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[Federal Register Volume 90, Number 1 (Thursday, January 2, 2025)]
[Rules and Regulations]
[Pages 17-20]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31511]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2719; Project Identifier MCAI-2024-00664-R; 
Amendment 39-22923; AD 2024-26-08]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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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 reports of broken main landing gear (MLG) shock absorber piston rod 
eye ends. This AD requires repetitively inspecting the MLG shock 
absorber piston rod eye ends, reporting the results of the inspection, 
and, depending on the results, replacing the MLG shock absorber 
assembly. It also prohibits installing certain MLG shock absorber 
assemblies unless specific requirements are met, as 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 January 17, 2025.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 17, 
2025.
    The FAA must receive comments on this AD by February 18, 2025.

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-2024-2719; 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 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: [email protected]; website: 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 Parkway, 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-2024-2719.

FOR FURTHER INFORMATION CONTACT: Adam Hein, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (316) 
946-4116; email: [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 18]]

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2024-2719; Project 
Identifier MCAI-2024-00664-R'' at the beginning of your comments. The 
most helpful comments reference a specific portion of the final rule, 
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 this final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Adam 
Hein, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590. 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, has issued a series of ADs, the most recent being EASA 
Emergency AD 2024-0211-E, dated November 7, 2024 (EASA Emergency AD 
2024-0211-E) (also referred to as the MCAI), to correct an unsafe 
condition on all Leonardo S.p.a. Model AB139 and AW139 helicopters. The 
MCAI states that there have been reports of broken MLG shock absorber 
piston rod eye ends and the consequent investigation determined that 
the cause was fatigue cracking. The FAA is issuing this AD to address 
fatigue cracking of the MLG shock absorber piston rod eye ends. The 
unsafe condition, if not detected and corrected, could result in 
structural failure of the MLG possibly resulting in damage to the 
helicopter and injury to occupants.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-2719.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed EASA Emergency AD 2024-0211-E, which requires 
repetitive ultrasonic inspections of the piston rod eye ends of MLG 
shock absorber assembly having part number (P/N) 3G3210V00333 or P/N 
3G3210V01031 (vendor P/N 1654B0000-01 or P/N 1654C0000-01 respectively) 
and, depending on findings, replacing the MLG shock absorber assembly. 
EASA Emergency AD 2024-0211-E also requires reporting the inspection 
results to Leonardo. Lastly, EASA Emergency AD 2024-0211-E prohibits 
installing an affected MLG shock absorber assembly on any helicopter 
unless its requirements are met.
    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.

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 this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI referenced above. The FAA is issuing this AD after determining 
that the unsafe condition described previously is likely to exist or 
develop on other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the MCAI, 
described previously, except for any differences identified as 
exceptions in the regulatory text of this AD.

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, 
EASA Emergency AD 2024-0211-E is incorporated by reference in this AD. 
This AD requires compliance with EASA Emergency AD 2024-0211-E in its 
entirety through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this AD. Using 
common terms that are the same as the heading of a particular section 
in EASA Emergency AD 2024-0211-E 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 Emergency AD 
2024-0211-E. Material required by EASA Emergency AD 2024-0211-E for 
compliance will be available at regulations.gov under Docket No. FAA-
2024-2719 after this AD is published.

Interim Action

    The FAA considers that this AD is an interim action. If final 
action is later identified, the FAA might consider further rulemaking 
then.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 
551 et seq.) authorizes agencies to dispense with notice and comment 
procedures for rules when the agency, for ``good cause,'' finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because the MLG shock absorber assembly is part of an assembly that is 
critical to the control of a helicopter during landings, which is a 
critical phase of flight. The FAA has no information pertaining to the 
extent of fatigue damage in MLG shock absorber piston rod eye ends that 
may currently exist in helicopters or how quickly the

[[Page 19]]

condition may propagate to failure, therefore, the initial instance of 
the inspections must be accomplished within 10 to 100 hours time-in-
service, a time period of approximately 10 days to three months based 
on the average flight-hour utilization rates of these helicopters. 
Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 144 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.
    Inspecting the MLG shock absorber piston rod takes 1 work-hour for 
a cost of $85 per helicopter and $12,240 for the U.S. fleet, per 
inspection cycle. Reporting the results takes 1 work-hour for a cost of 
$85 per helicopter and $12,240 for the U.S. fleet, per inspection 
cycle.
    If required, replacing a MLG shock absorber assembly takes 20 work-
hours and parts cost up to $39,105 for a cost of up to $40,805 per 
assembly.
    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.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to take 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2024-26-08 Leonardo S.p.a. Helicopters: Amendment 39-22923; Docket 
No. FAA-2024-2719; Project Identifier MCAI-2024-00664-R.

(a) Effective Date

    This airworthiness directive (AD) is effective January 17, 2025.

(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 3210, Main Landing 
Gear.

