD 20180047E, dated February 28, 2018 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. Model AW189 helicopters. You may examine the MCAI in the AD
docket on the internet at https
www.regulations.gov by searching for and locating Docket No. FAA2018
0309.
The FAA issued a notice of proposed rulemaking NPRM to amend 14 CFR
part 39 by adding an AD that would apply to all Leonardo Model AW189
helicopters. The NPRM published in the Federal Register on December 15, 2020
85 FR 81160. The NPRM was prompted by two reported failures of the bolts. The NPRM proposed to require inspecting the bolts and depending on the results of those inspections, removing certain parts from service or installing a tail plane retromod. The NPRM also proposed to require torqueing certain part-numbered nuts, inspecting bolts and nuts for wear, and depending on the results of those inspections, removing parts from service.

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The FAA gave the public the opportunity to participate in developing this final rule. The FAA received no comments on the NPRM or on the determination of the cost to the public.
Conclusion The FAA reviewed the relevant data and determined that air safety and the public interest require adopting this final rule as proposed, except for minor editorial changes. The FAA has determined that these minor changes:
Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and Do not add any additional burden upon the public than was already proposed in the NPRM.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Leonardo Helicopters Emergency Alert Service Bulletin No. 189177, Revision A, dated February 28, 2018, which contains procedures for inspecting each bolt and installing the tail plane retromod. This service information also contains procedures for repetitively verifying the torque of the associated nut part number P/N MS178257 nut.
This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.
Other Related Service Information Leonardo Helicopters Service Bulletin No. 189130, dated January 30, 2017, contains additional information about the subject of this AD.
Differences Between This AD and the MCAI
The EASA AD requires repetitive torque checks at progressively increasing intervals, while this AD
requires the repetitive torque check at intervals not to exceed 50 hours time-inservice TIS. Since there is not enough field data at this time to substantiate progressively increasing the time between inspections up to 400 hours TIS, the FAA has determined an interval of 50 hours TIS is necessary. The FAA
may take further rulemaking action to increase this interval should more data become available.

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Authority for This Rulemaking Title 49 of the United States Code specifies the FAAs 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 Agencys 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
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