Rule2023-10996
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
May 23, 2023
Effective
June 7, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Emergency Airworthiness Directive (AD) 2023-07-51, which applied to all Leonardo S.p.a. Model AB139 and AW139 helicopters and which was previously sent to all known U.S. owners and operators of those helicopters. Emergency AD 2023-07-51 required inspecting for a gap between the main rotor (M/R) pitch link upper rod end assembly bearing and the pitch control lever assembly and, depending on the results, replacing or re-identifying the M/R pitch link upper rod end assembly. Emergency AD 2023-07-51 also prohibited installing an affected M/R pitch link upper rod end assembly. Since the FAA issued Emergency AD 2023-07-51, it has been determined that a gap between the M/R pitch link upper rod end assembly bearing and the pitch control lever assembly that is within a certain dimension tolerance is acceptable. This AD continues to require the actions in Emergency AD 2023-07-51, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference in this AD, but allows a gap of less than 0.5 mm. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 99 (Tuesday, May 23, 2023)</title>
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[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Rules and Regulations]
[Pages 32956-32959]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10996]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1049; Project Identifier AD-2023-00591-R;
Amendment 39-22441; AD 2023-10-05]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is superseding Emergency Airworthiness Directive (AD)
2023-07-51, which applied to all Leonardo S.p.a. Model AB139 and AW139
helicopters and which was previously sent to all known U.S. owners and
operators of those helicopters. Emergency AD 2023-07-51 required
inspecting for a gap between the main rotor (M/R) pitch link upper rod
end assembly bearing and the pitch control lever assembly and,
depending on the results, replacing or re-identifying the M/R pitch
link upper rod end assembly. Emergency AD 2023-07-51 also prohibited
installing an affected M/R pitch link upper rod end assembly. Since the
FAA issued Emergency AD 2023-07-51, it has been determined that a gap
between the M/R pitch link upper rod end assembly bearing and the pitch
control lever assembly that is within a certain dimension tolerance is
acceptable. This AD continues to require the actions in Emergency AD
2023-07-51, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is incorporated by reference in this AD, but allows a
gap of less than 0.5 mm. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective June 7, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 7,
2023.
The FAA must receive comments on this AD by July 7, 2023.
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-2023-1049; 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 street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For EASA material that is incorporated by reference in
this final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#a9e8eddae9ccc8dac887ccdcdbc6d9c887ccdc"><span class="__cf_email__" data-cfemail="e0a1a493a085819381ce8595928f9081ce8595">[email protected]</span></a>; internet
easa.europa.eu. You may find the EASA 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. It is also available at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1049.
Other Related Service Information: For Leonardo Helicopters service
information that is identified in this final rule, contact Leonardo
S.p.A., 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 <a href="http://customerportal.leonardocompany.com/en-US/">customerportal.leonardocompany.com/en-US/</a>. You
may also view this service information at the FAA contact information
under Material Incorporated by Reference above.
FOR FURTHER INFORMATION CONTACT: Dan McCully, Program Manager,
International Validation Branch, FAA, 1600 Stewart Ave., Suite 410,
Westbury, NY 11590; telephone (404) 474-5548; email
<a href="/cdn-cgi/l/email-protection#a3d4cacfcfcac2ce8dcec0c0d6cfcfdae3c5c2c28dc4ccd5"><span class="__cf_email__" data-cfemail="cbbca2a7a7a2aaa6e5a6a8a8bea7a7b28badaaaae5aca4bd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-1049; Project Identifier AD-
2023-00591-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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 final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Dan
McCully, Program Manager, International Validation Branch, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (404) 474-5548;
email <a href="/cdn-cgi/l/email-protection#3d4a545151545c5013505e5e485151447d5b5c5c135a524b"><span class="__cf_email__" data-cfemail="cfb8a6a3a3a6aea2e1a2acacbaa3a3b68fa9aeaee1a8a0b9">[email protected]</span></a>. Any commentary that the FAA receives
which is not specifically designated as CBI will be placed in the
public docket for this rulemaking.
Background
The FAA issued Emergency AD 2023-07-51 on March 31, 2023, to
address an unsafe condition on all Leonardo S.p.a. Model AB139 and
AW139 helicopters.
[[Page 32957]]
The FAA sent Emergency AD 2023-07-51 to all known U.S. owners and
operators of those helicopters.
Emergency AD 2023-07-51 required inspecting for a gap between the
M/R pitch link upper rod end assembly bearing and the pitch control
lever assembly and, depending on the results, replacing or re-
identifying the M/R pitch link upper rod end assembly. Emergency AD
2023-07-51 also prohibited installing an affected M/R pitch link upper
rod end assembly.
Emergency AD 2023-07-51 was prompted by EASA Emergency AD 2023-
0071-E, dated March 31, 2023 (EASA AD 2023-0071-E), issued by EASA,
which is the Technical Agent for the Member States of the European
Union. EASA advises of a report of excessive play of a bearing
installed in an M/R pitch link upper rod end assembly part number (P/N)
3G6230A01133. EASA also advises that subsequent investigation revealed
that the excessive play was due to incorrect installation of the
bearing during production. You may examine EASA AD 2023-0071-E in the
AD docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1049.
The FAA issued Emergency AD 2023-07-51 to detect incorrect
installation of a bearing. This condition, if not addressed, could
result in a crack in the M/R pitch link upper rod end assembly, failure
of the M/R pitch link upper rod end assembly, and subsequent loss of
control of the helicopter.
Actions Since Emergency AD 2023-07-51 Was Issued
Since the FAA issued Emergency AD 2023-07-51, Leonardo Helicopters
contacted the FAA and clarified that a gap not exceeding 0.5 mm between
the pitch link top bearing and associated seat is permitted in the
service information required by EASA AD 2023-0071-E to accommodate the
sliding of the bushing into the lug per design. Leonardo Helicopters
also stated that prohibiting any gap may ground some helicopters that
are within design parameters. Leonardo Helicopters subsequently
submitted a request for a global alternative method of compliance
(AMOC), which the FAA approved. The global AMOC allowed measuring the
gap between the M/R pitch link upper rod end assembly bearing and the
pitch control lever assembly on each side without cleaning the area or
using a feeler gauge. The approved global AMOC also allowed a gap up to
and including 0.5 mm in width. From additional review since issuance of
the global AMOC, the FAA has determined that cleaning the inspection
area and using a feeler gauge for the inspection are required. The FAA
has also reduced the maximum allowable gap to less than 0.5 mm.
Accordingly, the global AMOC approved for Emergency AD 2023-07-51 is
not approved as an AMOC for the corresponding requirements of this AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0071-E requires a one-time dimensional check of
affected M/R pitch link upper rod end assemblies and, depending on the
results, replacing or re-identifying the affected part. EASA AD 2023-
0071-E also prohibits installing an affected M/R pitch link upper rod
end assembly.
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 Emergency Alert Service
Bulletin No. 139-754, dated March 31, 2023. This service information
specifies procedures for certain serial-numbered M/R pitch link upper
rod end assemblies P/N 3G6230A01133 that are not marked with the letter
``R.'' This service information specifies a one-time inspection by
cleaning the upper M/R pitch link upper rod end assembly bearing, bolt,
and pitch lever assembly; and using a feeler gauge to inspect for a
gap. Depending on the results, this service information specifies
procedures for replacing the M/R pitch link upper rod end assembly,
completing an inspection report, contacting LHD [Leonardo Helicopters
Division], and sending the removed M/R pitch link upper rod end
assembly to LHD; or marking the letter ``R'' near the M/R pitch link
upper rod end assembly serial number.
FAA's Determination
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 and the service information described above. The FAA is issuing
this AD after determining that the unsafe condition described
previously is likely to exist or develop on other products of these
same type designs.
AD Requirements
This AD requires accomplishing the actions specified in EASA AD
2023-0071-E, described previously as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD and except as discussed under ``Differences Between this AD and
the EASA 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,
EASA AD 2023-0071-E is incorporated by reference in this FAA final
rule. This AD, therefore, requires compliance with EASA AD 2023-0071-E
in its entirety through that incorporation, except for any differences
identified as exceptions in the regulatory text of this AD. Using
common terms that are the same as the heading of a particular section
in EASA AD 2023-0071-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 2023-0071-E. Service information
referenced in EASA AD 2023-0071-E for compliance will be available at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1049 after this final rule is
published.
Differences Between This AD and the EASA AD
EASA AD 2023-0071-E requires a dimensional check before next
flight, whereas this AD requires inspecting for a gap within four
calendar days. EASA AD 2023-0071-E requires re-identifying an affected
M/R pitch link upper rod end assembly that passed the dimensional
inspection within 25 flight hours or at the next removal of an affected
part, whichever occurs first, whereas this AD requires that action
within 25 hours time-in-service.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency,
[[Page 32958]]
upon finding good cause, may issue a final rule without providing
notice and seeking comment prior to issuance. Further, section 553(d)
of the APA authorizes agencies to make rules effective in less than
thirty days, upon a finding of good cause.
An unsafe condition exists that required the immediate adoption of
Emergency AD 2023-07-51, issued on March 31, 2023, to all known U.S.
owners and operators of these helicopters. The FAA found that the risk
to the flying public justifies foregoing notice and comment prior to
adoption of this rule because the main rotor pitch link upper rod end
assembly is critical to the control of a helicopter and failure of the
main rotor pitch link upper rod end assembly could occur during any
phase of flight without previous indication. The FAA has no information
pertaining to how quickly the condition may propagate to failure. Thus,
the required inspection must be accomplished within four calendar days.
These conditions still exist, therefore, notice and opportunity for
prior public comment are impracticable and contrary to the public
interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 117 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.
Inspecting an M/R pitch link rod end assembly will take about 1
work-hour for an estimated cost of $85 per helicopter and up to $9,945
for the U.S. fleet. Re-identifying an M/R pitch link upper rod end
assembly will take a minimal amount of time with a nominal parts cost.
Replacing an M/R pitch link rod end assembly will take about 2 work-
hours and parts will cost about $5,698, for an estimated cost of $5,868
per helicopter.
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, and
(2) Will not affect intrastate aviation in Alaska.
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
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:
2023-10-05 Leonardo S.p.a.: Amendment 39-22441; Docket No. FAA-2023-
1049; Project Identifier AD-2023-00591-R.
(a) Effective Date
This airworthiness directive (AD) is effective June 7, 2023.
(b) Affected ADs
This AD replaces Emergency AD 2023-07-51, Project Identifier
MCAI-2023-00551-R, issued on March 31, 2023.
(c) Applicability
This AD applies to all Leonardo S.p.a. Model AB139 and AW139
helicopters, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code: 6200, Main Rotor
System.
(e) Unsafe Condition
This AD was prompted by a report of excessive play of the
bearing installed in a main rotor (M/R) pitch link upper rod end
assembly. The FAA is issuing this AD to detect incorrect
installation of the bearing. The unsafe condition, if not addressed,
could result in a crack in the M/R pitch link upper rod end
assembly, failure of the M/R pitch link upper rod end assembly, and
subsequent 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 Emergency AD
2023-0071-E, dated March 31, 2023 (EASA AD 2023-0071-E).
(h) Exceptions to EASA AD 2023-0071-E
(1) Where EASA AD 2023-0071-E refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2023-0071-E requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
(3) Where paragraph (1) of EASA AD 2023-0071-E states, ``before
next flight;'' for this AD, replace that text with, ``within four
calendar days.''
(4) Where paragraph (1) of EASA AD 2023-0071-E requires a
dimensional check, this AD requires an inspection for a gap.
(5) Instead of complying with paragraph (2) of EASA AD 2023-
0071-E, comply with the following: ``As a result of the inspection
required by paragraph (1) of EASA AD 2023-0071-E, for this AD, if
there is any gap that measures 0.5 mm or more between the M/R pitch
link upper rod end assembly bearing and the pitch control lever
assembly on either side, before further flight, remove the affected
part, as defined in EASA AD 2023-0071-E, from service and replace it
with a serviceable part, as defined in EASA AD 2023-0071-E.''
(6) Where paragraph (3) of EASA AD 2023-0071-E states, ``Within
25 flight hours, or at the next removal of an affected part,
whichever occurs first;'' for this AD, replace that text with,
``Within 25 hours time-in-service.''
[[Page 32959]]
(7) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0071-E.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2023-
0071-E specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
(j) Special Flight Permits
Special flight permits are prohibited.
(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 Sec. 39.19. In accordance with Sec. 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 certification office, send it to the
attention of the person identified in paragraph (l) of this AD. If
sending information directly to the manager of the International
Validation Branch, mail it to the address identified in paragraph
(l) of this AD or email to: <a href="/cdn-cgi/l/email-protection#d4edf9958287f9959d86f9e3e7e4f995999b9794b2b5b5fab3bba2"><span class="__cf_email__" data-cfemail="95acb8d4c3c6b8d4dcc7b8a2a6a5b8d4d8dad6d5f3f4f4bbf2fae3">[email protected]</span></a>. If mailing
information, also submit information by email.
(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.
(l) Additional Information
For more information about this AD, contact Dan McCully, Program
Manager, International Validation Branch, FAA, 1600 Stewart Ave.,
Suite 410, Westbury, NY 11590; telephone (404) 474-5548; email
<a href="/cdn-cgi/l/email-protection#46312f2a2a2f272b682b2525332a2a3f0620272768212930"><span class="__cf_email__" data-cfemail="a3d4cacfcfcac2ce8dcec0c0d6cfcfdae3c5c2c28dc4ccd5">[email protected]</span></a>.
(m) 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 the AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) Emergency AD
2023-0071-E, dated March 31, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0071-E, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#1b5a5f685b7e7a687a357e6e69746b7a357e6e"><span class="__cf_email__" data-cfemail="e0a1a493a085819381ce8595928f9081ce8595">[email protected]</span></a>; internet easa.europa.eu. You may find the EASA
material on the EASA website at 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.
(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#4d2b3f6324233e3d282e392422230d232c3f2c632a223b"><span class="__cf_email__" data-cfemail="badcc894d3d4c9cadfd9ced3d5d4fad4dbc8db94ddd5cc">[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 May 17, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-10996 Filed 5-19-23; 11:15 am]
BILLING CODE 4910-13-P
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