(e) Unsafe Condition

    This AD was prompted by reports of broken main landing gear 
(MLG) shock absorber piston rod eye ends. The FAA is issuing this AD 
to address fatigue cracking of the MLG shock absorber piston rod eye 
ends. The unsafe condition, if not addressed, could result in 
structural failure of the MLG 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) Definition

    For the purpose of this AD, a landing is counted anytime the 
helicopter lifts off into the air and then lands again regardless of 
the duration of the landing and regardless of whether the engine is 
shutdown.

(h) Requirements

    Except as specified in paragraph (i) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with European Union Aviation Safety Agency Emergency AD 
2024-0211-E, dated November 7, 2024 (EASA Emergency AD 2024-0211-E).

(i) Exceptions to EASA Emergency AD 2024-0211-E

    (1) Where EASA Emergency AD 2024-0211-E requires compliance in 
terms of flight hours, this AD requires using hours time-in-service.
    (2) Where EASA Emergency AD 2024-0211-E refers to its effective 
date, this AD requires using the effective date of this AD.

[[Page 20]]

    (3) Where Note 2 of EASA Emergency AD 2024-0211-E specifies 
procedures for calculating the number of landings if the number of 
landings since new is not known: if the ``FH'' (total hours time-in-
service) accumulated on the affected part, as defined in EASA 
Emergency AD 2024-0211-E, cannot be determined, this AD requires 
using the total hours-time-in-service on the helicopter for that 
calculation.
    (4) Where paragraph (1) of EASA Emergency AD 2024-0211-E 
specifies accomplishing special detailed inspections (SDIs), this AD 
requires the landing gear in the fully extended position for the 
SDIs.
    (5) Where paragraph (1) of EASA Emergency AD 2024-0211-E 
specifies accomplishing SDIs and the material referenced in EASA 
Emergency AD 2024-0211-E specifies that the ultrasonic testing 
inspections must be performed by personnel qualified in accordance 
with the non-destructive testing requirements of EN4179/NAS410 for 
Level II or higher, or of an equivalent standard recognized by the 
competent authority, this AD requires the ultrasonic testing 
inspections be accomplished by a Level II or Level III inspector 
certified in the FAA-acceptable standards for nondestructive 
inspection personnel.

    Note 1 to paragraph (i)(5):  Advisory Circular 65-31B contains 
examples of FAA-acceptable Level II and Level III qualification 
standards criteria for inspection personnel doing nondestructive 
test inspections.

    (6) Where paragraph (2) of EASA Emergency AD 2024-0211-E states 
``discrepancies, as identified in the EASB, are,'' this AD requires 
replacing that text with ``a cracked or broken piston rod eye end, 
or an ultrasonic testing inspection indication equal to or greater 
than 80% full screen height (FSH) within the recording gate, as 
defined in the material referenced in EASA Emergency AD 2024-0211-E, 
of an upper or lower piston rod eye end, is.''
    (7) Where the material referenced in EASA Emergency AD 2024-
0211-E specifies sending parts to Leonardo Helicopters [LH], this AD 
does not require that action.
    (8) Where paragraph (3) of EASA Emergency AD 2024-0211-E allows 
credit for the initial instance of the (ultrasonic testing) 
inspection required by paragraph (1) of EASA Emergency AD 2024-0211-
E, this AD allows that credit if the ultrasonic testing inspection 
that was previously done was accomplished by a Level II or Level III 
inspector certified in the FAA-acceptable standards for 
nondestructive inspection personnel.

    Note 2 to paragraph (i)(8):  Advisory Circular 65-31B contains 
examples of FAA-acceptable Level II and Level III qualification 
standards criteria for inspection personnel doing nondestructive 
test inspections.

    (9) Where paragraph (5) of EASA Emergency AD 2024-0211-E 
specifies reporting inspection results to Leonardo within 10 days 
after accomplishment of any inspection required by paragraph (1) of 
EASA Emergency AD 2024-0211-E, this AD requires reporting inspection 
results of each instance of the inspection required by paragraph (1) 
of EASA Emergency AD 2024-0211-E at the applicable compliance times 
specified in paragraph (i)(9)(i) or (ii) of this AD. This AD does 
not require submitting information to Liebherr.
    (i) For an inspection done on or after the effective date of 
this AD: Submit the report within 10 days after the inspection.
    (ii) For an inspection done before the effective date of this 
AD: Submit the report within 10 days after the effective date of 
this AD.
    (10) This AD does not adopt the ``Remarks'' section of EASA 
Emergency AD 2024-0211-E.

(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 manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (k)(1) of 
this AD and email to: [email protected].
    (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

    (1) For more information about this AD, contact Adam Hein, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (316) 946-4116; email: [email protected].
    (2) For advisory circular material identified in this AD that is 
not incorporated by reference, go to faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentID/1023552.

(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) Emergency AD 
2024-0211-E, dated November 7, 2024.
    (ii) [Reserved]
    (3) For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: [email protected]; website: 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 Parkway, 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 December 23, 2024.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-31511 Filed 12-30-24; 11:15 am]
BILLING CODE 4910-13-P
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