[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Rules and Regulations]
[Pages 70972-70975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26973]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0283; Project Identifier 2018-SW-045-AD; Amendment 
39-21821; AD 2021-23-22]
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 
certain Leonardo S.p.a. Model AB139 and AW139 helicopters. This AD was 
prompted by reports of failed main rotor (MR) dampers. This AD requires 
various inspections of certain MR dampers, as specified in a European 
Aviation Safety Agency (now 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 January 18, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 18, 
2022.

ADDRESSES: For EASA material incorporated by reference (IBR) in this 
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email [email protected]; internet 
www.easa.europa.eu. You may find the EASA material on the EASA website 
at https://ad.easa.europa.eu. For Leonardo Helicopters service 
information identified in this final rule, contact Leonardo S.p.A. 
Helicopters, Emanuele Bufano, Head of Airworthiness, Viale G.Agusta 
520, 21017 C.Costa di Samarate (Va) Italy; telephone +39-0331-225074; 
fax +39-0331-229046; or at https://customerportal.leonardo company.com/en-US/. 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. Service information that is 
incorporated by reference is also available in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0283.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0283; 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 
EASA AD, 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.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, AD Program Manager, 
General Aviation & Rotorcraft Unit, Airworthiness Products Section, 
Operational Safety Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone (817) 222-5110; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0112R1, dated June 4, 2018 
(EASA AD 2018-0112R1), which is the most recent of a series of ADs 
issued by EASA, to correct an unsafe condition for certain Leonardo 
S.p.A. Helicopters (formerly Finmeccanica S.p.A., Helicopter Division 
(FHD), AgustaWestland S.p.A., Agusta S.p.A.), AgustaWestland 
Philadelphia Corporation (formerly Agusta Aerospace Corporation) Model 
AB139 and AW139 helicopters.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain serial-numbered 
Leonardo S.p.A. Model AB139 and AW139 helicopters with an MR damper 
part number (P/N) 3G6220V01351, 3G6220V01352, or 3G6220V01353 
installed. The NPRM published in the Federal Register on March 31, 2020 
(85 FR 17788). The NPRM was prompted by reports of failed MR dampers. 
The NPRM proposed to require, for an affected helicopter with MR damper 
P/N 3G6220V01351, 3G6220V01352, or 3G6220V01353 installed, reducing the 
installation torque of each hub attachment bolt for each MR damper. For 
an affected helicopter with MR damper P/N 3G6220V01351 or 3G6220V01352 
installed, the NPRM proposed to require: Repetitively inspecting the MR 
damper rod end (rod end) and MR damper body end (body end) for a crack; 
dye penetrant inspecting or eddy current inspecting certain rod and 
body ends for a crack; repetitively inspecting the rod and body end 
bearings for rotation in the damper seat and for misaligned slippage 
marks; repetitively inspecting the rod end broached ring nut; and 
repetitively inspecting the bearing friction torque value of the body 
and rod ends, and the MR damper anti-rotation block. Depending on the 
results of the various inspections, the NPRM proposed to require 
removing a part from service or replacing a part. For an affected 
helicopter with MR damper P/N 3G6220V01351 or 3G6220V01352 installed, 
the NPRM also proposed to require inspecting each rod end to determine 
if special washer P/N 3G6220A05052 is installed, and

[[Page 70973]]

depending on the results, aligning the rod ends and broached rings, 
replacing any broached ring that cannot be aligned, inspecting the 
broached rings for wear and damage, and replacing the broached ring and 
installing a special washer. Lastly, the NPRM proposed to require 
installing MR damper P/N 3G220V01353, prohibit installing MR damper P/N 
3G6220V01351 and P/N 3G6220V01352 on any helicopter, and allow the 
installation of MR damper P/N 3G220V01353 to constitute terminating 
action for all of the proposed repetitive required actions.
    The FAA issued a supplemental notice of proposed rulemaking (SNPRM) 
to amend 14 CFR part 39 by adding an AD that would apply to Leonardo 
S.p.a. Model AB139 and AW139 helicopters as identified in EASA AD 2018-
0112R1. The SNPRM published in the Federal Register on September 14, 
2021 (86 FR 51022). The FAA issued the SNPRM to add an action required 
by EASA AD 2018-0112R1 that was inadvertently omitted in the NPRM, 
correct thresholds for different actions proposed in the NPRM, and add 
the option to accomplish an eddy current inspection for some 
inspections. The SNPRM also utilized the FAA's new practice of 
proposing to incorporate EASA AD 2018-0112R1 by reference.
    The FAA is issuing this AD to address a crack in an MR damper, 
which could result in seizure of the MR damper, detachment of the MR 
damper in-flight, and subsequent loss of control of the helicopter. See 
EASA AD 2018-0112R1 for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the SNPRM or on the determination 
of the costs.

Conclusion

    These helicopters have been approved by 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 about the 
unsafe condition described in its AD. The FAA reviewed the relevant 
data and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these helicopters.

Related Service Information Under 1 CFR Part 51

    EASA AD 2018-0112R1 requires reducing the installation torque of 
the bolts affixing each affected MR damper to the MR hub. For certain 
affected MR dampers, EASA AD 2018-0112R1 requires a one-time dye 
penetrant inspection of the rod and body ends, and a repetitive 
detailed visual inspection of the rod and body ends. EASA AD 2018-
0112R1 allows an eddy current inspection as an alternative to those 
inspections. For certain affected MR dampers, EASA AD 2018-0112R1 also 
requires repetitively inspecting the rod and body end bearings for 
rotation, visually inspecting the rod end broached ring nut, 
accomplishing a bearing friction inspection of the body and rod end 
bearings, and a detailed inspection of the anti-rotation block. EASA AD 
2018-0112R1 also requires a one-time visual inspection of certain 
affected MR damper rod end installations and a torque check of the MR 
damper broached ring nut. For certain affected MR dampers, EASA AD 
2018-0112R1 requires replacing any special washer P/N 3G6220A05051 with 
a new washer P/N 3G6220A05052. If there is a crack or damage detected 
in any inspection, EASA AD 2018-0112R1 requires contacting Leonardo 
and, if the discrepancy is confirmed, replacing the MR damper. EASA AD 
2018-0112R1 also requires corrective actions if any discrepancy is 
detected in the inspections for rotation, friction, and torque. EASA AD 
2018-0112R1 allows installing MR damper P/N 3G6220V01353 on a 
helicopter, provided that it is installed using the correct torque 
values. Lastly, EASA AD 2018-0112R1 prohibits installing MR damper P/N 
3G6220V01351 and P/N 3G6220V01352 on any helicopter.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Differences Between This AD and the EASA AD

    Where EASA AD 2018-0112R1 requires the compliance time of after the 
last flight (ALF) of the day inspection, this AD requires the 
compliance time of before the first flight of the day. Some compliance 
times in EASA AD 2018-0112R1 are on condition of part removal or 
replacement, whereas this AD does not include those compliance times. 
EASA AD 2018-0112R1 requires a torque check of the MR damper broached 
ring nut, whereas this AD requires a torque inspection instead to 
clarify that the action must be accomplished by a mechanic that meets 
the requirements of 14 CFR part 65 subpart D. EASA AD 2018-0112R1 
requires making sure that there are no scratches or dents on the rod 
end, however it does not state corrective action for this requirement; 
this AD requires removing the rod end from service if there is a 
scratch or dent on the rod end. Where EASA AD 2018-0112R1 requires 
contacting Leonardo and replacing the MR damper with a serviceable 
part, this AD requires replacing or removing parts from service 
instead. Where EASA AD 2018-0112R1 requires accomplishing applicable 
corrective action(s) as specified in, and in accordance with, the 
instructions in service information, this AD requires removing parts 
from service for some of the corrective actions instead. Where EASA AD 
2018-0112R1 requires a one-time dye penetrant inspection of certain rod 
ends when installed, this AD does not. Instead, this AD prohibits 
installing certain rod ends that are not marked with a black dot and 
therefore have not been inspected.

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.
    Performing the MR damper inspections takes about 24 work-hours, for 
an estimated cost of $2,040 per helicopter and $257,040 for the U.S. 
fleet, per inspection cycle.
    Replacing a rod end takes about 3 work-hours and parts cost about 
$500, for an estimated cost of $755 per rod end. Replacing a broached 
ring and broached ring nut takes about 3 work-hours and parts cost 
about $125, for an estimated cost of $380 per broached ring and 
broached ring nut. Replacing an anti-rotation block takes about 3 work-
hours and parts cost about $50, for an estimated cost of $305 per anti-
rotation block. Replacing an MR damper takes about 2 work-hours and 
parts cost about $18,000, for an estimated cost of $18,170 per MR 
damper.

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

[[Page 70974]]

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:

    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:

2021-23-22 Leonardo S.p.a.: Amendment 39-21821; Docket No. FAA-2020-
0283; Project Identifier 2018-SW-045-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective January 18, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB139 and AW139 
helicopters, certificated in any category, as identified in European 
Aviation Safety Agency (now European Union Aviation Safety Agency) 
(EASA) AD 2018-0112R1, dated June 4, 2018 (EASA AD 2018-0112R1).

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6200, Main Rotor 
System.

(e) Unsafe Condition

    This AD was prompted by reports of failed main rotor (MR) 
dampers. The FAA is issuing this AD to address a crack in an MR 
damper. The unsafe condition, if not addressed, could result in 
seizure of the MR damper, detachment of the MR damper in-flight, and 
subsequent loss of control of the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2018-0112R1.

(h) Exceptions to EASA AD 2018-0112R1

    (1) Where EASA AD 2018-0112R1 requires compliance in terms of 
flight hours (FH), this AD requires using hours time-in-service 
(TIS).
    (2) Where EASA AD 2018-0112R1 refers to FH accumulated by a part 
since new (first installation on a helicopter) or since overhaul, 
this AD requires using total hours TIS.
    (3) Where EASA AD 2018-0112R1 refers to its effective date; May 
10, 2016 (the effective date of EASA AD 2016-0087, dated May 3, 
2016); July 28, 2016 (the effective date of EASA AD 2016-0140, dated 
July 14, 2016); or September 11, 2017 (the effective date of EASA AD 
2017-0160, dated August 28, 2017), this AD requires using the 
effective date of this AD.
    (4) Where EASA AD 2018-0112R1 requires the compliance time of 
during an ``after the last flight (ALF) of the day inspection,'' 
this AD requires the compliance time of before the first flight of 
the day.
    (5) Where the service information referenced in EASA AD 2018-
0112R1 specifies using a magnifying glass, this AD requires using a 
5X or higher power magnifying glass.
    (6) Where the service information referenced in EASA AD 2018-
0112R1 specifies discarding parts, this AD requires removing those 
parts from service.
    (7) Where paragraph (2) of EASA AD 2018-0112R1 requires 
compliance within 30 FH after 10 May 2016 (the effective date of 
EASA AD 2016-0087, dated May 3, 2016), or at the first MR damper 
removal, whichever occurs first, for a MR damper that has 
accumulated 300 or more FH, this AD requires compliance within 30 
hours TIS after the effective date of this AD for a MR damper that 
has accumulated 300 or more total hours TIS.
    (8) This AD does not require the actions required by paragraph 
(3) of EASA AD 2018-0112R1.
    (9) Where paragraph (8) of EASA AD 2018-0112R1 refers to having 
a serial number (S/N) specified in Part V of FHD BT 139-450, this AD 
requires the actions of that paragraph for helicopters with an MR 
damper part number (P/N) 3G6220V01351 or 3G6220V01352 with an S/N up 
to MCR8086 inclusive, installed, that has accumulated less than 600 
total hours TIS.
    (10) Where paragraph (10) of EASA AD 2018-0112R1 refers to 
having an S/N specified in in Part VII of FHD BT 139-450, this AD 
requires the actions of that paragraph for helicopters with:
    (i) MR damper P/N 3G6220V01351 or 3G6220V01352 with an S/N up to 
MCR8764 inclusive, and with rod end P/N M006-01H004-041, -045, or -
053, installed, except MR dampers confirmed of having 60-80 Nm 
applied and MR dampers marked with ``BT 139-446 Part II'' or ``BT 
139-446 Part III'' on the logcard; or
    (ii) MR damper P/N 3G6220V01351 or 3G6220V01352 that has had the 
damper rod end assembly removed before the issuance of ``BT 139-
446'' installed, even if it has an S/N higher than MCR8764 or it has 
been confirmed of having 60-80 Nm applied.

    Note 1 to paragraph (h)(10):  MR dampers confirmed of having 60-
80 Nm applied are listed in Table 1 (two pages) of Annex A, of 
Leonardo Helicopters Alert Service Bulletin No. 139-450, Revision D, 
dated May 28, 2019.

    (11) Where paragraph (10) of EASA AD 2018-0112R1 requires a 
torque check, this AD requires a torque inspection.
    (12) Where the service information referenced in paragraph (10) 
of EASA AD 2018-0112R1 specifies making sure that there are not 
scratches or dents on the rod end, this AD requires, before further 
flight, removing the rod end from service if there is a scratch or 
dent on the rod end.
    (13) Where paragraph (12) of EASA AD 2018-0112R1 requires 
contacting Leonardo and replacing the MR damper with a serviceable 
part, this AD does not. This AD requires the following:
    (i) If there is a crack in an MR damper body end, before further 
flight, replace the MR damper.
    (ii) If there is a crack in an MR damper rod end, before further 
flight, remove the MR damper rod end from service.
    (iii) If there is damage in any teeth of a rod end broached ring 
nut or damper piston slot, or if the engagement or alignment is not 
correct, before further flight, remove the rod end broached ring nut 
from service.
    (14) Paragraph (13) of EASA AD 2018-0112R1 requires 
accomplishing the applicable corrective action(s) ``as specified in, 
and in accordance with, the instructions of FHD BT 139-450 or FHD BT 
139-452, as applicable,'' except where:
    (i) If there is any bearing seat rotation or misaligned slippage 
mark in the MR damper rod end, this AD requires, before further 
flight, removing the MR damper rod end from service.
    (ii) If the MR damper rod end torque value is more than 30.0 Nm 
(265.5 in lb), this AD requires, before further flight, removing the 
MR damper rod end from service.
    (iii) If any MR damper anti-rotation block dimension measurement 
exceeds allowable limits, this AD requires, before further flight, 
removing the anti-rotation block from service.
    (15) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2018-0112R1.

[[Page 70975]]

(i) Parts Prohibition

    As of the effective date of this AD, do not install an MR damper 
rod end P/N M006-01H004-041, M006-01H004-045, or M006-01H004-053 on 
any helicopter, unless it is marked with a black dot indicating that 
it has passed inspections specified by Leonardo Helicopters BT 139-
450.

(j) No Reporting Requirement

    Although the service information referenced in EASA AD 2018-
0112R1 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(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 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (l)(1) of 
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(l) Related Information

    (1) For more information about this AD, contact Matt Fuller, AD 
Program Manager, General Aviation & Rotorcraft Unit, Airworthiness 
Products Section, Operational Safety Branch, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
[email protected].
    (2) Leonardo Helicopters Alert Service Bulletin No. 139-450, 
Revision D, dated May 28, 2019, which is not incorporated by 
reference, contains additional information about the subject of this 
AD. For service information identified in this AD, contact Leonardo 
S.p.A. Helicopters, Emanuele Bufano, Head of Airworthiness, Viale 
G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone +39-
0331-225074; fax +39-0331-229046; or at https://customerportal.leonardocompany.com/en-US/. You may view this 
referenced service information at the contact information specified 
in paragraph (m)(4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Aviation Safety Agency (now European Union Aviation 
Safety Agency) (EASA) AD 2018-0112R1, dated June 4, 2018.
    (ii) [Reserved]
    (3) For EASA AD 2018-0112R1, contact EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu. You may find the 
EASA material on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this service information at the FAA, Office of 
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 
6N-321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call (817) 222-5110. This material may be 
found in the AD docket at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2020-0283.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 8, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-26973 Filed 12-13-21; 8:45 am]
BILLING CODE 4910-13-P