83_FR_43727 83 FR 43561 - Airworthiness Directives; Leonardo S.p.A. Helicopters

83 FR 43561 - Airworthiness Directives; Leonardo S.p.A. Helicopters

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 166 (August 27, 2018)

Page Range43561-43563
FR Document2018-18472

We propose to adopt a new airworthiness directive (AD) for Leonardo S.p.A. (Type Certificate Previously Held by Finmeccanica S.p.A., AgustaWestland S.p.A.) Model AW139 helicopters. This proposed AD would require inspecting and altering the number 1 driveshaft (driveshaft). This proposed AD is prompted by reports of scratches that were found on the driveshaft. The actions of this proposed AD are intended to prevent an unsafe condition on these products.

Federal Register, Volume 83 Issue 166 (Monday, August 27, 2018)
[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Proposed Rules]
[Pages 43561-43563]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18472]



[[Page 43561]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0737; Product Identifier 2017-SW-096-AD]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Leonardo S.p.A. (Type Certificate Previously Held by Finmeccanica 
S.p.A., AgustaWestland S.p.A.) Model AW139 helicopters. This proposed 
AD would require inspecting and altering the number 1 driveshaft 
(driveshaft). This proposed AD is prompted by reports of scratches that 
were found on the driveshaft. The actions of this proposed AD are 
intended to prevent an unsafe condition on these products.

DATES: We must receive comments on this proposed AD by October 26, 
2018.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0737; 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 proposed AD, the European Aviation Safety Agency (EASA) AD, the 
economic evaluation, any comments received, and other information. The 
street address for Docket Operations (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.
    For service information identified in this proposed rule, contact 
Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness, 
Viale G. Agusta 520, 21017 C. Costa di Samarate (Va) Italy; telephone 
+39-0331-711756; fax +39-0331-229046; or at http://www.leonardocompany.com/-/bulletins. You may review the referenced 
service information at the FAA, Office of the Regional Counsel, 
Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 
76177.

FOR FURTHER INFORMATION CONTACT: David Hatfield, Aviation Safety 
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    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 might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, 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 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 proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD No. 2017-0011, dated January 25, 
2017, to correct an unsafe condition for certain serial-numbered 
Leonardo S.p.A. (formerly Finmeccanica S.p.A, AgustaWestland S.p.A.) 
Model AW139 helicopters. EASA advises of several helicopters found with 
scratches on the driveshaft part-number (P/N) 3G6510A01132 and that an 
investigation determined only helicopters equipped with rear exhaust 
module assembly P/N 3G7810A00431 and tunnel assembly P/N 3G7130A13431 
are affected. According to EASA, the scratches resulted from 
insufficient clearance between the driveshaft and the rear exhaust 
module and tunnel assemblies. EASA further advises that if not 
corrected, these scratches could lead to a crack in the driveshaft, 
failure of the tail rotor drive system, and subsequent reduced control 
of the helicopter. To prevent this potential unsafe condition, the EASA 
AD requires repetitive inspections of the driveshaft for a crack until 
the exhaust module and tunnel assembly are modified to increase the 
clearance.

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 its AD. We are 
proposing this AD because we evaluated all known relevant information 
and determined that an unsafe condition is likely to exist or develop 
on other products of the same type design.

Related Service Information Under 1 CFR Part 51

    We reviewed Leonardo Helicopters Bollettino Tecnico No. 139-465, 
Revision A, dated January 25, 2017, which contains procedures for 
visual and eddy-current inspections of the driveshaft. This service 
information also contains procedures for modifying the exhaust module 
and tunnel assemblies.
    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.

Proposed AD Requirements

    This proposed AD would require, within 30 hours time-in-service 
(TIS) and thereafter at intervals not exceeding 100 hours TIS, 
inspecting the driveshaft tube P/N 3G6510A00832 for a scratch and 
indentation. If there is a scratch or indentation, the proposed AD 
would require, before further flight, repairing the driveshaft tube and 
performing a depth check of the repaired area. If the repaired area 
depth is more than 0.2 mm, the proposed AD would require replacing the 
driveshaft tube and altering the rear exhaust module and tunnel 
assembly before further flight. If the depth of the repaired area of 
the tube is 0.2 mm or less, the proposed AD would require, before 
further flight, performing an eddy current inspection of the tube for a 
crack. If there is a crack,

[[Page 43562]]

the proposed AD would require replacing the driveshaft tube and 
altering the rear exhaust module and tunnel assembly before further 
flight.
    This proposed AD would also require, within 300 hours TIS, altering 
the rear exhaust module and tunnel assembly, if not previously done as 
a result of the inspections. Because this proposed AD would also 
require re-identifying the tunnel assembly part number after it is 
altered, this would be terminating action for the repetitive 
inspections.

Costs of Compliance

    We estimate that this proposed AD would affect 55 helicopters of 
U.S. Registry.
    We estimate that operators may incur the following costs in order 
to comply with this AD, based on an average labor rate of $85 per work-
hour. Inspecting, repairing, and eddy-current inspecting the driveshaft 
tube would require about 6 work-hours, and required parts cost would be 
minimal, for a cost of $510 per helicopter and $28,050 for the U.S. 
fleet per inspection cycle. Altering the rear exhaust module and tunnel 
assembly would require about 20 work-hours, and required parts would 
cost $1,500, for a cost of $3,200 per helicopter and $176,000 for the 
U.S. fleet.
    If required, replacing a driveshaft tube would require 1 work-hour, 
and required parts would cost $6,500, for a cost per helicopter of 
$6,585.
    According to Leonardo Helicopter's service information some of the 
costs of this proposed AD may be covered under warranty, thereby 
reducing the cost impact on affected individuals. We do not control 
warranty coverage by Leonardo Helicopters. Accordingly, we have 
included all costs in our 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.
    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 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, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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 proposed 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.

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 adding the following new airworthiness 
directive (AD):

Leonardo S.p.A. (Type Certificate Previously Held by Finmeccanica 
S.p.A, AgustaWestland S.p.A.): Docket No. FAA-2018-0737; Product 
Identifier 2017-SW-096-AD.

(a) Applicability

    This AD applies to Model AW139 helicopters, serial numbers 
31499, 31504, 31507, 31509, 31512, 31518, 31519, 31524, 31529, 
31533, 31535 through 31564, 31567, 31569, 31570, 31589, 41363, 41368 
through 41370, 41372 through 41375, 41378, 41381, and 41384, with a 
tunnel assembly part number 3G7130A13431 installed, certificated in 
any category.

 (b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a tail rotor 
driveshaft, which could result in failure of the tail rotor drive 
system and subsequent loss of control of the helicopter.

 (c) Comments Due Date

    We must receive comments by October 26, 2018.

 (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 30 hours time-in-service (TIS) and thereafter at 
intervals not to exceed 100 hours TIS, inspect the number 1 
driveshaft tube shaft, P/N 3G6510A00832, for a scratch and 
indentation in the area depicted in Figure 1 of Leonardo Helicopters 
Bollettino Tecnico No. 139-465, Revision A, dated January 25, 2017 
(BT 139-465). If there is a scratch or indentation, before further 
flight:
    (i) Repair the tube shaft in accordance with the Compliance 
Instructions, Part I, paragraphs 7.1 through 7.3, of BT 139-465.
    (ii) Measure the depth of the repaired areas as depicted in 
Figure 2 of BT 139-465.
    (A) If the depth of the reworked area is 0.2 mm (0.079 inch) or 
less, eddy-current inspect the driveshaft for a crack as described 
in the Compliance Instructions, Annex A, of BT 139-465. If there is 
a crack, before further flight, replace the driveshaft, alter the 
rear exhaust module, and alter and re-identify the tunnel assembly 
in accordance with the Compliance Instructions, Part II, paragraphs 
7 through 12, of BT 139-465.
    (B) If the depth of the reworked area is more than 0.2 mm (0.079 
inch), before further flight, replace the driveshaft, alter the rear 
exhaust module, and alter and re-identify the tunnel assembly in 
accordance with the Compliance Instructions, Part II, paragraphs 7 
through 12, of BT 139-465.
    (2) Within 300 hours TIS, unless already accomplished as 
required by paragraph (e)(1)(ii) of this AD, alter the rear exhaust 
module and alter and re-identify the tunnel assembly in accordance 
with the Compliance Instructions, Part II, paragraphs 7 through 12, 
of BT 139-465.

 (f) Special Flight Permits

    Special flight permits are prohibited.

 (g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards 
Branch, FAA, may approve AMOCs for this AD. Send your proposal to: 
David Hatfield, Aviation Safety Engineer, Safety Management Section, 
Rotorcraft Standards 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, we suggest that

[[Page 43563]]

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

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD No. 2017-0011, dated January 25, 2017. You may view 
the EASA AD on the internet at http://www.regulations.gov in the AD 
Docket.

 (i) Subject

    Joint Aircraft Service Component (JASC) Code: 6510 Tail Rotor 
Driveshaft.


    Issued in Fort Worth, Texas, on August 10, 2018.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2018-18472 Filed 8-24-18; 8:45 am]
 BILLING CODE 4910-13-P



                                                                       Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Proposed Rules                                              43561

                                                DEPARTMENT OF TRANSPORTATION                            S.p.A. Helicopters, Matteo Ragazzi,                   and tunnel assembly P/N
                                                                                                        Head of Airworthiness, Viale G. Agusta                3G7130A13431 are affected. According
                                                Federal Aviation Administration                         520, 21017 C. Costa di Samarate (Va)                  to EASA, the scratches resulted from
                                                                                                        Italy; telephone +39–0331–711756; fax                 insufficient clearance between the
                                                14 CFR Part 39                                          +39–0331–229046; or at http://                        driveshaft and the rear exhaust module
                                                [Docket No. FAA–2018–0737; Product                      www.leonardocompany.com/-/bulletins.                  and tunnel assemblies. EASA further
                                                Identifier 2017–SW–096–AD]                              You may review the referenced service                 advises that if not corrected, these
                                                                                                        information at the FAA, Office of the                 scratches could lead to a crack in the
                                                RIN 2120–AA64                                           Regional Counsel, Southwest Region,                   driveshaft, failure of the tail rotor drive
                                                                                                        10101 Hillwood Pkwy, Room 6N–321,                     system, and subsequent reduced control
                                                Airworthiness Directives; Leonardo
                                                                                                        Fort Worth, TX 76177.                                 of the helicopter. To prevent this
                                                S.p.A. Helicopters
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      potential unsafe condition, the EASA
                                                AGENCY: Federal Aviation                                David Hatfield, Aviation Safety                       AD requires repetitive inspections of the
                                                Administration (FAA), DOT.                              Engineer, Safety Management Section,                  driveshaft for a crack until the exhaust
                                                ACTION: Notice of proposed rulemaking                   Rotorcraft Standards Branch, FAA,                     module and tunnel assembly are
                                                (NPRM).                                                 10101 Hillwood Pkwy., Fort Worth, TX                  modified to increase the clearance.
                                                SUMMARY: We propose to adopt a new
                                                                                                        76177; telephone (817) 222–5110; email                FAA’s Determination
                                                airworthiness directive (AD) for                        david.hatfield@faa.gov.
                                                                                                                                                                These helicopters have been approved
                                                Leonardo S.p.A. (Type Certificate                       SUPPLEMENTARY INFORMATION:                            by the aviation authority of Italy and are
                                                Previously Held by Finmeccanica                         Comments Invited                                      approved for operation in the United
                                                S.p.A., AgustaWestland S.p.A.) Model                                                                          States. Pursuant to our bilateral
                                                AW139 helicopters. This proposed AD                        We invite you to participate in this               agreement with Italy, EASA, its
                                                would require inspecting and altering                   rulemaking by submitting written                      technical representative, has notified us
                                                the number 1 driveshaft (driveshaft).                   comments, data, or views. We also                     of the unsafe condition described in its
                                                This proposed AD is prompted by                         invite comments relating to the                       AD. We are proposing this AD because
                                                reports of scratches that were found on                 economic, environmental, energy, or                   we evaluated all known relevant
                                                the driveshaft. The actions of this                     federalism impacts that might result                  information and determined that an
                                                proposed AD are intended to prevent an                  from adopting the proposals in this                   unsafe condition is likely to exist or
                                                unsafe condition on these products.                     document. The most helpful comments                   develop on other products of the same
                                                DATES: We must receive comments on
                                                                                                        reference a specific portion of the                   type design.
                                                this proposed AD by October 26, 2018.                   proposal, explain the reason for any
                                                                                                        recommended change, and include                       Related Service Information Under
                                                ADDRESSES: You may send comments by                                                                           1 CFR Part 51
                                                                                                        supporting data. To ensure the docket
                                                any of the following methods:
                                                  • Federal eRulemaking Docket: Go to                   does not contain duplicate comments,                    We reviewed Leonardo Helicopters
                                                http://www.regulations.gov. Follow the                  commenters should send only one copy                  Bollettino Tecnico No. 139–465,
                                                online instructions for sending your                    of written comments, or if comments are               Revision A, dated January 25, 2017,
                                                comments electronically.                                filed electronically, commenters should               which contains procedures for visual
                                                  • Fax: 202–493–2251.                                  submit only one time.                                 and eddy-current inspections of the
                                                  • Mail: Send comments to the U.S.                        We will file in the docket all                     driveshaft. This service information also
                                                Department of Transportation, Docket                    comments that we receive, as well as a                contains procedures for modifying the
                                                Operations, M–30, West Building                         report summarizing each substantive                   exhaust module and tunnel assemblies.
                                                Ground Floor, Room W12–140, 1200                        public contact with FAA personnel                       This service information is reasonably
                                                New Jersey Avenue SE, Washington, DC                    concerning this proposed rulemaking.                  available because the interested parties
                                                20590–0001.                                             Before acting on this proposal, we will               have access to it through their normal
                                                  • Hand Delivery: Deliver to the                       consider all comments we receive on or                course of business or by the means
                                                ‘‘Mail’’ address between 9 a.m. and 5                   before the closing date for comments.                 identified in the ADDRESSES section.
                                                p.m., Monday through Friday, except                     We will consider comments filed after
                                                                                                        the comment period has closed if it is                Proposed AD Requirements
                                                Federal holidays.
                                                                                                        possible to do so without incurring                      This proposed AD would require,
                                                Examining the AD Docket                                 expense or delay. We may change this                  within 30 hours time-in-service (TIS)
                                                  You may examine the AD docket on                      proposal in light of the comments we                  and thereafter at intervals not exceeding
                                                the internet at http://                                 receive.                                              100 hours TIS, inspecting the driveshaft
                                                www.regulations.gov by searching for                                                                          tube P/N 3G6510A00832 for a scratch
                                                                                                        Discussion                                            and indentation. If there is a scratch or
                                                and locating Docket No. FAA–2018–
                                                0737; or in person at Docket Operations                   EASA, which is the Technical Agent                  indentation, the proposed AD would
                                                between 9 a.m. and 5 p.m., Monday                       for the Member States of the European                 require, before further flight, repairing
                                                through Friday, except Federal holidays.                Union, has issued EASA AD No. 2017–                   the driveshaft tube and performing a
                                                The AD docket contains this proposed                    0011, dated January 25, 2017, to correct              depth check of the repaired area. If the
                                                AD, the European Aviation Safety                        an unsafe condition for certain serial-               repaired area depth is more than 0.2
                                                Agency (EASA) AD, the economic                          numbered Leonardo S.p.A. (formerly                    mm, the proposed AD would require
amozie on DSK3GDR082PROD with PROPOSALS1




                                                evaluation, any comments received, and                  Finmeccanica S.p.A, AgustaWestland                    replacing the driveshaft tube and
                                                other information. The street address for               S.p.A.) Model AW139 helicopters.                      altering the rear exhaust module and
                                                Docket Operations (telephone 800–647–                   EASA advises of several helicopters                   tunnel assembly before further flight. If
                                                5527) is in the ADDRESSES section.                      found with scratches on the driveshaft                the depth of the repaired area of the
                                                Comments will be available in the AD                    part-number (P/N) 3G6510A01132 and                    tube is 0.2 mm or less, the proposed AD
                                                docket shortly after receipt.                           that an investigation determined only                 would require, before further flight,
                                                  For service information identified in                 helicopters equipped with rear exhaust                performing an eddy current inspection
                                                this proposed rule, contact Leonardo                    module assembly P/N 3G7810A00431                      of the tube for a crack. If there is a crack,


