[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]



========================================================================
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. 

========================================================================


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.

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

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:
    <bullet> For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 
000; email <a href="/cdn-cgi/l/email-protection#6120251221040012004f0414130e11004f0414"><span class="__cf_email__" data-cfemail="4504013605202436246b2030372a35246b2030">[email protected]</span></a>; internet easa.europa.eu. You may find 
the EASA material on the EASA website at ad.easa.europa.eu.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#2271574c454f4d0c660c614a4d624443430c454d54"><span class="__cf_email__" data-cfemail="1d4e68737a70723359335e75725d7b7c7c337a726b">[email protected]</span></a>.

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 <a href="/cdn-cgi/l/email-protection#fabbb7b5b9ba9c9b9bd49d958c"><span class="__cf_email__" data-cfemail="793834363a391f1818571e160f">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#f3a0869d949e9cddb7ddb09b9cb3959292dd949c85"><span class="__cf_email__" data-cfemail="f8ab8d969f9597d6bcd6bb9097b89e9999d69f978e">[email protected]</span></a>.

(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 <a href="/cdn-cgi/l/email-protection#0342477043666270622d6676716c73622d6676"><span class="__cf_email__" data-cfemail="16575265567377657738736364796677387363">[email protected]</span></a>; 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 <a href="/cdn-cgi/l/email-protection#264054084f4855564345524f4948664847544708414950"><span class="__cf_email__" data-cfemail="0d6b7f2364637e7d686e796462634d636c7f6c236a627b">[email protected]</span></a>.

    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]
BILLING CODE 4910-13-P


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