Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments prior to it becoming effective. However, we invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that resulted from adopting this AD. 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. We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this rulemaking duringthe comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments.
Discussion
EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA Emergency AD No. 2017-0046-E, dated March 10, 2017, to correct an unsafe condition for Leonardo (previously Finmeccanica S.p.A, AgustaWestland S.p.A.) Model A109E, A109LUH, A109S, and
[[Page 38015]]
AW109SP helicopters. EASA advises that during inspections of two AW109SP helicopters, degraded bearings, part number (P/N) 109G6320L01- 101, were discovered on the engine and transmission oil cooling system pulley assembly, P/N 109G6320A26-101. EASA further states that because of this condition, both fan assemblies could cease to function, resulting in engine power loss, transmission failure, and loss of control of the helicopter. To correct this unsafe condition, the EASA AD requires a one-time inspection of each pulley assembly bearing and replacing each fan assembly.
FAA's Determination
These helicopters have been approved by the aviation authority of Italy and are approved for operation in the United States. Pursuant to our bilateral agreement with Italy, EASA, its technical representative, has notified us of the unsafe condition described in the EASA AD. We are issuing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs.
Related Service Information
We reviewed Leonardo Helicopters Emergency Alert Service Bulletin (EASB) No. 109-EP-153 for Model A109E helicopters, EASB No. 109S-075 for Model A109S helicopters, and EASB No. 109SP-112 for Model AW109SP helicopters, all dated March 8, 2017. This service information contains procedures for inspecting each pulley assembly bearing P/N 109G6320L01- 101 for grease shield damage or leaking grease and axial and radial play, and freedom of rotation of the bearing. This service information also provides procedures for replacing each fan assembly P/N 109-0455- 01-103 with a fan assembly P/N 109-0455-01-101.
AD Requirements
This AD requires, within 5 hours time-in-service (TIS), inspecting with a borescope each bearing P/N 109G6320L01-101 grease shield for a crack, position of the grease shield, and leaking grease. If there is a crack or leaking grease or if the grease shield is out of position, this AD requires replacing each fan assembly with fan assembly P/N 109- 0455-01-101 before further flight.
This AD also requires inspecting each bearing for axial and radial play and freedom of rotation. If there is any axial or radial play, rotation resistance, or binding, this AD requires replacing each fan assembly with fan assembly P/N 109-0455-01-101 before further flight. If there is no play, no rotation resistance, and no binding, this AD requires replacing each fan assembly with fan assembly P/N 109-0455-01- 101 within 20 hours TIS.
Finally, this AD prohibits installing fan assembly P/N 109-0455-01- 103 on any helicopter.
Differences Between This AD and the EASA AD
The EASA AD applies to Model A109LUH helicopters; this AD does not as this model is a military model and does not have an FAA type certificate.
Costs of Compliance
We estimate that this AD affects 127 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD.
At an average labor rate of $85 per work-hour, inspecting the bearings will require 1 hour, for a cost per helicopter of $85. Replacing both fan assemblies will require 8 hours and $44,800 for parts. Based on these figures, we estimate a total cost of $45,565 per helicopter and $5,786,755 for the U.S. fleet to comply with this AD.
According to the Leonardo service information, some of the costs of this AD may be covered under warranty, thereby reducing the cost impacton affected individuals. We do not control warranty coverage by Leonardo. Accordingly, we have included all costs in our cost estimate.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because the previously described unsafe condition can adversely affect the controllability of the helicopter and the initial required corrective action must be accomplished within 5 hours TIS. Therefore, we find good cause that notice and opportunity for prior public comment are impracticable.
In addition, for the reason stated above, we find that good cause exists for making this amendment effective in less than 30 days.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA'sauthority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ``Subtitle VII: Aviation Programs,'' describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in ``Subtitle VII, Part A, Subpart III, Section 44701: General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.
Regulatory Findings
We determined that 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, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order 12866;
2. Is not a ``significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and
4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.