Airworthiness Directives; Leonardo S.p.a. Helicopters

[Federal Register Volume 89, Number 194 (Monday, October 7, 2024)]
[Rules and Regulations]
[Pages 80995-80997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23066]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0997; Project Identifier MCAI-2022-01306-R; 
Amendment 39-22832; AD 2024-17-07]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Leonardo S.p.a. Model AB139 and AW139 helicopters. This AD was prompted 
by multiple reports of cracks found on tail rotor (TR) damper bracket 
assemblies. This AD requires accomplishing repetitive detailed visual 
inspections (DVIs) of certain part-numbered TR damper bracket 
assemblies for corrosion and cracks and, depending on the results, 
taking corrective action. This AD also prohibits installing an affected 
TR damper bracket assembly unless it is new. These actions are 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective November 12, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 12, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-0997; 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, the mandatory continuing airworthiness 
information (MCAI), 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 W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
    <bullet> For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone +49 221 8999 000; 
email: [email protected]; internet: easa.europa.eu. You may find the 
EASA material on the EASA website at ad.easa.europa.eu.
    <bullet> 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. The EASA material is also 
available at regulations.gov under Docket No. FAA-2024-0997.
    Other Related Material: For Leonardo Helicopters material, contact 
Leonardo S.p.A., Emanuele Bufano, Head of Airworthiness, Viale G. 
Agusta 520, 21017 C. Costa di Samarate (Va) Italy; phone: (+39) 0331-
225074; fax: (+39) 0331-229046; or at 
customerportal.leonardocompany.com/en-US/.

FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (781) 
238-7241; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to Leonardo S.p.a. Model 
AB139 and AW139 helicopters. The NPRM published in the Federal Register 
on April 10, 2024 (89 FR 25194). The NPRM was prompted by EASA AD 2022-
0154, dated August 1, 2022 (EASA AD 2022-0154; also referred to as the 
MCAI), issued by EASA, which is the Technical Agent for the Member 
States of the European Union. EASA AD 2022-0154 stated that during 
scheduled

[[Page 80996]]

inspections, some TR damper bracket assemblies were found cracked and 
that subsequent investigation revealed that the cracks originated from 
the outer edges of the TR damper bracket lug bores and were due to 
stress corrosion. That condition, if not detected and corrected, could 
lead to fracture of the affected part (TR damper bracket assembly), TR 
blade loss, unbalance or damage to the tail or other parts of the 
helicopter, possibly resulting in failure of the TR damper, and 
consequent loss of control of the helicopter. Therefore, EASA AD 2022-
0154 required repetitive DVIs of the affected part for cracks and 
corrosion, and, depending on findings, replacing the affected part with 
a serviceable part.
    After EASA AD 2022-0154 was issued, new occurrences were reported 
on additional serial-numbered and part-numbered TR damper bracket 
assemblies that were not included in the initial batch of affected 
parts and it was determined that additional TR damper bracket 
assemblies must also be inspected. Consequently, EASA issued EASA AD 
2022-0205, dated October 4, 2022 (EASA AD 2022-0205), to retain the 
requirements of EASA AD 2022-0154, which is superseded, expand the 
definition of ``affected part,'' and require the DVIs for all affected 
parts.
    In the NPRM, the FAA proposed to require accomplishing repetitive 
DVIs of certain part-numbered TR damper bracket assemblies for 
corrosion and cracks and, depending on the results, taking corrective 
action. In the NPRM, the FAA also proposed to prohibit installing an 
affected TR damper bracket assembly unless it is new. The FAA is 
issuing this AD to address the unsafe condition on these products.
    You may examine EASA AD 2022-0205 in the AD docket at 
regulations.gov under Docket No. FAA-2024-0997.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from one anonymous commenter. The 
commenter supported the NPRM without change.

Conclusion

    These products have been approved EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA of the 
unsafe condition described in the MCAI referenced above. The FAA 
reviewed the relevant data, considered the comment received, and 
determined that air safety requires adopting the AD as proposed. 
Accordingly, the FAA is issuing this AD to address the unsafe condition 
on these products. Except for minor editorial changes, this AD is 
adopted as proposed in the NPRM.

Related Material Under 1 CFR Part 51

    EASA AD 2022-0205 requires repetitive DVIs of the TR damper bracket 
assembly for cracks and corrosion. Depending on the results of these 
inspections, EASA AD 2022-0205 requires removing any corrosion, 
replacing any cracked part or a part which the corrosion cannot be 
removed with a serviceable part, and reporting any discrepancies to 
Leonardo. EASA AD 2022-0205 allows installing an affected part on any 
helicopter, provided it is a serviceable part, which is an affected 
part that is new. EASA AD 2022-0205 also allows installing any TR 
damper bracket assembly that is not an affected part as defined within.
    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 ADDRESSES section.

Other Related Material

    The FAA also reviewed Leonardo Helicopters Alert Service Bulletin 
No. 139-724, Revision B, dated September 29, 2022. This material 
specifies procedures for inspecting and if necessary, replacing certain 
part-numbered and serial-numbered TR damper bracket assemblies.

Differences Between This AD and EASA AD 2022-0205

    EASA AD 2022-0205 requires reporting certain information to 
Leonardo, whereas this AD does not.

Costs of Compliance

    The FAA estimates that this AD affects 126 helicopters of U.S. 
registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates the following costs to comply with 
this AD.
    A DVI of the TR damper bracket assembly takes approximately 1 work-
hour for an estimated cost of $85 per helicopter and up to $10,710 for 
the U.S. fleet, per inspection cycle.
    If required, removing corrosion from the TR damper bracket assembly 
takes approximately 1 work-hour for an estimated cost of $85 per 
helicopter.
    If required, removing a TR damper bracket assembly and replacing it 
with a serviceable part takes approximately 8 work-hours and parts cost 
approximately $4,540 for an estimated cost of $5,220 per TR damper 
bracket assembly.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators.

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

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:


[[Page 80997]]


    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:

2024-17-07 Leonardo S.p.a.: Amendment 39-22832; Docket No. FAA-2024-
0997; Project Identifier MCAI-2022-01306-R.

(a) Effective Date

    This airworthiness directive (AD) is effective November 12, 
2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB139 and AW139 
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 multiple reports of cracks found on tail 
rotor (TR) damper bracket assemblies. The FAA is issuing this AD to 
detect and address corrosion or cracks on the TR damper bracket 
assembly. The unsafe condition, if not addressed, could lead to 
fracture of the affected part (TR damper bracket assembly), TR blade 
loss, unbalance or damage to the tail or other parts of the 
helicopter, possibly resulting in failure of the TR damper, and 
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 paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2022-0205, dated October 4, 2022 (EASA AD 2022-0205).

(h) Exceptions to EASA AD 2022-0205

    (1) Where EASA AD 2022-0205 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2022-0205 refers to its effective date and 
August 15, 2022 (the effective date of EASA AD 2022-0154, dated 
August 1, 2022), this AD requires using the effective date of this 
AD.
    (3) Where paragraph (4) of EASA AD 2022-0205 states to ``replace 
the affected part with a serviceable part in accordance with the 
instructions of section 3 of the ASB;'' for this AD, replace that 
text with ``remove the affected part, as defined in EASA AD 2022-
0205, from service and replace it with a serviceable part, as 
defined in EASA AD 2022-0205, in accordance with the instructions of 
section 3 of the ASB.''
    (4) Where the material referenced in paragraph (4) of EASA AD 
2022-0205 specifies to perform detailed visual inspections (DVIs) 
and ``If no cracks are found, but suspected evidences of corrosion 
signs are found, gently polish the interested area,'' for the 
purposes of this AD, ``suspected signs of corrosion'' and 
``suspected evidences of corrosion signs'' are signs of 
discoloration, pitting, flaking, or rust stains.
    (5) Where the material referenced in paragraph (4) of EASA AD 
2022-0205 specifies to discard certain parts, this AD requires 
removing those parts from service.
    (6) This AD does not require compliance with paragraph (6) of 
EASA AD 2022-0205.
    (7) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0205.

(i) No Reporting Requirement

    Although the material referenced in EASA AD 2022-0205 specifies 
to reporting certain information to the manufacturer, this AD does 
not include that requirement.

(j) Credit for Previous Actions

    This paragraph provides credit for the initial instance of the 
detailed visual inspections (DVIs) required by paragraph (g) of this 
AD, for TR damper bracket assemblies identified in Table 1 of EASA 
AD 2022-0205, if those actions were performed before the effective 
date of this AD using Leonardo Helicopters Alert Service Bulletin 
No. 139-724, Revision A, dated September 19, 2022.

(k) 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 Sec.  39.19. In accordance with Sec.  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 (l)(1) of this AD. 
If sending information directly to the manager of the International 
Validation Branch, mail it to the address identified in paragraph 
(l)(1) of this AD or email to: [email protected]. If 
mailing information, also submit information by email.
    (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.

(l) Additional Information

    (1) For more information about this AD, contact Sungmo Cho, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (781) 238-7241; email: 
[email protected].
    (2) For Leonardo Helicopters material identified in this AD that 
is not incorporated by reference, contact Leonardo S.p.A., Emanuele 
Bufano, Head of Airworthiness, Viale G. Agusta 520, 21017 C. Costa 
di Samarate (Va) Italy; phone: (+39) 0331-225074; fax: (+39) 0331-
229046; or at customerportal.leonardocompany.com/en-US/.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the material listed in this paragraph 
under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0205, 
dated October 4, 2022.
    (ii) [Reserved]
    (3) For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: [email protected]; internet: easa.europa.eu. You may 
find the EASA material on the EASA website at ad.easa.europa.eu.
    (4) 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.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on August 22, 2024.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-23066 Filed 10-4-24; 8:45 am]
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