[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Proposed Rules]
[Pages 25194-25197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07487]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0997; Project Identifier MCAI-2022-01306-R]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

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 multiple reports of cracks found on tail 
rotor (TR) damper bracket assemblies. This proposed AD would require 
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 proposed 
AD would also prohibit 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 proposed for 
incorporation by reference. The FAA is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by May 28, 2024.

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-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 NPRM, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +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.
     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 Service Information: For Leonardo Helicopters service 
information, contact Leonardo S.p.A., 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: Sungmo Cho, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (781) 
238-7241; 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-2024-0997; Project Identifier 
MCAI-2022-01306-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

[[Page 25195]]

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 
Sungmo Cho, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; phone: (781) 238-7241; email: 
[email protected]. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, previously issued EASA AD 2022-0154, dated August 1, 
2022 (EASA AD 2022-0154) for all serial-numbered Leonardo S.p.A. Model 
AB139 and AW139 helicopters. EASA stated in AD 2022-0154 that during 
scheduled 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), 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. See EASA AD 2022-0205 for additional background information.
    The FAA is proposing this AD to detect and address corrosion or 
cracks on the TR damper bracket assembly. The unsafe condition, if not 
addressed, could result in an in-flight TR blade loss, unbalance or 
damage to the tail or other parts of the helicopter, and subsequent 
loss of control of the helicopter.

Related Service Information 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 Service Information

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

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 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 2022-0205, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed AD and EASA AD 2022-0205.''

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 2022-0205 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0205 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 2022-0205 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-
0205. Service information referenced in EASA AD 2022-0205 for 
compliance will be available at regulations.gov under Docket No. FAA-
2024-0997 after the FAA final rule is published.

Differences Between This Proposed AD and EASA AD 2022-0205

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

[[Page 25196]]

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 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 proposed AD.
    A DVI of the TR damper bracket assembly would take 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 
would take 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 would take approximately 8 work-hours and parts 
would 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 
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.

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-2024-0997; Project Identifier MCAI-
2022-01306-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 28, 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 result in an 
in-flight TR blade loss, unbalance or damage to the tail or other 
parts of the helicopter, 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 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 service information 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 service information 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 service information 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

[[Page 25197]]

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 service information 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 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) AD 2022-0205, 
dated October 4, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0205, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +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 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.
    (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/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

    Issued on April 2, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-07487 Filed 4-9-24; 8:45 am]
BILLING CODE 4910-13-P