DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1894; Project Identifier MCAI-2022-00334-R;
Amendment 39-22635; AD 2023-25-08]
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 all
Leonardo S.p.a. Model A109E, A109S, AW109SP, A119, and AW119 MKII
helicopters. This AD was prompted by multiple reports of excessive
axial play on the ball bearing of the lower half of the main rotor (MR)
rotating scissor assembly. This AD requires one-time scissor coupling
and axial play inspections and repetitive quantitative axial play
inspections and, depending on the results, additional inspections and
replacing certain parts. This AD also requires reporting information
and prohibits installing certain parts unless certain inspections have
been accomplished. These requirements are 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 February 2, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 2,
2024.

ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1894; 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, 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 final rule, 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 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. It is also available in
the AD docket at regulations.gov under Docket No. FAA-2023-1894.
Other Related Service Information: For Leonardo Helicopters 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) 0031-229046; 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: Jared Hyman, Aviation Safety Engineer,
FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (781)
238-7799; email 9-AVS-AIR-BACO-COS@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 A109E, A109S, AW109SP, A119, and AW119 MKII helicopters. The NPRM
published in the Federal Register on October 3, 2023 (88 FR 67999). The
NPRM was prompted by EASA AD 2022-0037, dated March 7, 2022; corrected
March 15, 2022 (EASA AD 2022-0037), issued by EASA, which is the
Technical Agent for the Member States of the European Union. EASA AD
2022-0037 states that there have been multiple reports of excessive
axial play on the ball bearing of the lower half of the MR rotating
scissor assembly. In some cases, this resulted in dislodgement of the
ball bearing from its seat.
In the NPRM, the FAA proposed to require one-time MR rotating
scissor coupling and axial play inspections and
repetitive quantitative axial play inspections and, depending on the
results, additional inspections and replacing certain parts. The NPRM
also proposed to require reporting information and prohibit installing
certain parts unless certain inspections have been accomplished. The
FAA is issuing this AD to detect and address any excessive axial play
of the MR rotating scissor assembly. The unsafe condition, if not
addressed, could result in failure of the MR rotating scissor assembly,
loss of control of the helicopter, and subsequent damage to the
helicopter and injury to occupants. See EASA AD 2022-0037 for
additional background information.
You may examine EASA AD 2022-0037 in the AD docket at
regulations.gov under Docket No. FAA-2023-1894.

Discussion of Final Airworthiness Directive

Comments

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

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
its AD referenced above. 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 products.

Related Service Information Under 1 CFR Part 51

The FAA reviewed EASA AD 2022-0037 which requires, for certain
applicable model helicopters, accomplishing one-time MR rotating
scissor coupling and axial play checks. Depending on the results, EASA
AD 2022-0037 requires repetitively measuring the axial play or
replacing certain parts. For all applicable model helicopters, EASA AD
2022-0037 requires accomplishing repetitive qualitative and
quantitative axial play checks and, depending on the results,
repetitively measuring the axial play or replacing certain parts.
Furthermore, EASA AD 2022-0037 requires reporting certain information
to the manufacturer and prohibits installing certain parts on any
helicopter unless the part has passed required inspections.
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. 109EP-177, Leonardo Helicopters ASB No. 109S-105, Leonardo
Helicopters ASB No. 109SP-149, and Leonardo Helicopters ASB No. 119-
111, each Revision A and dated March 3, 2022. This service information
specifies procedures for inspecting the MR rotating scissor coupling
and axial play, measuring the axial play, inspecting the qualitative
axial play, inspecting the quantitative axial play, and replacing
components of the MR rotating scissor assembly (scissor bracket flange
assembly, rotary scissor sleeve, lower scissor lever assembly, and
upper scissor lever assembly) and bushings.

Differences Between This AD and the EASA AD

EASA AD 2022-0037 applies to Model A109LUH helicopters, whereas
this AD does not because that model is not FAA-type certificated. EASA
AD 2022-0037 refers to several actions as a ``check,'' whereas this AD
refers to those actions as an ``inspection'' instead because those
actions must be accomplished by persons authorized under 14 CFR 43.3.
EASA AD 2022-0037 requires discarding certain parts, whereas this AD
requires removing those parts from service instead.
Service information referenced in EASA AD 2022-0037 specifies to
contact Leonardo Helicopters for instructions as a result of certain MR
rotating scissor maximum torque force check (inspection) results,
whereas this AD requires accomplishing corrective action in accordance
with a method approved by the FAA, EASA, or Leonardo S.p.a.
Helicopters' EASA Design Organization Approval. EASA AD 2022-0037
requires interpreting the MR rotating scissor coupling and axial play
inspection results (PASSED or FAILED) by using its required service
information, whereas this AD requires interpreting those results by
using tables in the body of this AD and recorded results of certain
inspections. Furthermore, if the scissor coupling inspection result is
an ``UNCERTAIN RESULT,'' the service information referenced in EASA AD
2022-0037 specifies contacting Leonardo Helicopters, whereas this AD
considers an ``UNCERTAIN RESULT'' as ``FAILED.''
EASA AD 2022-0037 requires accomplishing repetitive qualitative
axial play checks, whereas this AD does not. EASA AD 2022-0037 requires
quantitative axial play checks within intervals not to exceed 200
flight hours, whereas this AD requires quantitative axial play
inspections within intervals not to exceed 55 hours time-in-service.
The service information referenced in EASA AD 2022-0037 cautions that
only approved personnel are permitted to perform the bushing
replacement, whereas this AD does not include that caution.

Costs of Compliance

The FAA estimates that this AD affects 204 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.
The one-time MR rotating scissor coupling and axial play
inspections will take approximately 2 work-hours for an estimated cost
of $170 per helicopter and up to $34,680 for the U.S. fleet.
A quantitative axial play inspection will take approximately 1
work-hour for an estimated cost of $85 per helicopter and $17,340 for
the U.S. fleet per inspection cycle.
Measuring the axial play will take approximately 1 work-hour for an
estimated cost of $85 per helicopter and $17,340 for the U.S. fleet per
inspection cycle.
Certain corrective action that may be needed as a result of an
inspection can vary significantly from helicopter to helicopter. The
FAA has no data to determine the costs to accomplish the corrective
action or the number of helicopters that may require corrective action.
Replacing the scissor bracket flange assembly will take
approximately 4 work-hours and parts will cost approximately $8,099-
11,574 (depending on part number) for an estimated cost of $8,439-
11,914 per replacement. Alternatively, replacing its bushings will take
approximately 2 work-hours and parts will cost approximately $225 for
an estimated cost of $395 per replacement.
Replacing each rotary scissor sleeve will take approximately 2
work-hours and parts will cost approximately $565 for an estimated cost
of $735 per replacement.
Replacing the lower scissor lever assembly (including the washer
and retaining bolt) will take 2 work-hours and parts will cost
approximately $3,308-3,385 (depending on part number) for an estimated
cost of $3,478-3,555 per replacement. Alternatively, replacing its
bushings will take approximately 2 work-hours and parts will cost
approximately $225 for an estimated cost of $395 per replacement.
Replacing the upper scissor lever assembly will take approximately
2 work-hours and parts will cost approximately $2,219-3,015 (depending
on part number) for an estimated cost of $2,389-3,185 per replacement.
Alternatively, replacing its bushings will take approximately 2 work-
hours and parts will cost approximately $225 for an estimated cost of
$395 per replacement.
Reporting the inspection results to the manufacturer will take
approximately 1 work-hour for an estimated cost of $85 per report.
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.

Paperwork Reduction Act

A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

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: