DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0773; Project Identifier MCAI-2023-00256-R]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2021-22-05, which applies to all Leonardo S.p.a. (Leonardo) Model A119
and AW119 MKII helicopters. AD 2021-22-05 requires repetitively
inspecting certain torque tube assemblies for any deficiency and
corrective action if necessary, and replacing any affected part with a
serviceable part, which is 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
proposed AD would retain certain requirements specified in AD 2021-22-
05, reduce the applicability to include helicopters with only affected part-numbered
collective torque tube assemblies, reduce the inspection intervals, and
remove the previously approved terminating action as specified in a
European Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation by reference. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by May 28, 2024.

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-2024-0773; 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 NPRM, 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 NPRM, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; internet 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 Pkwy., Room 6N-321,
Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call (817) 222-5110. The EASA material is also
available at regulations.gov under Docket No. FAA-2024-0773.
Other Related Service Information: For Leonardo service information
identified in this NPRM, 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/. You may also view this
service information at the FAA contact information under Material
Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer,
FAA,1600 Stewart Ave., Suite 410, Westbury, NY 11590; phone: (781) 238-
7241; email: Sungmo.D.Cho@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2024-0773; Project Identifier
MCAI-2023-00256-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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
the proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to
Sungmo Cho, Aviation Safety Engineer, FAA, 1600 Stewart Ave., Suite
410, Westbury, NY 11590; phone: (781) 238-7241; email:
Sungmo.D.Cho@faa.gov. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

The FAA issued AD 2021-22-05, Amendment 39-21778 (86 FR 67301,
November 26, 2021) (AD 2021-22-05), for all Leonardo Model A119 and
AW119 MKII helicopters. AD 2021-22-05 was prompted by MCAI originated
by EASA, which is the Technical Agent for the Member States of the
European Union. EASA issued EASA AD 2021-0096, dated March 31, 2021
(EASA AD 2021-0096), to address an unsafe condition on Leonardo S.p.A.
Model A119 and AW119 MKII helicopters, all serial numbers. EASA AD
2021-0096 stated that there were reports of abnormal play on the
collective torque tube on two Model AW119 MKII helicopters.
Investigations revealed that these events were due to an erroneous
manufacturing process, affecting certain collective torque tube
assemblies; those affected batch numbers were identified. Leonardo
Model A119 helicopters are similar in design and may be subject to the
same unsafe condition revealed on the Model AW119 MKII helicopters.
AD 2021-22-05 requires 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.

Actions Since AD 2021-22-05 Was Issued

Since AD 2021-22-05 was issued, there have been reports of abnormal
play on additional torque tube assemblies. EASA, which is the Technical
Agent for the Member States of the European Union, has issued
superseding EASA AD 2023-0035, dated February 10, 2023 (EASA AD 2023-
0035) (also referred to as the MCAI), to correct an unsafe condition
for Leonardo Model A119 and AW119MKII helicopters up to serial number
14999 inclusive.
This proposed AD 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 service
information 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. The FAA is proposing
this AD to address abnormal play on additional collective torque tubes,
which could result in reduced control of the helicopter, resulting in a
forced landing and consequent damage to the helicopter and injury to
occupants. See EASA AD 2023-0035 for additional background information.

Related Service Information 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 Service Information

The FAA reviewed Leonardo Helicopters Alert Service Bulletin (ASB)
No. 119-098, Revision B, dated January 25, 2023 (ASB 119-098, Revision
B). This ASB specifies procedures for inspecting the collective torque
tube assembly for abnormal play and specifies instructions for
replacing affected parts.

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

Proposed AD Requirements in This NPRM

This proposed AD would reduce the applicability to include
helicopters with only affected all part-numbered collective torque tube
assemblies, retain certain requirements of AD 2021-22-05, and require
accomplishing the actions specified in EASA AD 2023-0035, described
previously, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed AD and the MCAI.''

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, the
FAA proposes to incorporate EASA AD 2023-0035 by reference in the FAA
final rule. Service information required by EASA AD 2023-0035 for
compliance will be available at regulations.gov by searching for and
locating Docket No. FAA-2024-0773 after the FAA final rule is
published.

Differences Between This Proposed AD and the MCAI or the Service
Information

Where the service information 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 proposed AD
would require those actions.
Instead of paragraph (4) of EASA AD 2023-0035, which allows credit
for the initial inspection and corrective action, as applicable for
that helicopter, r accomplished before the effective date of EASA AD
2023-0035 using ASB 119-098, Revision B, this proposed AD would allow
credit for the following, as applicable.
The inspections required by paragraph (1) of EASA AD 2023-
0035 that have been accomplished before the effective date of the final
rule using Leonardo Helicopters Alert Service Bulletin (ASB) No. 119-
098, dated March 13, 2019 (ASB 119-098, original issue); or Leonardo
Helicopters ASB No. 119-098, Revision A, dated March 31, 2021 (ASB 119-
098, Revision A), as applicable for the batch numbers identified
within.
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 the final rule using ASB 119-
098, original issue; or ASB 119-098, Revision A.

Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would
affect 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 proposed AD.
Inspecting the torque tube assembly inspection would take 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 would be required based on the results of the
proposed inspections. The agency has no way of determining the number
of helicopters that might need these repairs.
If required, replacing the torque tube assembly would take about 16
work-hours and parts would 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
proposed 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 determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 the proposed
regulation:

(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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 Proposed Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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]

2. The FAA amends Sec. 39.13 by:

a. Removing Airworthiness Directive 2021-22-05, Amendment 39-21778 (86
FR 67301, November 26, 2021); and

b. Adding the following new airworthiness directive: