[Federal Register Volume 87, Number 119 (Wednesday, June 22, 2022)]
[Rules and Regulations]
[Pages 37226-37228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13267]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0283; Project Identifier MCAI-2021-01285-R; 
Amendment 39-22070; AD 2022-11-20]
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 
certain Leonardo S.p.a. Model AB139 and AW139 helicopters. This AD was 
prompted by a large crack detected on the tail gearbox (TGB) fitting 
during a scheduled inspection and the determination that certain TGB 
fittings are required to be inspected by the use of a borescope. This 
AD requires a one-time borescope inspection of certain part-numbered 
TGB fittings, and depending on the inspection results, removing the 
affected part from service and replacing with an airworthy part, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is incorporated by reference (IBR). The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective July 27, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 27, 
2022.

ADDRESSES: For EASA material incorporated by reference (IBR) in this 
final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#9cddd8efdcf9fdeffdb2f9e9eef3ecfdb2f9e9"><span class="__cf_email__" data-cfemail="57161324173236243679322225382736793222">[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. For service information identified in 
this final rule, contact Leonardo S.p.A. Helicopters, 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 
https://customerportal.leonardocompany.com/en-US/. 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. Service information that is IBRed is also available in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0283.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0283; 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: Andrea Jimenez, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; telephone (516) 228-7330; email <a href="/cdn-cgi/l/email-protection#f899969c8a9d99d69291959d969d82b89e9999d69f978e"><span class="__cf_email__" data-cfemail="d3b2bdb7a1b6b2fdb9babeb6bdb6a993b5b2b2fdb4bca5">[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 2021-0259, dated November 17, 2021, 
and corrected November 22, 2021 (EASA AD 2021-0259), to correct an 
unsafe condition for Leonardo S.p.A. Helicopters, formerly Finmeccanica 
S.p.A, AgustaWestland S.p.A., Agusta S.p.A.; and AgustaWestland 
Philadelphia Corporation, formerly Agusta Aerospace Corporation, Model 
AB139 and AW139 helicopters, all serial numbers.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Leonardo S.p.a. 
Model AB139 and AW139 helicopters. The NPRM published in the Federal 
Register on March 21, 2022 (87 FR 15899). The NPRM was prompted by a 
large crack that was detected on the inner forward-right side of TGB 
fitting part number 3G5351A01151, that was discovered during a 
scheduled inspection of a Model AW139 helicopter. EASA advises that 
investigation results determined previous inspections on the inner-
right side of the TGB fitting were accomplished without the use of a 
boroscope. The NPRM proposed to require a one-time borescope inspection 
of certain part-numbered TGB fittings, and depending on the inspection 
results, removing the affected part from service and replacing with an 
airworthy part, as specified in EASA AD 2021-0259.

[[Page 37227]]

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

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 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. This AD is adopted as proposed in the 
NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0259 specifies procedures, within the applicable 
compliance times, for a one-time borescope inspection of certain TGB 
fittings for a crack or any discrepancy, and replacement of an affected 
part with a new part as specified in the manufacturer's service 
information.
    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.

Other Related Service Information

    The FAA also reviewed Leonardo Helicopters Alert Service Bulletin 
No.139-686, dated November 8, 2021 (ASB 139-686). This service 
information specifies procedures for borescope inspecting the right-
hand and forward parts of certain TGB fittings for any cracks or damage 
and replacing the TGB fitting with a new one, if any cracks or damage 
are detected. ASB 139-686 also specifies procedures for reporting 
inspection results if a crack or discrepancy is detected.

Differences Between This AD and EASA AD 2021-0259

    EASA AD 2021-0259 applies to Model AB139 and AW139 helicopters, all 
serial numbers, whereas this AD only applies to Model AB139 and AW139 
helicopters with certain part-numbered TGB fittings installed. This AD 
does not require compliance with paragraph (3) of EASA AD 2021-0259.
    Service information referenced in EASA AD 2021-0259 specifies that 
if any crack or damage is found, replace the damaged TGB fitting with a 
new one, whereas this AD requires before further flight, removing the 
affected TGB fitting from service and replacing with an airworthy part.

Costs of Compliance

    The FAA estimates that this AD affects 129 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.
    Borescope inspecting the TGB fitting for a crack and any 
discrepancy (i.e., damage) takes about 4 work-hours for an estimated 
cost of $340 per helicopter and $43,860 for the U.S. fleet.
    Replacing the TGB fitting with an airworthy TGB fitting takes about 
36 work-hours and parts cost about $6,650 for an estimated cost of 
$9,710 per 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

    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:

2022-11-20 Leonardo S.p.a.: Amendment 39-22070; Docket No. FAA-2022-
0283; Project Identifier MCAI-2021-01285-R.

(a) Effective Date

    This airworthiness directive (AD) is effective July 27, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB139 and AW139 
helicopters, certificated in any category, with an affected part as 
identified in European Union Aviation Safety Agency (EASA) AD 2021-
0259, dated November 17, 2021, and corrected November 22, 2021 (EASA 
AD 2021-0259).

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 5300, Fuselage 
Structure.

(e) Unsafe Condition

    This AD was prompted by a large crack detected on the tail 
gearbox (TGB) fitting during a scheduled inspection and the 
determination that certain TGB fittings are required to be inspected 
by the use of a borescope. The FAA is issuing this AD to detect 
cracks on the TGB fitting. The unsafe condition, if not addressed, 
could result in crack propagation up to a critical length, reduced 
load capability of the TGB and tail rotor, and subsequent reduced 
control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and

[[Page 37228]]

compliance times specified in, and in accordance with, EASA AD 2021-
0259.

(h) Exceptions to EASA AD 2021-0259

    (1) Where EASA AD 2021-0259 requires compliance in terms of 
flight hours (FH), this AD requires using hours time-in-service.
    (2) Where EASA AD 2021-0259 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2021-0259 specifies 
``inspect, using a borescope, the affected part in accordance with 
the instructions of Section 3 Part I of the ASB,'' for this AD 
replace ``in accordance with the instructions of Section 3 Part I of 
the ASB'' with ``in accordance with the Accomplishment Instructions, 
Section 3 Part I, paragraphs 5. through 5.5 of the ASB.''
    (4) Where paragraph (2) of EASA AD 2021-0259 specifies ``if, 
during the inspection as required by paragraph (1) this AD, a crack 
or any discrepancy is detected, replace the affected part in 
accordance with the instructions of Section 3 Part II of the ASB,'' 
this AD requires before further flight, removing the TGB fitting 
from service and replacing with an airworthy part, if any crack or 
discrepancy is detected. For this AD, discrepancies include damage, 
which includes scratches and dents on the outer surfaces of the 
forward and right-hand sides of the TGB fitting above the horizontal 
row of fastener holes. The instructions specified in paragraph (2) 
of EASA AD 2021-0259 are for reference only and are not required for 
the replacement required by this paragraph.
    (5) Where paragraph (4) of EASA AD 2021-0259 allows 
(re)installing an affected part provided it is inspected as required 
by paragraph (1) of EASA AD 2021-0259, for this AD, the inspected 
part cannot be (re)installed if any crack or discrepancy is 
detected.
    (6) This AD does not mandate compliance with paragraph (3) of 
EASA AD 2021-0259.
    (7) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2021-0259.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199, provided no passengers are onboard.

 (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. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#dae3f79b8c89f79b9388f7ede9eaf79b9795999abcbbbbf4bdb5ac"><span class="__cf_email__" data-cfemail="d8e1f5998e8bf599918af5efebe8f59995979b98beb9b9f6bfb7ae">[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.

(k) Related Information

    (1) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email <a href="/cdn-cgi/l/email-protection#63020d071106024d090a0e060d0619230502024d040c15"><span class="__cf_email__" data-cfemail="d5b4bbb1a7b0b4fbbfbcb8b0bbb0af95b3b4b4fbb2baa3">[email protected]</span></a>.
    (2) For service information 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#a8e9ecdbe8cdc9dbc986cddddac7d8c986cddd"><span class="__cf_email__" data-cfemail="b7f6f3c4f7d2d6c4d699d2c2c5d8c7d699d2c2">[email protected]</span></a>; internet www.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. This material may be found in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0283.

(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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0259, 
dated November 17, 2021, and corrected November 22, 2021.
    (ii) [Reserved]
    (3) 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 FAA-2022-0283.
    (4) 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#c6a0b4e8afa8b5b6a3a5b2afa9a886a8a7b4a7e8a1a9b0"><span class="__cf_email__" data-cfemail="dbbda9f5b2b5a8abbeb8afb2b4b59bb5baa9baf5bcb4ad">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 25, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-13267 Filed 6-21-22; 8:45 am]
BILLING CODE 4910-13-P


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