                                           VerDate Sep<11>2014   17:27 Aug 24, 2018   Jkt 244001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\27AUP1.SGM   27AUP1


                                                43562                  Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Proposed Rules

                                                the proposed AD would require                           products identified in this rulemaking                number 3G7130A13431 installed, certificated
                                                replacing the driveshaft tube and                       action.                                               in any category.
                                                altering the rear exhaust module and                                                                          (b) Unsafe Condition
                                                                                                        Regulatory Findings
                                                tunnel assembly before further flight.                                                                          This AD defines the unsafe condition as a
                                                   This proposed AD would also require,                   We determined that this proposed AD                 crack in a tail rotor driveshaft, which could
                                                within 300 hours TIS, altering the rear                 would not have federalism implications                result in failure of the tail rotor drive system
                                                exhaust module and tunnel assembly, if                  under Executive Order 13132. This                     and subsequent loss of control of the
                                                not previously done as a result of the                  proposed AD would not have a                          helicopter.
                                                inspections. Because this proposed AD                   substantial direct effect on the States, on           (c) Comments Due Date
                                                would also require re-identifying the                   the relationship between the national
                                                                                                        Government and the States, or on the                     We must receive comments by October 26,
                                                tunnel assembly part number after it is
                                                                                                                                                              2018.
                                                altered, this would be terminating                      distribution of power and
                                                action for the repetitive inspections.                  responsibilities among the various                    (d) Compliance
                                                                                                        levels of government.                                   You are responsible for performing each
                                                Costs of Compliance
                                                                                                          For the reasons discussed, I certify                action required by this AD within the
                                                  We estimate that this proposed AD                     this proposed regulation:                             specified compliance time unless it has
                                                would affect 55 helicopters of U.S.                       1. Is not a ‘‘significant regulatory                already been accomplished prior to that time.
                                                Registry.                                               action’’ under Executive Order 12866;                 (e) Required Actions
                                                  We estimate that operators may incur                    2. Is not a ‘‘significant rule’’ under the             (1) Within 30 hours time-in-service (TIS)
                                                the following costs in order to comply                  DOT Regulatory Policies and Procedures                and thereafter at intervals not to exceed 100
                                                with this AD, based on an average labor                 (44 FR 11034, February 26, 1979);                     hours TIS, inspect the number 1 driveshaft
                                                rate of $85 per work-hour. Inspecting,                    3. Will not affect intrastate aviation in           tube shaft, P/N 3G6510A00832, for a scratch
                                                repairing, and eddy-current inspecting                  Alaska to the extent that it justifies                and indentation in the area depicted in
                                                the driveshaft tube would require about                 making a regulatory distinction; and                  Figure 1 of Leonardo Helicopters Bollettino
                                                6 work-hours, and required parts cost                     4. Will not have a significant                      Tecnico No. 139–465, Revision A, dated
                                                would be minimal, for a cost of $510 per                economic impact, positive or negative,                January 25, 2017 (BT 139–465). If there is a
                                                helicopter and $28,050 for the U.S. fleet                                                                     scratch or indentation, before further flight:
                                                                                                        on a substantial number of small entities                (i) Repair the tube shaft in accordance with
                                                per inspection cycle. Altering the rear                 under the criteria of the Regulatory                  the Compliance Instructions, Part I,
                                                exhaust module and tunnel assembly                      Flexibility Act.                                      paragraphs 7.1 through 7.3, of BT 139–465.
                                                would require about 20 work-hours, and                    We prepared an economic evaluation                     (ii) Measure the depth of the repaired areas
                                                required parts would cost $1,500, for a                 of the estimated costs to comply with                 as depicted in Figure 2 of BT 139–465.
                                                cost of $3,200 per helicopter and                       this proposed AD and placed it in the                    (A) If the depth of the reworked area is 0.2
                                                $176,000 for the U.S. fleet.                            AD docket.                                            mm (0.079 inch) or less, eddy-current inspect
                                                  If required, replacing a driveshaft tube                                                                    the driveshaft for a crack as described in the
                                                would require 1 work-hour, and                          List of Subjects in 14 CFR Part 39                    Compliance Instructions, Annex A, of BT
                                                required parts would cost $6,500, for a                                                                       139–465. If there is a crack, before further
                                                                                                          Air transportation, Aircraft, Aviation              flight, replace the driveshaft, alter the rear
                                                cost per helicopter of $6,585.                          safety, Incorporation by reference,                   exhaust module, and alter and re-identify the
                                                  According to Leonardo Helicopter’s                    Safety.                                               tunnel assembly in accordance with the
                                                service information some of the costs of                                                                      Compliance Instructions, Part II, paragraphs
                                                this proposed AD may be covered under                   The Proposed Amendment
                                                                                                                                                              7 through 12, of BT 139–465.
                                                warranty, thereby reducing the cost                       Accordingly, under the authority                       (B) If the depth of the reworked area is
                                                impact on affected individuals. We do                   delegated to me by the Administrator,                 more than 0.2 mm (0.079 inch), before further
                                                not control warranty coverage by                        the FAA proposes to amend 14 CFR part                 flight, replace the driveshaft, alter the rear
                                                Leonardo Helicopters. Accordingly, we                   39 as follows:                                        exhaust module, and alter and re-identify the
                                                have included all costs in our cost                                                                           tunnel assembly in accordance with the
                                                                                                        PART 39—AIRWORTHINESS                                 Compliance Instructions, Part II, paragraphs
                                                estimate.
                                                                                                                                                              7 through 12, of BT 139–465.
                                                                                                        DIRECTIVES                                               (2) Within 300 hours TIS, unless already
                                                Authority for This Rulemaking
                                                                                                                                                              accomplished as required by paragraph
                                                   Title 49 of the United States Code                   ■ 1. The authority citation for part 39               (e)(1)(ii) of this AD, alter the rear exhaust
                                                specifies the FAA’s authority to issue                  continues to read as follows:                         module and alter and re-identify the tunnel
                                                rules on aviation safety. Subtitle I,                       Authority: 49 U.S.C. 106(g), 40113, 44701.        assembly in accordance with the Compliance
                                                section 106, describes the authority of                                                                       Instructions, Part II, paragraphs 7 through 12,
                                                the FAA Administrator. ‘‘Subtitle VII:                  § 39.13   [Amended]                                   of BT 139–465.
                                                Aviation Programs,’’ describes in more                  ■ 2. The FAA amends § 39.13 by adding                 (f) Special Flight Permits
                                                detail the scope of the Agency’s                        the following new airworthiness
                                                                                                                                                                 Special flight permits are prohibited.
                                                authority.                                              directive (AD):
                                                   We are issuing this rulemaking under                 Leonardo S.p.A. (Type Certificate Previously
                                                                                                                                                              (g) Alternative Methods of Compliance
                                                the authority described in ‘‘Subtitle VII,                                                                    (AMOCs)
                                                                                                            Held by Finmeccanica S.p.A,
                                                Part A, Subpart III, Section 44701:                         AgustaWestland S.p.A.): Docket No.                   (1) The Manager, Safety Management
                                                General requirements.’’ Under that                          FAA–2018–0737; Product Identifier                 Section, Rotorcraft Standards Branch, FAA,
                                                section, Congress charges the FAA with                      2017–SW–096–AD.                                   may approve AMOCs for this AD. Send your
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                                                promoting safe flight of civil aircraft in                                                                    proposal to: David Hatfield, Aviation Safety
                                                                                                        (a) Applicability                                     Engineer, Safety Management Section,
                                                air commerce by prescribing regulations
                                                for practices, methods, and procedures                    This AD applies to Model AW139                      Rotorcraft Standards Branch, FAA, 10101
                                                                                                        helicopters, serial numbers 31499, 31504,             Hillwood Pkwy., Fort Worth, TX 76177;
                                                the Administrator finds necessary for                   31507, 31509, 31512, 31518, 31519, 31524,             telephone (817) 222–5110; email 9-ASW-
                                                safety in air commerce. This regulation                 31529, 31533, 31535 through 31564, 31567,             FTW-AMOC-Requests@faa.gov.
                                                is within the scope of that authority                   31569, 31570, 31589, 41363, 41368 through                (2) For operations conducted under a 14
                                                because it addresses an unsafe condition                41370, 41372 through 41375, 41378, 41381,             CFR part 119 operating certificate or under
                                                that is likely to exist or develop on                   and 41384, with a tunnel assembly part                14 CFR part 91, subpart K, we suggest that



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                                                                       Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Proposed Rules                                           43563

                                                you notify your principal inspector, or                 Submissions may be hand-delivered                     December 31, 2017, and before January
                                                lacking a principal inspector, the manager of           Monday through Friday between the                     1, 2026.
                                                the local flight standards district office or           hours of 8:00 a.m. and 4:00 p.m. to
                                                certificate holding district office before                                                                    I. The Charitable Contribution
                                                                                                        CC:PA:LPD:PR (REG–112176–18),
                                                operating any aircraft complying with this                                                                    Deduction
                                                AD through an AMOC.
                                                                                                        Courier’s Desk, 1111 Constitution
                                                                                                        Avenue NW, Washington, DC 20224, or                      In 1986, the Supreme Court
                                                (h) Additional Information                              sent electronically, via the Federal                  interpreted the phrase ‘‘charitable
                                                  The subject of this AD is addressed in                eRulemaking Portal at                                 contribution’’ in section 170. See United
                                                European Aviation Safety Agency (EASA) AD               www.regulations.gov (indicate IRS and                 States v. American Bar Endowment, 477
                                                No. 2017–0011, dated January 25, 2017. You              REG–112176–18). The public hearing                    U.S. 105, 116–118 (1986). The Court
                                                may view the EASA AD on the internet at                 will be held in the IRS Auditorium,                   held that the ‘‘sine qua non of a
                                                http://www.regulations.gov in the AD Docket.            Internal Revenue Building, 1111                       charitable contribution is a transfer of
                                                (i) Subject                                             Constitution Avenue NW, Washington,                   money or property without adequate
                                                                                                        DC 20224.                                             consideration’’—that is, without the
                                                   Joint Aircraft Service Component (JASC)
                                                Code: 6510 Tail Rotor Driveshaft.
                                                                                                                                                              expectation of a quid pro quo. Id. at 118.
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      A ‘‘payment of money generally cannot
                                                  Issued in Fort Worth, Texas, on August 10,            Concerning the proposed regulations,                  constitute a charitable contribution if
                                                2018.                                                   Merrill D. Feldstein and Mon Lam at                   the contributor expects a substantial
                                                Lance T. Gant,                                          (202) 317–4059; concerning submission                 benefit in return.’’ Id. at 116. The Court
                                                                                                        of comments and requests for a public                 recognized that some payments may
                                                Director, Compliance & Airworthiness
                                                Division, Aircraft Certification Service.               hearing, Regina Johnson at (202) 317–                 have a ‘‘dual character’’—part charitable
                                                                                                        6901 (not toll-free numbers).                         contribution and part quid pro quo—
                                                [FR Doc. 2018–18472 Filed 8–24–18; 8:45 am]
                                                BILLING CODE 4910–13–P                                  SUPPLEMENTARY INFORMATION:                            whereby the taxpayer receives some
                                                                                                                                                              ‘‘nominal benefit’’ of lesser value than
                                                                                                        Background                                            the payment. Id. at 117. In such cases,
                                                                                                           Section 170(a)(1) generally allows an              the Court reasoned, ‘‘it would not serve
                                                DEPARTMENT OF THE TREASURY
                                                                                                        itemized deduction for any ‘‘charitable               the purposes of § 170 to deny a
                                                Internal Revenue Service                                contribution’’ paid within the taxable                deduction altogether.’’ Id. Instead, the
                                                                                                        year. Section 170(c) defines ‘‘charitable             Court held, the charitable contribution
                                                26 CFR Part 1                                           contribution’’ as a ‘‘contribution or gift            deduction is allowed, but only to the
                                                                                                                                                              extent the amount donated or the fair
                                                [REG–112176–18]                                         to or for the use of’’ any entity listed in
                                                                                                                                                              market value of the property transferred
                                                                                                        that subsection. Section 170(c)(1)
                                                RIN 1545–BO89                                                                                                 by the taxpayer exceeds the fair market
                                                                                                        includes a contribution or gift to or for
                                                                                                                                                              value of the benefit received in return,
