DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2425; Project Identifier MCAI-2023-00967-R;
Amendment 39-23009; AD 2025-07-07]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Leonardo S.p.a. Model A109C, A109E, A109S, and AW109SP helicopters.
This AD was prompted by a report of a quality escape on a batch of main
rotor blades (MRBs). This AD requires repetitively tap inspecting
certain MRBs and replacing those MRBs. This AD also prohibits
installing those MRBs, 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 May 23, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 23,
2025.

ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-2425; 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:
For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email: ADs@easa.europa.eu; website: easa.europa.eu. You may find
this 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-2024-2425.

FOR FURTHER INFORMATION CONTACT: Frank Huynh, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (404)
983-5288; email: frank.huynh@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

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 A109C, A109E, A109S, and AW109SP helicopters. The NPRM published
in the Federal Register on November 19, 2024 (89 FR 91291). The NPRM
was prompted by AD 2023-0159, dated August 10, 2023, issued by EASA,
which is the Technical Agent for the Member States of the European
Union (EASA AD 2023-0159) (also referred to as the MCAI). The MCAI
states that a report was received of a quality escape on a batch of
MRBs, where the tip cap had been replaced by following a procedure and
using tools not in accordance with Leonardo Technical Publications.
In the NPRM, the FAA proposed to require repetitively tap
inspecting certain MRBs and replacing those MRBs. The NPRM also
proposed to prohibit installing those MRBs. The FAA is issuing this AD
to prevent premature debonding of an MRB tip cap, which could lead to
the loss of the MRB tip cap in flight, possibly resulting
in loss of control of, and damage to, the helicopter, and injury to
occupants.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-2425.

Discussion of Final Airworthiness Directive

Comments

The FAA received three comments from an anonymous commenter. The
following presents the comments received on the NPRM and the FAA's
response to each comment.

Request To Allow Special Flight Permits

The commenter stated that there may be scenarios where a special
flight permit could be warranted (e.g., ferrying a helicopter to a
maintenance facility under controlled conditions). The commenter
recommended the FAA consider outlining limited circumstances under
which such permits may be granted.
The FAA agrees with the commenter's request and paragraph (j) of
this AD was revised to allow a special flight permit to operate the
helicopter to a location where the MRB replacement can be performed,
provided no passengers are onboard.

Request To Mitigate the Costs of the AD

The commenter stated that the proposed AD may impose significant
costs on operators, particularly given the high replacement costs of
$111,558 per MRB, and suggested that the FAA explore possible cost
mitigation strategies such as engaging with Leonardo S.p.a. to offset
replacement costs or providing further guidance on identifying at-risk
MRBs to minimize unnecessary replacements due to the high cost of
replacing an MRB.
The FAA infers that the commenter is requesting the FAA require the
manufacturer to share the cost of replacing an MRB as required by the
AD. The FAA, as a federal agency, is responsible for all directives,
policies, and mandates issued under its authority. The FAA does not
have the authority to require a manufacturer to bear AD costs incurred
in privately-owned aircraft. The general obligation of the operator to
maintain its aircraft in an airworthy condition is vital, but sometimes
expensive. If the manufacturer determines it will cover the cost of
implementing a particular action, then the manufacturer does so
voluntarily. Regarding the comment for the FAA to provide further
guidance on identifying at-risk MRBs, the proposed AD references EASA
AD 2023-0159 for compliance. EASA AD 2023-0159 defines the ``affected
part'' as an MRB assembly having part number 709-0103-01-111 or 709-
0104-01-111 and, narrows down that definition to 19 particular MRB
serial numbers (with or without the letter ``M'' after the serial
number) and excludes those that have been repaired in accordance with
certain procedures in the material referenced within. For an MRB with a
specified part number and serial number, records may be reviewed to
determine if the MRB is excepted by previous repair. The FAA has made
no changes to this final rule based on this comment.

Request for Clarification of the Compliance Times

The commenter stated that the proposed AD does not specify precise
compliance intervals for the tap inspections. The anonymous commenter
also stated that the EASA AD suggests intervals based on flight hours
and stated that it would be helpful for the FAA to clarify these
timelines.
The FAA infers that the commenter requested clarification of the
compliance time intervals for the tap inspections. As required by
paragraph (g) of the proposed AD, the FAA requires compliance with EASA
AD 2023-0159 in its entirety through incorporation by reference, except
for any differences identified as exceptions in the regulatory text of
the proposed AD. The intervals specified in EASA AD 2023-0159 for the
tap inspections are not suggested, they are required. EASA AD 2023-0159
states the compliance time for the tap inspection of the MRB tip caps
is within 25 flight hours (FH) of the MCAI and thereafter at intervals
not to exceed 25 FH. In the NPRM, the FAA proposed the exception that
where EASA AD 2023-0159 requires compliance in terms of FH, the AD
would require using hours time-in-service (TIS) instead. Also, in the
NPRM, the FAA proposed the exception that where EASA AD 2023-0159 uses
its effective date, the AD would require using its effective date.
Accordingly, the compliance time for the repetitive inspections is
within 25 hours TIS of the effective date of this AD, and thereafter at
intervals not to exceed 25 hours TIS. The FAA has made no changes to
this final rule based on this comment.

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 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,
considered the comments 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 products. Except for
minor editorial changes and any other changes described previously,
this AD is adopted as proposed in the NPRM. None of the changes
increase the economic burden on any operator.

Material Incorporated by Reference Under 1 CFR Part 51

The FAA reviewed EASA AD 2023-0159, which specifies repetitively
tap inspecting certain part-numbered and serial-numbered MRBs for
deficiency (debonding) of the tip cap, and depending on the results,
replacing the MRB. For affected MRBs that are not replaced as a result
of a tap inspection, EASA AD 2023-0159 specifies replacing those MRBs
within a longer compliance time. EASA AD 2023-0159 also prohibits
installing those MRBs on any helicopter.
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.

Costs of Compliance

The FAA estimates that this AD affects 19 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.
Tap inspecting the MRBs (up to four affected MRBs per helicopter)
takes up to 1 work-hour for an estimated cost of up to $85 per
helicopter and $1,615 for the U.S. fleet, per inspection cycle.
Replacing an MRB takes 4 work-hours and parts will cost $111,218 for an
estimated cost of $111,558 per MRB.

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

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 adding the following new airworthiness
directive: