[Federal Register Volume 89, Number 194 (Monday, October 7, 2024)]
[Rules and Regulations]
[Pages 80993-80995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23065]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 194 / Monday, October 7, 2024 / Rules
and Regulations
[[Page 80993]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0773; Project Identifier MCAI-2023-00256-R;
Amendment 39-22835; AD 2024-18-01]
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 superseding Airworthiness Directive (AD) 2021-22-
05, which applied to all Leonardo S.p.a. (Leonardo) Model A119 and
AW119 MKII helicopters. AD 2021-22-05 required repetitively inspecting
certain torque tube assemblies for any deficiency and corrective action
if necessary, and replacing any affected part with a serviceable part,
which was 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 AD retains certain requirements specified in
AD 2021-22-05, reduces the applicability to include helicopters with
only affected part-numbered collective torque tube assemblies, reduces
the inspection intervals, and removes the previously approved
terminating action. These requirements are 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 November 12, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 12,
2024.
ADDRESSES:
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 final rule, the mandatory continuing airworthiness
information (MCAI), 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 identified in this AD, 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 EASA 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-2024-0773.
Other Related Material: For Leonardo material identified in this
AD, 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/.
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:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-22-05, Amendment 39-21778 (86 FR
67301, November 26, 2021) (AD 2021-22-05). AD 2021-22-05 applied to all
Leonardo Model A119 and AW119 MKII helicopters. AD 2021-22-05 required
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.
The NPRM published in the Federal Register on April 12, 2024 (89 FR
25825). The NPRM was prompted by EASA AD 2023-0035, dated February 10,
2023 (EASA AD 2023-0035) (also referred to as the MCAI), issued by
EASA, which is the Technical Agent for the Member States of the
European Union. The NPRM 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
material 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 intervals, and simplify
the inspection method.
In the NPRM, the FAA proposed to reduce the applicability to
include helicopters with only affected all part-numbered collective
torque tube assemblies. In the NPRM, the FAA also proposed to retain
certain requirements of AD 2021-22-05 and require accomplishing the
actions specified in EASA AD 2023-0035 except for any differences
identified as exceptions in the regulatory text of this AD.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-0773.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the costs.
Conclusion
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the
[[Page 80994]]
FAA's bilateral agreement with this State of Design Authority, it has
notified the FAA of the unsafe condition described in the MCAI
referenced above. 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
products. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM.
Material Incorporated by Reference 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 Material
The FAA reviewed Leonardo Helicopters Alert Service Bulletin No.
119-098, Revision B, dated January 25, 2023. This material specifies
procedures for inspecting the collective torque tube assembly for
abnormal play and specifies instructions for replacing affected parts.
Costs of Compliance
The FAA estimates that this AD affects 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 AD.
Inspecting the torque tube assembly inspection takes 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 are required based on the results of the required
inspections. The agency has no way of determining the number of
helicopters that might need these replacements.
If required, replacing the torque tube assembly takes about 16
work-hours and parts 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 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 has determined that 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:
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:
2024-18-01 Leonardo S.p.a.; Amendment 39-22835; Docket No. FAA-2024-
0773; Project Identifier MCAI-2023-00256-R.
(a) Effective Date
This airworthiness directive (AD) is effective November 12,
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 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 material 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
[[Page 80995]]
paragraphs (h)(5)(i) through (iii) 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 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.
(ii) 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 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.
(iii) 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 material 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 material 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 material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material 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 material identified in this AD, 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 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.
(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 August 28, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-23065 Filed 10-4-24; 8:45 am]
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