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2021-21-08 LEONARDO S.P.A.: Amendment 39-21768; Docket No. FAA-2021-0671; Project Identifier 2019-SW-036-AD.
(a) EFFECTIVE DATE

    This airworthiness directive (AD) is effective December 10, 2021.

(b) AFFECTED ADS

    None.

(c) APPLICABILITY

    This AD applies to Leonardo S.p.a.  Model AB139 and AW139 helicopters,
    certificated in any category, as identified in European Union Aviation
    Safety Agency (EASA) AD 2019-0073, dated March 28, 2019 (EASA AD  2019
    -0073).

(d) SUBJECT

    Joint Aircraft Service Component (JASC) Codes:  3097, Ice/Rain Protec-
    tion System Wiring; 6410, Tail Rotor Blades.

(e) UNSAFE CONDITION

    This AD was prompted by a  report of damage (burns) on the  tail rotor
    blades (TRBs). The FAA is issuing this AD to address damage (burns) on
    the TRBs. The unsafe condition, if not addressed, could result in loss
    of a TRB, possibly resulting in reduced control of the helicopter.

(f) COMPLIANCE

    Comply with this AD within the compliance times specified,  unless al-
    ready done.

(g) REQUIREMENTS

    Except as specified in paragraph (h)  of this AD:  Comply with all re-
    quired actions and  compliance times specified  in, and in  accordance
    with, EASA AD 2019-0073.

(h) EXCEPTIONS TO EASA AD 2019-0073

(1) Where EASA AD 2019-0073  requires compliance in terms of flight hours,
    this AD requires using hours time-in-service.

(2) Where EASA AD 2019-0073 refers to its effective date, this AD requires
    using the effective date of this AD.

(3) Where the service information required  by EASA AD 2019-0073 specifies
    returning  a part  to the manufacturer,  this AD does not include that
    requirement.

(4) This AD does not require the "Remarks" section of EASA AD 2019-0073.

(5) Where paragraph (2) of EASA AD 2019-0073 specifies to replace if there
    are burn signs or other damage,  for this AD, other damage is  defined
    as  being  consistent with  wire  overheat (e.g.,  possible  melted or
    exposed wires).

(i) NO REPORTING REQUIREMENT

    Although the service information referenced in EASA AD 2019-0073 spec-
    ifies to submit certain information to the manufacturer, this AD  does
    not include that requirement.

(j) SPECIAL FLIGHT PERMIT

    Special flight permits, as described in 14 CFR 21.197 and 21.199,  are
    not allowed.

(k) 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  (l) of  this AD.  Information may  be
    emailed to: 9-AVS-AIR-730-AMOC@faa.gov.

(2) Before using any approved AMOC,  notify your appropriate principal in-
    spector, or lacking  a principal inspector,  the manager of  the local
    flight standards district office/certificate holding district office.

(l) RELATED INFORMATION

    For more information  about this AD,  contact  Jacob Fitch,  Aerospace
    Engineer,  COS Program Management Section,  Operational Safety Branch,
    Compliance & Airworthiness Division, FAA,  10101 Hillwood Pkwy.,  Fort
    Worth, TX 76177; phone: (817) 222-4130; email: jacob.fitch@faa.gov.

(m) MATERIAL INCORPORATED BY REFERENCE

(1) The Director of the Federal Register  approved  the  incorporation  by
    reference (IBR) 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 2019-0073, dated March
    28, 2019.

(ii) [Reserved]

(3) For EASA AD 2019-0073, contact the EASA, Konrad-Adenauer-Ufer 3, 50668
    Cologne, Germany; phone: +49 221 8999 000;  email: ADs@easa.europa.eu;
    Internet: www.easa.europa.eu.  You may find  this EASA AD  on the 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 on the Internet at https://www.regulations.gov by search
    -ing for and locating Docket No. FAA-2021-0671.

(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 fedreg.legal@nara.
    gov,   or   go  to  https://www.archives.gov/federal-register/cfr/ibr-
    locations.html.

Issued on October 7, 2021. Lance T Gant, Director, Compliance & Airworthi-
ness Division, Aircraft Certification Service.

FOR FURTHER INFORMATION CONTACT: Jacob Fitch, Aerospace Engineer, COS Pro-
gram Management Section, Operational Safety Branch, Compliance & Airworth-
iness Division,  FAA,  10101 Hillwood Pkwy.,  Fort Worth, TX 76177; phone:
(817) 222-4130; email: jacob.fitch@faa.gov.
PREAMBLE 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0671; Project Identifier 2019-SW-036-AD; Amendment
39-21768; AD 2021-21-08]
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
certain Leonardo S.p.a. Model AB139 and AW139 helicopters. This AD was
prompted by a report of damage (burns) on the tail rotor blades (TRBs).
This AD requires an inspection of each TRB for the general condition
and any evidence of burns and replacement if necessary, 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 December 10, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 10,
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
phone: +49 221 8999 000; email: ADs@easa.europa.eu; internet:
www.easa.europa.eu. You may find this 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 on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0671.

Examining the AD Docket


You may examine the AD docket on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-
0671; 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, 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: Jacob Fitch, Aerospace Engineer, COS
Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; phone: (817) 222-4130; email: jacob.fitch@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0073, dated March 28, 2019
(EASA AD 2019-0073) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for 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 certain Leonardo S.p.a.
Model AB139 and AW139 helicopters. The NPRM published in the Federal
Register on August 18, 2021 (86 FR 46162). The NPRM was prompted by a
report of damage (burns) on the TRBs. The NPRM proposed to require an
inspection of each TRB for the general condition and any evidence of
burns and replacement if necessary, as specified in an EASA AD.
The FAA is issuing this AD to address damage (burns) on the TRBs.
The unsafe condition, if not addressed, could result in loss of a TRB,
possibly resulting in reduced control of the helicopter. See the MCAI
for additional background information.

Discussion of Final Airworthiness Directive

Comments

The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed, except
for minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51


EASA AD 2019-0073 requires an inspection of each TRB for the
general condition and any evidence of burns and replacement if
necessary. 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 138 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

Estimated Costs

Action Labor cost Parts cost Cost per product Cost on U.S. operators
Inspection 3 work-hours x $85 per hour = $255 (4 blades)
$0
$255
$35,190

The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The agency has no way of determining the number of aircraft
that might need these replacements:

On-Condition Costs

Action Labor cost Parts cost Cost per product
Replacement (per blade) 2 work-hours x $85 per hour = $170 $57,500 per blade $57,670 per blade

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

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: