[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Proposed Rules]
[Pages 67840-67842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24430]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1419; Project Identifier MCAI-2022-01002-R]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Leonardo S.p.a. Model AB139 and AW139 helicopters. This 
proposed AD was prompted by a report of a damaged tail rotor duplex 
bearing (TRDB). This proposed AD would require repetitively inspecting 
certain TRDBs and depending on the results, replacing the TRDB or tail 
rotor actuator (TRA), or as an option, replacing the sliding control 
assembly. This proposed AD would also require replacing an affected 
TRDB with a serviceable TRDB at a specified threshold and prohibit the 
installation of certain TRDBs or sliding control assemblies on any 
helicopter, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is proposed for incorporation by reference (IBR). The 
FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by December 
27, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1419; 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 NPRM, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 
8999 000; email: [email protected]. You may find this material on the 
EASA website at ad.easa.europa.eu.
     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.

FOR FURTHER INFORMATION CONTACT: Dan McCully, Program Manager, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1701 Columbia Ave., Mail Stop: ACO, 
College Park, GA 30337; telephone (404) 474-5548; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-1419; Project Identifier 
MCAI-2022-01002-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Dan 
McCully, Program Manager, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1701 Columbia 
Ave., Mail Stop: ACO, College Park, GA 30337; telephone (404) 474-5548; 
email [email protected]. Any commentary that the FAA receives 
that is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Background

    EASA, the Technical Agent for the Member States of the European 
Union, issued a series of ADs, with the most recent being EASA 
Emergency AD 2022-0182-E, dated August 30, 2022 (EASA AD 2022-0182-E), 
to correct an unsafe condition for all serial-numbered Leonardo S.p.A. 
Helicopters, formerly Finmeccanica S.p.A, AgustaWestland S.p.A., Agusta 
S.p.A.; and AgustaWestland Philadelphia Corporation, formerly Agusta 
Aerospace Corporation, Model AB139 and AW139 helicopters. EASA AD 2022-
0182-E defines the ``affected part'' as TRDB part number (P/N) 
3G6430V00151, P/N 3G6430V00152, and P/N 3G6430V00153, the ``affected 
TRA'' as TRA P/N 3G6730V00731 and P/N 3G6730V00732, and the ``affected 
assembly'' as sliding control assembly P/N 3G6430A02531. EASA initially 
issued EASA AD 2022-0152-E, dated July 26, 2022, which was superseded 
by EASA AD 2022-0182-E.

[[Page 67841]]

    This proposed AD was prompted by a report of a damaged TRDB. 
According to EASA, after an investigation, it was determined that the 
TRDB had been removed from a sliding control assembly and reinstalled 
on another sliding control assembly, even though Aircraft Maintenance 
Programme procedures do not allow reinstallation of a removed TRDB. The 
FAA is proposing this AD to ensure the proper installation of a TRDB 
and prevent a TRDB from remaining in service beyond its life limit. See 
EASA AD 2022-0182-E for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0182-E requires repetitively inspecting certain 
affected parts, and depending on the results, replacing the affected 
part with a serviceable part, and for certain conditions, replacing the 
affected TRA or sliding control assembly, as defined therein. EASA AD 
2022-0182-E also requires replacing affected parts with serviceable 
parts at specified thresholds. EASA AD 2022-0182-E also prohibits the 
installation of certain TRDBs or sliding control assemblies 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.

Other Related Service Information

    The FAA also reviewed Leonardo Helicopters Emergency Alert Service 
Bulletin No. 139-725, Revision A, dated August 9, 2022 (EASB 139-725 
Rev A). EASB 139-725 Rev A specifies procedures for inspecting for 
rotation between the trunnion and pitch control rod, and applying 
slippage marks; inspecting the visible areas of the TRDB (including 
seals) for wear, damages, corrosion, particles, grease leakage, grease 
leakage particles (including magnetic/metallic particles), and 
roughness in its movement, and accomplishing a TRDB operational test. 
Finally, EASB 139-725 Rev A specifies procedures for replacing a TRDB 
and TRA, discarding the removed TRDB, and sending certain photos and 
information to Leonardo S.p.A.

FAA's Determination

    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 emergency AD. The FAA is proposing 
this AD after evaluating all known relevant information and determining 
that the unsafe condition described previously is likely to exist or 
develop on other helicopters of the same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2022-0182-E, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2022-0182-E by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0182-E in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2022-0182-E does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2022-
0182-E. Service information referenced in EASA AD 2022-0182-E for 
compliance will be available at regulations.gov by searching for and 
locating Docket No. FAA-2022-1419 after the FAA final rule is 
published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 80 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 proposed AD.
    Inspecting the TRDB would take up to about 12 work-hours and parts 
would cost about $100 for an estimated cost of up to $1,120 per 
helicopter and $89,600 for the U.S. fleet, per inspection cycle. If 
required, replacing a TRDB would take about 3 additional work-hours and 
parts would cost about $2,100, for an estimated cost of $2,355 per 
helicopter. Replacing a TRA would take about 2 additional work-hours 
and parts would cost about $42,802, for an estimated cost of $42,972 
per helicopter. Alternatively, replacing the sliding control assembly 
would take about 6 work-hours and parts would cost about $11,500, for 
an estimated cost of $12,010 per helicopter.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this 
proposed 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

    The FAA 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 above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

[[Page 67842]]

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:

Leonardo S.p.a.: Docket No. FAA-2022-1419; Project Identifier MCAI-
2022-01002-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 27, 2022.

(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 Service Component (JASC) Code: 6400, Tail Rotor 
System.

(e) Unsafe Condition

    This AD was prompted by a report of a damaged tail rotor duplex 
bearing (TRDB) that was improperly installed on a sliding control 
assembly. The FAA is issuing this AD to ensure the proper 
installation of a TRDB and prevent a TRDB from remaining in service 
beyond its life limit. The unsafe condition, if not detected and 
corrected, could lead to structural failure of the TRDB, possibly 
resulting in 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) 
Emergency AD 2022-0182-E, dated August 30, 2022 (EASA AD 2022-0182-
E).

(h) Exceptions to EASA AD 2022-0182-E

    (1) Where EASA AD 2022-0182-E requires compliance in terms of 
flight hours, this AD requires using hours time-in-service (TIS).
    (2) Where EASA AD 2022-0182-E refers to July 28, 2022 (the 
effective date of EASA AD 2022-0152-E, dated July 26, 2022) and its 
effective date, this AD requires using the effective date of this 
AD.
    (3) Where the service information referenced in EASA AD 2022-
0182-E specifies discarding certain parts, this AD requires removing 
those parts from service.
    (4) Where the service information referenced in EASA AD 2022-
0182-E specifies returning a part to the manufacturer, this AD does 
not require that action.
    (5) The ``Remarks'' section of EASA AD 2022-0182-E does not 
apply to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-
0182-E specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(j) 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 (k)(2) 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.

(k) Additional Information

    (1) Refer to EASA AD 2022-0182-E for related information. This 
EASA AD may be found in the AD docket at regulations.gov under 
Docket No. FAA-2022-1419.
    (2) For more information about this AD, contact Dan McCully, 
Program Manager, COS Program Management Section, Operational Safety 
Branch, Compliance & Airworthiness Division, FAA, 1701 Columbia 
Ave., Mail Stop: ACO, College Park, GA 30337; telephone (404) 474-
5548; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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 the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) Emergency AD 
2022-0182-E, dated August 30, 2022.
    (ii) Reserved.
    (3) For EASA AD 2022-0182-E, contact EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: 
[email protected]. You may find this material on the EASA website 
at ad.easa.europa.eu.
    (4) You may view this service information at 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 service information 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 3, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-24430 Filed 11-9-22; 8:45 am]
BILLING CODE 4910-13-P