                                                                                                        the use of a State, a possession of the
                                                Contributions in Exchange for State or                                                                        and only if the excess amount was
                                                                                                        United States, or any political
                                                Local Tax Credits                                                                                             transferred with the intent of making a
                                                                                                        subdivision of the foregoing, but only if
                                                                                                                                                              gift. Id.
                                                AGENCY:  Internal Revenue Service (IRS),                the contribution or gift is made                         For the benefit received in return to
                                                Treasury.                                               exclusively for public purposes. Section              reduce the allowable charitable
                                                ACTION: Notice of proposed rulemaking                   170(c)(2) includes, in general, a                     contribution deduction under section
                                                and notification of public hearing.                     contribution or gift to or for the use of             170, the benefits received, or expected
                                                                                                        certain corporations, trusts, or                      to be received, by a donor need only be
                                                SUMMARY: This document contains                         community chests, funds, or                           greater than those benefits that inure to
                                                proposed amendments to regulations                      foundations, organized and operated                   the general public from transfers for
                                                under section 170 of the Internal                       exclusively for religious, charitable,                charitable purposes. See, e.g., Singer Co.
                                                Revenue Code (Code). The proposed                       scientific, literary, or educational                  v. United States, 449 F.2d 413, 422–423
                                                amendments provide rules governing                      purposes, or to foster national or                    (Ct. Cl. 1971); American Bar
                                                the availability of charitable                          international amateur sports                          Endowment, 477 U.S. at 116–17 (citing
                                                contribution deductions under section                   competition, or for the prevention of                 Singer); Hernandez v. Commissioner,
                                                170 when a taxpayer receives or expects                 cruelty to children or animals.                       490 U.S. 680 (1989). In addition, the
                                                to receive a corresponding state or local                  Section 164 generally allows an                    benefits received need not come directly
                                                tax credit. This document also proposes                 itemized deduction for the payment of                 from the donee to reduce the allowable
                                                amendments to the regulations under                     certain taxes, including state and local,             deduction, nor do they need to be
                                                section 642(c) to apply similar rules to                and foreign, real property taxes; state               specifically quantifiable at the time of
                                                payments made by a trust or decedent’s                  and local personal property taxes; and                transfer. See, e.g., Singer, 449 F.2d at
                                                estate. This document provides                          state and local, and foreign, income, war             422. The Treasury Department and the
                                                notification of a public hearing on these               profits, and excess profits taxes. Section            IRS have incorporated many of these
                                                proposed regulations.                                   164(b)(6), as added by section 11042 of               principles into regulations under
                                                DATES: Written and electronic comments                  ‘‘An Act to provide for reconciliation                section 170. Section 1.170A–1(h)(1) of
                                                must be received by October 11, 2018.                   pursuant to titles II and V of the                    the Income Tax Regulations provides,
                                                Requests to speak and outlines of topics                concurrent resolution on the budget for               for example, that no part of a payment
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                                                to be discussed at the public hearing                   fiscal year 2018’’ (the Act), Public Law              that a taxpayer makes to or for the use
                                                scheduled for November 5, 2018, must                    115–97, limits an individual’s                        of an organization described in section
                                                be received by October 11, 2018.                        deduction for the aggregate amount of                 170(c) that is in consideration for (as
                                                ADDRESSES: Send submissions to                          state and local taxes paid during the                 defined in § 1.170A–13(f)(6)) goods or
                                                Internal Revenue Service,                               calendar year to $10,000 ($5,000 in the               services (as defined in § 1.170A–
                                                CC:PA:LPD:PR (REG–112176–18), Room                      case of a married individual filing a                 13(f)(5)) is a contribution or gift within
                                                5203, P.O. Box 7604, Ben Franklin                       separate return). This new limitation                 the meaning of section 170(c) unless the
                                                Station, Washington, DC 20044.                          applies to taxable years beginning after              taxpayer (i) intends to make a payment


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Document Created: 2018-08-25 01:49:41
Document Modified: 2018-08-25 01:49:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM).
DatesWe must receive comments on this proposed AD by October 26, 2018.
ContactDavid Hatfield, Aviation Safety Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected]
FR Citation83 FR 43561 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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