[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Rules and Regulations]
[Pages 10015-10017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03270]


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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; 
Amendment 39-22328; AD 2023-03-03]
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 a report of a damaged tail rotor duplex bearing (TRDB). This AD 
requires 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 AD also requires 
replacing an affected TRDB with a serviceable TRDB at a specified 
threshold and prohibits 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 incorporated by reference. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective March 23, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 23, 
2023.

ADDRESSES: 
    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

[[Page 10016]]

contains this final rule, 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:
     For EASA material that is incorporated by reference in 
this final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; telephone +49 221 8999 000; email [email protected]; internet 
easa.europa.eu. You may find this material on the EASA website at 
ad.easa.europa.eu.
     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. It is also available at 
regulations.gov under Docket No. FAA-2022-1419.
    Other Related Service Information: For Leonardo 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 customerportal.leonardocompany.com/en-US/. You may 
also view this service information at the FAA contact information under 
Material Incorporated by Reference above.

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:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has 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 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.
    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 November 10, 2022 (87 FR 67840). The NPRM 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 NPRM proposed to require 
accomplishing the actions specified in EASA AD 2022-0182-E.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM 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 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. Lastly, EASA AD 2022-0182-E 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.

Costs of Compliance

    The FAA estimates that this AD affects 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 AD.
    Inspecting the TRDB takes up to about 12 work-hours and parts 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 takes about 3 additional work-hours and parts cost 
about $2,100, for an estimated cost of $2,355 per helicopter. Replacing 
a TRA takes about 2 additional work-hours and parts cost about $42,802, 
for an estimated cost of $42,972 per helicopter. Alternatively, 
replacing the sliding control assembly takes about 6 work-hours and 
parts 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 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

[[Page 10017]]

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:

2023-03-03 Leonardo S.p.a.: Amendment 39-22328; Docket No. FAA-2022-
1419; Project Identifier MCAI-2022-01002-R.

(a) Effective Date

    This airworthiness directive (AD) is effective March 23, 2023.

(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) 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

    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 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 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 January 31, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-03270 Filed 2-15-23; 8:45 am]
BILLING CODE 4910-13-P