Proposed Rule2022-24430
Airworthiness Directives; Leonardo S.p.a. Helicopters
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 10, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all Leonardo S.p.a. Model AB139 and AW139 helicopters. This proposed AD was prompted by a report of a damaged tail rotor duplex bearing (TRDB). This proposed AD would require repetitively inspecting certain TRDBs and depending on the results, replacing the TRDB or tail rotor actuator (TRA), or as an option, replacing the sliding control assembly. This proposed AD would also require replacing an affected TRDB with a serviceable TRDB at a specified threshold and prohibit the installation of certain TRDBs or sliding control assemblies on any helicopter, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 217 (Thursday, November 10, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Proposed Rules]
[Pages 67840-67842]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24430]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1419; Project Identifier MCAI-2022-01002-R]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Leonardo S.p.a. Model AB139 and AW139 helicopters. This
proposed AD was prompted by a report of a damaged tail rotor duplex
bearing (TRDB). This proposed AD would require repetitively inspecting
certain TRDBs and depending on the results, replacing the TRDB or tail
rotor actuator (TRA), or as an option, replacing the sliding control
assembly. This proposed AD would also require replacing an affected
TRDB with a serviceable TRDB at a specified threshold and prohibit the
installation of certain TRDBs or sliding control assemblies on any
helicopter, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference (IBR). The
FAA is proposing this AD to address the unsafe condition on these
products.
DATES: The FAA must receive comments on this proposed AD by December
27, 2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1419; 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, any comments received, and other
information. The street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For service information identified in this NPRM, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221
8999 000; email: <a href="/cdn-cgi/l/email-protection#6425201724010517054a0111160b14054a0111"><span class="__cf_email__" data-cfemail="6021241320050113014e0515120f10014e0515">[email protected]</span></a>. You may find this material on the
EASA website at ad.easa.europa.eu.
<bullet> 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.
FOR FURTHER INFORMATION CONTACT: Dan McCully, Program Manager, COS
Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1701 Columbia Ave., Mail Stop: ACO,
College Park, GA 30337; telephone (404) 474-5548; email
<a href="/cdn-cgi/l/email-protection#bacdd3d6d6d3dbd794d7d9d9cfd6d6c3fadcdbdb94ddd5cc"><span class="__cf_email__" data-cfemail="1d6a747171747c7033707e7e687171645d7b7c7c337a726b">[email protected]</span></a>.
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-2022-1419; Project Identifier
MCAI-2022-01002-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
this 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
<a href="http://regulations.gov">regulations.gov</a>, 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 Dan
McCully, Program Manager, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1701 Columbia
Ave., Mail Stop: ACO, College Park, GA 30337; telephone (404) 474-5548;
email <a href="/cdn-cgi/l/email-protection#0e79676262676f6320636d6d7b6262774e686f6f20696178"><span class="__cf_email__" data-cfemail="b3c4dadfdfdad2de9dded0d0c6dfdfcaf3d5d2d29dd4dcc5">[email protected]</span></a>. Any commentary that the FAA receives
that is not specifically designated as CBI will be placed in the public
docket for this rulemaking.
Background
EASA, the Technical Agent for the Member States of the European
Union, issued a series of ADs, with the most recent being EASA
Emergency AD 2022-0182-E, dated August 30, 2022 (EASA AD 2022-0182-E),
to correct an unsafe condition for all serial-numbered 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. EASA AD 2022-
0182-E defines the ``affected part'' as TRDB part number (P/N)
3G6430V00151, P/N 3G6430V00152, and P/N 3G6430V00153, the ``affected
TRA'' as TRA P/N 3G6730V00731 and P/N 3G6730V00732, and the ``affected
assembly'' as sliding control assembly P/N 3G6430A02531. EASA initially
issued EASA AD 2022-0152-E, dated July 26, 2022, which was superseded
by EASA AD 2022-0182-E.
[[Page 67841]]
This proposed AD was prompted by a report of a damaged TRDB.
According to EASA, after an investigation, it was determined that the
TRDB had been removed from a sliding control assembly and reinstalled
on another sliding control assembly, even though Aircraft Maintenance
Programme procedures do not allow reinstallation of a removed TRDB. The
FAA is proposing this AD to ensure the proper installation of a TRDB
and prevent a TRDB from remaining in service beyond its life limit. See
EASA AD 2022-0182-E for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0182-E requires repetitively inspecting certain
affected parts, and depending on the results, replacing the affected
part with a serviceable part, and for certain conditions, replacing the
affected TRA or sliding control assembly, as defined therein. EASA AD
2022-0182-E also requires replacing affected parts with serviceable
parts at specified thresholds. EASA AD 2022-0182-E also prohibits the
installation of certain TRDBs or sliding control assemblies 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.
Other Related Service Information
The FAA also reviewed Leonardo Helicopters Emergency Alert Service
Bulletin No. 139-725, Revision A, dated August 9, 2022 (EASB 139-725
Rev A). EASB 139-725 Rev A specifies procedures for inspecting for
rotation between the trunnion and pitch control rod, and applying
slippage marks; inspecting the visible areas of the TRDB (including
seals) for wear, damages, corrosion, particles, grease leakage, grease
leakage particles (including magnetic/metallic particles), and
roughness in its movement, and accomplishing a TRDB operational test.
Finally, EASB 139-725 Rev A specifies procedures for replacing a TRDB
and TRA, discarding the removed TRDB, and sending certain photos and
information to Leonardo S.p.A.
FAA's Determination
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 emergency AD. The FAA is proposing
this AD after evaluating all known relevant information and determining
that the unsafe condition described previously is likely to exist or
develop on other helicopters of the same type designs.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0182-E, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD.''
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 2022-0182-E by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0182-E in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2022-0182-E does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2022-
0182-E. Service information referenced in EASA AD 2022-0182-E for
compliance will be available at <a href="http://regulations.gov">regulations.gov</a> by searching for and
locating Docket No. FAA-2022-1419 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 80 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 proposed AD.
Inspecting the TRDB would take up to about 12 work-hours and parts
would cost about $100 for an estimated cost of up to $1,120 per
helicopter and $89,600 for the U.S. fleet, per inspection cycle. If
required, replacing a TRDB would take about 3 additional work-hours and
parts would cost about $2,100, for an estimated cost of $2,355 per
helicopter. Replacing a TRA would take about 2 additional work-hours
and parts would cost about $42,802, for an estimated cost of $42,972
per helicopter. Alternatively, replacing the sliding control assembly
would take about 6 work-hours and parts would cost about $11,500, for
an estimated cost of $12,010 per helicopter.
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 this 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.
[[Page 67842]]
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
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Leonardo S.p.a.: Docket No. FAA-2022-1419; Project Identifier MCAI-
2022-01002-R.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by December 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.
(d) Subject
Joint Aircraft Service Component (JASC) Code: 6400, Tail Rotor
System.
(e) Unsafe Condition
This AD was prompted by a report of a damaged tail rotor duplex
bearing (TRDB) that was improperly installed on a sliding control
assembly. The FAA is issuing this AD to ensure the proper
installation of a TRDB and prevent a TRDB from remaining in service
beyond its life limit. The unsafe condition, if not detected and
corrected, could lead to structural failure of the TRDB, possibly
resulting in loss of control of the helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA)
Emergency AD 2022-0182-E, dated August 30, 2022 (EASA AD 2022-0182-
E).
(h) Exceptions to EASA AD 2022-0182-E
(1) Where EASA AD 2022-0182-E requires compliance in terms of
flight hours, this AD requires using hours time-in-service (TIS).
(2) Where EASA AD 2022-0182-E refers to July 28, 2022 (the
effective date of EASA AD 2022-0152-E, dated July 26, 2022) and its
effective date, this AD requires using the effective date of this
AD.
(3) Where the service information referenced in EASA AD 2022-
0182-E specifies discarding certain parts, this AD requires removing
those parts from service.
(4) Where the service information referenced in EASA AD 2022-
0182-E specifies returning a part to the manufacturer, this AD does
not require that action.
(5) The ``Remarks'' section of EASA AD 2022-0182-E does not
apply to this AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2022-
0182-E specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
(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)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#744d5935222759353d26594347445935393b37341215155a131b02"><span class="__cf_email__" data-cfemail="d7eefa968184fa969e85fae0e4e7fa969a989497b1b6b6f9b0b8a1">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(k) Additional Information
(1) Refer to EASA AD 2022-0182-E for related information. This
EASA AD may be found in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1419.
(2) For more information about this AD, contact Dan McCully,
Program Manager, COS Program Management Section, Operational Safety
Branch, Compliance & Airworthiness Division, FAA, 1701 Columbia
Ave., Mail Stop: ACO, College Park, GA 30337; telephone (404) 474-
5548; email <a href="/cdn-cgi/l/email-protection#ec9b858080858d81c2818f8f99808095ac8a8d8dc28b839a"><span class="__cf_email__" data-cfemail="a7d0cecbcbcec6ca89cac4c4d2cbcbdee7c1c6c689c0c8d1">[email protected]</span></a>.
(l) 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 the AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) Emergency AD
2022-0182-E, dated August 30, 2022.
(ii) Reserved.
(3) For EASA AD 2022-0182-E, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; phone: +49 221 8999 000; email:
<a href="/cdn-cgi/l/email-protection#6d2c291e2d080c1e0c4308181f021d0c430818"><span class="__cf_email__" data-cfemail="c48580b784a1a5b7a5eaa1b1b6abb4a5eaa1b1">[email protected]</span></a>. You may find this material on the EASA website
at ad.easa.europa.eu.
(4) You may view this service information at 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.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: <a href="/cdn-cgi/l/email-protection#2f495d0146415c5f4a4c5b4640416f414e5d4e01484059"><span class="__cf_email__" data-cfemail="e18793cf888f9291848295888e8fa18f809380cf868e97">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on November 3, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-24430 Filed 11-9-22; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 10, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.