[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7687-7690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02747]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0964; Project Identifier 2018-SW-051-AD; Amendment 
39-21909; AD 2022-02-12]
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 the identification of certain parts needing maintenance actions, 
including life limits and maintenance tasks. This AD requires 
incorporating into maintenance records requirements (airworthiness 
limitations), as specified in a European Aviation Safety Agency (now 
European Union Aviation Safety Agency) (EASA)

[[Page 7688]]

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 17, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 17, 
2022.

ADDRESSES: For EASA material incorporated by reference (IBR) 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#94d5d0e7d4f1f5e7f5baf1e1e6fbe4f5baf1e1"><span class="__cf_email__" data-cfemail="3372774073565240521d5646415c43521d5646">[email protected]</span></a>; internet 
www.easa.europa.eu. You may find the EASA material on the EASA website 
at https://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 
in the AD docket at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0964.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0964; 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 
EASA AD, 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.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Program Manager, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone (817) 222-5110; email <a href="/cdn-cgi/l/email-protection#89e2fbe0fafde0e7a7ebfbe8ede5ecf0c9efe8e8a7eee6ff"><span class="__cf_email__" data-cfemail="f49f869d87809d9ada9686959098918db4929595da939b82">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0132, dated June 21, 2018 (EASA 
AD 2018-0132) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Leonardo S.p.A. Model AB139 and AW139 helicopters.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Leonardo S.p.A. 
Model AB139 and AW139 helicopters. The NPRM published in the Federal 
Register on November 12, 2021 (86 FR 62744). The NPRM was prompted by 
the identification of certain parts needing maintenance actions, 
including life limits and maintenance tasks. The parts include a 
certain part-numbered main rotor damper, tail gear box center housing, 
and tail assembly, the fuselage structure assembly (station (STA) 5700, 
right-hand (RH)/left-hand (LH) side), and tail structure assembly 
(tail/rear fuselage attachment fittings). The NPRM proposed to require 
incorporating into maintenance records requirements (airworthiness 
limitations), as specified in EASA AD 2018-0132.
    The FAA is issuing this AD to address the failure of certain parts, 
which could result in the loss of control of the helicopter. See EASA 
AD 2018-0132 for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from one commenter, Bristow Group, who 
commented on the service information. The following presents the 
comment received on the NPRM and the FAA's response to the comment.

Request To Consider Service Information

    The commenter stated it would take into consideration that the 
service information identified in EASA AD 2018-0132 (Leonardo AB139 and 
AW139 Maintenance Manual (MM), 39-A-AMPI-00-P, Chapter IV, 
Airworthiness Limitations, Issue 9, dated March 6, 2018, as well as 
Issue 8) has already been added. The commenter noted the EASA AMPI 
(i.e., the airworthiness limitations section (ALS) document) is already 
on Issue 14 and the FAA AMPI is on Issue 13. The FAA infers the 
commenter is requesting the FAA consider the effect of later revisions 
of the ALS document on the proposed AD.
    The FAA agrees to clarify the effect of later revisions of the ALS 
document on this AD. This AD mandates a specific revision of the ALS 
document. Later revisions of the ALS document are not required to be 
incorporated into maintenance records requirements (airworthiness 
limitations) for that helicopter unless an AD mandates those revisions. 
However, this AD also allows operators to incorporate later approved 
revisions of the ALS document as specified in the Ref. Publications 
section of EASA AD 2018-0132 without the need for an alternative method 
of compliance (AMOC). Historically, operators needed an AMOC to use 
later revisions of an ALS. The FAA has not changed this AD in this 
regard.

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, considered the comment received, 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. Except 
for minor editorial changes, this AD is adopted as proposed in the 
NPRM. None of the changes will increase the economic burden on any 
operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2018-0132 requires certain actions and associated 
thresholds and intervals, including life limits and maintenance tasks. 
These requirements (airworthiness limitations) include new life limits 
for a certain part-numbered main rotor damper, tail gear box center 
housing, and tail assembly; and new maintenance tasks (e.g., 
inspections for cracking) for the fuselage structure assembly (STA 
5700, RH/LH side), and tail structure assembly (tail/rear fuselage 
attachment fittings).
    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.

ADs Mandating Airworthiness Limitations

    The FAA has previously mandated airworthiness limitations by 
mandating each airworthiness limitation task (e.g., inspections and 
replacements (life limits)) as an AD requirement or issuing ADs that 
require revising the ALS of the existing maintenance manual or 
instructions for continued airworthiness to incorporate new or revised 
inspections and life limits. This AD, however, requires operators to 
incorporate into maintenance records required by 14 CFR 91.417(a)(2) or 
135.439(a)(2), as applicable for your rotorcraft, the requirements 
(airworthiness limitations) specified in an MCAI AD. The FAA does not 
intend this as a substantive change. For these ADs, the ALS 
requirements for operators are the same but are complied with 
differently. Requiring the incorporation

[[Page 7689]]

of the new ALS requirements into the maintenance records, rather than 
requiring individual ALS tasks (e.g., repetitive inspections and 
replacements), requires operators to record AD compliance once after 
updating the maintenance records, rather than after every time the ALS 
task is completed.
    In addition, paragraph (h) of this AD allows operators to 
incorporate later approved revisions of the ALS document as specified 
in the Ref. Publications section of EASA AD 2018-0132 without the need 
for an AMOC.

Differences Between This AD and the EASA AD

    Paragraph (1) of EASA AD 2018-0132 requires compliance with actions 
and associated thresholds and intervals, including life limits and 
maintenance tasks, from the effective date of EASA AD 2018-0132. 
Paragraph (3) of EASA AD 2018-0132 requires incorporating the actions 
and associated thresholds and intervals, including life limits and 
maintenance tasks, into the approved maintenance program within 12 
months after the effective date of EASA AD 2018-0132. This AD requires 
incorporating into maintenance records requirements (airworthiness 
limitations) within 30 days after the effective date of this AD.

Costs of Compliance

    The FAA estimates that this AD affects 130 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. Incorporating requirements (airworthiness limitations) into 
maintenance records would require about 2 work-hours for a cost of $170 
per helicopter and a cost of $22,100 for the U.S. fleet.

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

    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:

2022-02-12 Leonardo S.p.a.: Amendment 39-21909; Docket No. FAA-2021-
0964; Project Identifier 2018-SW-051-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective March 17, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model AB139 and AW139 
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 5101, Aircraft 
Structures; and 6300, Main Rotor Drive Systems.

(e) Unsafe Condition

    This AD was prompted by the identification of certain parts 
needing maintenance actions, including life limits and maintenance 
tasks. The FAA is issuing this AD to address the failure of certain 
parts, which could result in the loss of control of the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Action

    Within 30 days after the effective date of this AD, incorporate 
into maintenance records required by 14 CFR 91.417(a)(2) or 
135.439(a)(2), as applicable for your rotorcraft, the requirements 
(airworthiness limitations) specified in paragraph (1) of European 
Aviation Safety Agency (now European Union Aviation Safety Agency) 
(EASA) AD 2018-0132, dated June 21, 2018 (EASA AD 2018-0132).

(h) Provisions for Alternative Requirements (Airworthiness Limitations)

    After the action required by paragraph (g) of this AD has been 
done, no alternative requirements (airworthiness limitations) are 
allowed unless they are approved as specified in the provisions of 
the ``Ref. Publications'' section of EASA AD 2018-0132.

(i) 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 (j) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#a39a8ee2f5f08ee2eaf18e9490938ee2eeece0e3c5c2c28dc4ccd5"><span class="__cf_email__" data-cfemail="01382c4057522c4048532c3632312c404c4e42416760602f666e77">[email protected]</span></a>.
    (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.

(j) Related Information

    For more information about this AD, contact Kristi Bradley, 
Program Manager, COS Program Management Section, Operational Safety 
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
<a href="/cdn-cgi/l/email-protection#ec879e859f988582c28e9e8d88808995ac8a8d8dc28b839a"><span class="__cf_email__" data-cfemail="9bf0e9f2e8eff2f5b5f9e9fafff7fee2dbfdfafab5fcf4ed">[email protected]</span></a>.

(k) 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.

[[Page 7690]]

    (i) European Aviation Safety Agency (EASA) AD 2018-0132, dated 
June 21, 2018.
    (ii) [Reserved]
    (3) For EASA AD 2018-0132, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#0e4f4a7d4e6b6f7d6f206b7b7c617e6f206b7b"><span class="__cf_email__" data-cfemail="49080d3a092c283a28672c3c3b263928672c3c">[email protected]</span></a>; internet www.easa.europa.eu. You may find the 
EASA material on EASA website at https://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. This material may be 
found in the AD docket at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2021-0964.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
<a href="/cdn-cgi/l/email-protection#7b1d09551215080b1e180f1214153b151a091a551c140d"><span class="__cf_email__" data-cfemail="b7d1c599ded9c4c7d2d4c3ded8d9f7d9d6c5d699d0d8c1">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 11, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-02747 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-13-P


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