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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 Novem-
    ber 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 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 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 in-
    spection  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: 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.

(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 andrea.jimenez@faa
    .gov.

(2) For service information identified in this AD,  contact EASA , Konrad-
    Adenauer-Ufer 3,  50668 Cologne, Germany;  telephone +49 221 8999 000;
    email ADs@easa.europa.eu; 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 Novem-
    ber 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 fr.inspection@nara
    .gov,  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.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez,  Aerospace Engineer,  COS
Program Management Section,  Operational Safety Branch,  Compliance & Air-
worthiness Division, FAA, 1600 Stewart Ave, Suite 410, Westbury, NY 11590;
telephone (516) 228-7330; email andrea.jimenez@faa.gov.
PREAMBLE 

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 ADs@easa.europa.eu; 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 andrea.jimenez@faa.gov.

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.

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

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: