[Federal Register Volume 89, Number 72 (Friday, April 12, 2024)]
[Proposed Rules]
[Pages 25825-25828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07489]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0773; Project Identifier MCAI-2023-00256-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 supersede Airworthiness Directive (AD) 
2021-22-05, which applies to all Leonardo S.p.a. (Leonardo) Model A119 
and AW119 MKII helicopters. AD 2021-22-05 requires repetitively 
inspecting certain torque tube assemblies for any deficiency and 
corrective action if necessary, and replacing any affected part with a 
serviceable part, which is terminating action for the repetitive 
inspections. AD 2021-22-05 was prompted by reports of abnormal play on 
the collective torque tube on two Leonardo Model AW119 MKII 
helicopters, which were due to an erroneous manufacturing process. 
Since the FAA issued AD 2021-22-05, it was discovered that additional 
torque tube assemblies are subject to the unsafe condition. This 
proposed AD would retain certain requirements specified in AD 2021-22-
05, reduce the

[[Page 25826]]

applicability to include helicopters with only affected part-numbered 
collective torque tube assemblies, reduce the inspection intervals, and 
remove the previously approved terminating action as 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-2024-0773; 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, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material identified in this NPRM, 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-2024-0773.
    Other Related Service Information: For Leonardo service information 
identified in this NPRM, 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 Ave., 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-2024-0773; Project Identifier 
MCAI-2023-00256-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 
the 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 Ave., 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

    The FAA issued AD 2021-22-05, Amendment 39-21778 (86 FR 67301, 
November 26, 2021) (AD 2021-22-05), for all Leonardo Model A119 and 
AW119 MKII helicopters. AD 2021-22-05 was prompted by MCAI originated 
by EASA, which is the Technical Agent for the Member States of the 
European Union. EASA issued EASA AD 2021-0096, dated March 31, 2021 
(EASA AD 2021-0096), to address an unsafe condition on Leonardo S.p.A. 
Model A119 and AW119 MKII helicopters, all serial numbers. EASA AD 
2021-0096 stated that there were reports of abnormal play on the 
collective torque tube on two Model AW119 MKII helicopters. 
Investigations revealed that these events were due to an erroneous 
manufacturing process, affecting certain collective torque tube 
assemblies; those affected batch numbers were identified. Leonardo 
Model A119 helicopters are similar in design and may be subject to the 
same unsafe condition revealed on the Model AW119 MKII helicopters.
    AD 2021-22-05 requires repetitive inspections of certain batches of 
affected torque tube assemblies for any deficiency and corrective 
action if necessary; and the replacement of any affected part with a 
serviceable part, which is terminating action for the repetitive 
inspections. The FAA issued AD 2021-22-05 to address abnormal play on 
the collective torque tube, which could result in reduced control of 
the helicopter, resulting in a forced landing and consequent damage to 
the helicopter and injury to occupants.

Actions Since AD 2021-22-05 Was Issued

    Since AD 2021-22-05 was issued, there have been reports of abnormal 
play on additional torque tube assemblies. EASA, which is the Technical 
Agent for the Member States of the European Union, has issued 
superseding EASA AD 2023-0035, dated February 10, 2023 (EASA AD 2023-
0035) (also referred to as the MCAI), to correct an unsafe condition 
for Leonardo Model A119 and AW119MKII helicopters up to serial number 
14999 inclusive.
    This proposed AD was prompted by additional occurrences of abnormal 
play on parts not previously included in the affected batches of torque 
tube assemblies. In light of this, Leonardo issued updated service 
information and EASA issued EASA AD 2023-0035 to reduce the 
applicability to include helicopters with only affected part-numbered 
collective torque tube assemblies, reduce the inspection

[[Page 25827]]

intervals, and simplify the inspection method. The FAA is proposing 
this AD to address abnormal play on additional collective torque tubes, 
which could result in reduced control of the helicopter, resulting in a 
forced landing and consequent damage to the helicopter and injury to 
occupants. See EASA AD 2023-0035 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0035 requires repetitive inspections of the affected 
torque tube assemblies for any deficiency (i.e., any abnormal play or 
relative rotation) by marking the torque tube assembly and the collar 
and applying specific loads to determine if there is any play; and 
depending on the results of these inspections replacing the torque tube 
assembly with a serviceable part.
    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.

Other Related Service Information

    The FAA reviewed Leonardo Helicopters Alert Service Bulletin (ASB) 
No. 119-098, Revision B, dated January 25, 2023 (ASB 119-098, Revision 
B). This ASB specifies procedures for inspecting the collective torque 
tube assembly for abnormal play and specifies instructions for 
replacing affected parts.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI referenced above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would reduce the applicability to include 
helicopters with only affected all part-numbered collective torque tube 
assemblies, retain certain requirements of AD 2021-22-05, and require 
accomplishing the actions specified in EASA AD 2023-0035, described 
previously, 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 the MCAI.''

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 2023-0035 by reference in the FAA 
final rule. Service information required by EASA AD 2023-0035 for 
compliance will be available at regulations.gov by searching for and 
locating Docket No. FAA-2024-0773 after the FAA final rule is 
published.

Differences Between This Proposed AD and the MCAI or the Service 
Information

    Where the service information referenced in paragraphs (1) and (2) 
of EASA AD 2023-0035 specifies ``in case of doubt'' apply marks on both 
sides of the torque tube assembly, move the pilot collective stick 
lever, and verify that the markings stay aligned, this proposed AD 
would require those actions.
    Instead of paragraph (4) of EASA AD 2023-0035, which allows credit 
for the initial inspection and corrective action, as applicable for 
that helicopter, r accomplished before the effective date of EASA AD 
2023-0035 using ASB 119-098, Revision B, this proposed AD would allow 
credit for the following, as applicable.
     The inspections required by paragraph (1) of EASA AD 2023-
0035 that have been accomplished before the effective date of the final 
rule using Leonardo Helicopters Alert Service Bulletin (ASB) No. 119-
098, dated March 13, 2019 (ASB 119-098, original issue); or Leonardo 
Helicopters ASB No. 119-098, Revision A, dated March 31, 2021 (ASB 119-
098, Revision A), as applicable for the batch numbers identified 
within.
     Replacing an affected part, as defined in EASA AD 2023-
0035, with a serviceable part, as defined in EASA AD 2023-0035, 
required by paragraph (3) of EASA AD 2023-0035 that has been 
accomplished before the effective date of the final rule using ASB 119-
098, original issue; or ASB 119-098, Revision A.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 184 helicopters of U.S. registry. Labor costs 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 torque tube assembly inspection would take about 1 
work-hour for an estimated cost of $85 per inspection and $15,640 for 
the U.S. fleet per inspection cycle.
    The FAA estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
proposed inspections. The agency has no way of determining the number 
of helicopters that might need these repairs.
    If required, replacing the torque tube assembly would take about 16 
work-hours and parts would cost $10,000 for an estimated cost of 
$11,360 per torque tube assembly replacement.
    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 that the proposed 
regulation:

[[Page 25828]]

    (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:
0
a. Removing Airworthiness Directive 2021-22-05, Amendment 39-21778 (86 
FR 67301, November 26, 2021); and
0
b. Adding the following new airworthiness directive:

Leonardo S.p.a.: Docket No. FAA-2024-0773; Project Identifier MCAI-
2023-00256-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 28, 2024.

(b) Affected ADs

    This AD replaces AD 2021-22-05, Amendment 39-21778 (86 FR 67301, 
November 26, 2021).

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A119 and AW119 MKII 
helicopters, certificated in any category, as identified in European 
Union Aviation Safety Agency (EASA) AD 2023-0035, dated February 10, 
2023 (EASA AD 2023-0035).

(d) Subject

    Joint Aircraft System Component (JASC) Code 6700: Rotorcraft 
Flight Control.

(e) Unsafe Condition

    This AD was prompted by reports of abnormal play on the 
collective torque tube assemblies. The FAA is issuing this AD to 
address this unsafe condition which could result in reduced control 
of the helicopter, resulting in a forced landing and consequent 
damage to the helicopter and injury to occupants.

(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 EASA AD 2023-0035.

(h) Exceptions to EASA AD 2023-0035

    (1) Where EASA AD 2023-0035 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2023-0035 refers to April 14, 2021 (the 
effective date of EASA AD 2021-0096, dated March 31, 2021), this AD 
requires using January 3, 2022 (the effective date of AD 2021-22-
05).
    (3) Where EASA AD 2023-0035 refers to its effective date, this 
AD requires using the effective date of this AD.
    (4) Where the service information referenced in paragraphs (1) 
and (2) of EASA AD 2023-0035 specifies ``in case of doubt'' apply 
marks on both sides of the torque tube assembly, move the pilot 
collective stick lever, and verify that the markings stay aligned, 
this AD requires those actions.
    (5) Instead of the credit allowed in paragraph (4) of EASA AD 
2023-0035, you may take credit for the following in paragraphs 
(h)(5)(i) and (ii) of this AD, as applicable.
    (i) The inspections required by paragraph (1) of EASA AD 2023-
0035 that have been accomplished before the effective date of this 
AD using Leonardo Helicopters Alert Service Bulletin (ASB) No. 119-
098, dated March 13, 2019 (ASB 119-098, original issue) but this 
credit is limited to the torque tube assembly batch numbers 
identified in ASB 119-098, original issue; or Leonardo Helicopters 
ASB No. 119-098, Revision A, dated March 31, 2021 (ASB 119-098, 
Revision A) but this credit is limited to the torque tube assembly 
batch numbers identified in ASB 119-098, Revision A.
    (ii) Replacing an affected part, as defined in EASA AD 2023-
0035, with a serviceable part, as defined in EASA AD 2023-0035, 
required by paragraph (3) of EASA AD 2023-0035 that has been 
accomplished before the effective date of this AD using ASB 119-098, 
original issue; or ASB 119-098, Revision A.
    (6) Where the service information referenced in EASA AD 2023-
0035 specifies to return a torque tube assembly to the manufacturer, 
this AD does not include that requirement.
    (7) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0035.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-0035 
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 International Validation Branch, send it to the 
attention of the person identified in paragraph (k) 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.

(k) Additional Information

    For more information about this AD, contact Sungmo Cho, Aviation 
Safety Engineer, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; phone: (781) 238-7241; 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 the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0035 
dated February 10, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0035, 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/ibr-locations or email: [email protected].

    Issued on March 27, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.

[FR Doc. 2024-07489 Filed 4-11-24; 8:45 am]
BILLING CODE 4910-13-P