Proposed Rule2023-26934
Airworthiness Directives; Leonardo S.p.a. Helicopters
Primary source
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Published
December 11, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all Leonardo S.p.a. Model A109C, A109E, A109K2, A109S, and AW109SP helicopters. This proposed AD was prompted by reports of loose tail rotor duplex bearing locking nuts, possibly caused by improper installation. This proposed AD would require disassembling certain tail rotor duplex bearings and reassembling them in accordance with updated service information. This proposed AD would also prohibit installing certain tail rotor duplex bearings. These actions are specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 236 (Monday, December 11, 2023)</title>
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[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Proposed Rules]
[Pages 85856-85858]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26934]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2238; Project Identifier MCAI-2023-00698-R]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Leonardo S.p.a. Model A109C, A109E, A109K2, A109S, and AW109SP
helicopters. This proposed AD was prompted by reports of loose tail
rotor duplex bearing locking nuts, possibly caused by improper
installation. This proposed AD would require disassembling certain tail
rotor duplex bearings and reassembling them in accordance with updated
service information. This proposed AD would also prohibit installing
certain tail rotor duplex bearings. These actions are specified in a
European Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation by reference. 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 January 25,
2024.
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-2023-2238; 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 EASA material identified in this NPRM, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email <a href="/cdn-cgi/l/email-protection#4405003704212537256a2131362b34256a2131"><span class="__cf_email__" data-cfemail="2564615665404456440b4050574a55440b4050">[email protected]</span></a>; website easa.europa.eu. You may find the
EASA material on the EASA website ad.easa.europa.eu.
<bullet> You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Parkway, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call (817) 222-5110. The EASA material is also
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-2238.
FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer,
FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238-
7241; email: <a href="/cdn-cgi/l/email-protection#e192948f868c8ecf85cf82898ea1878080cf868e97"><span class="__cf_email__" data-cfemail="f182849f969c9edf95df92999eb1979090df969e87">[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-2023-2238; Project Identifier
MCAI-2023-00698-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 85857]]
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 Sungmo Cho, Aviation Safety Engineer,
FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238-
7241; email: <a href="/cdn-cgi/l/email-protection#d1a2a4bfb6bcbeffb5ffb2b9be91b7b0b0ffb6bea7"><span class="__cf_email__" data-cfemail="4231372c252f2d6c266c212a2d022423236c252d34">[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, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2023-0105, dated May 23, 2023 (EASA
AD 2023-0105), to correct an unsafe condition on Leonardo S.p.A. Model
A109C, A109E, A109K2, A109LUH, A109S, and AW109SP helicopters. EASA
advises of reports of loosening of the tail rotor duplex bearing
locking nut. Subsequent investigations identified incorrect
accomplishment of the assembly and continued maintenance instructions
of the tail rotor duplex bearing housing and slider group as the most
likely root cause of that loosening. The FAA is proposing this AD to
detect and address the incorrect assembly of the tail rotor duplex
bearing.
This unsafe condition, if not addressed, could lead to failure of
the tail rotor function, possibly resulting in loss of control of the
helicopter. See EASA AD 2023-0105 for additional background
information.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0105 requires replacing certain parts through the
disassembly and reassembly of the tail rotor duplex bearing and the
pitch change slider assembly. EASA AD 2023-0105 also prohibits
installing certain parts 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.
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 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 these same type designs.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0105, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed AD and EASA AD 2023-0105.''
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 2023-0105 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0105 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 2023-0105 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-
0105. Service information referenced in EASA AD 2023-0105 for
compliance will be available at <a href="http://regulations.gov">regulations.gov</a> by searching for and
locating Docket No. FAA-2023-2238 after the FAA final rule is
published.
Differences Between This Proposed AD and EASA AD 2023-0105
EASA AD 2023-0105 applies to Model A109LUH helicopters, however,
this proposed AD would not because that model is not FAA type-
certificated.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 160 helicopters of U.S. Registry. Labor rates are estimated at
$85 per work-hour. The FAA estimates the following costs to comply with
the proposed AD.
Disassembly and reassembly of the tail rotor housing and slider
assembly would take approximately 8 work-hours for an estimated cost of
$680 per helicopter and $108,800 for the U.S. fleet.
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.
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:
[[Page 85858]]
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-2023-2238; Project Identifier MCAI-
2023-00698-R.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by January 25, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Leonardo S.p.a. Model A109C, A109E,
A109K2, A109S, and AW109SP 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 reports of loose tail rotor duplex
bearing locking nuts, possibly caused by improper installation. The
FAA is issuing this AD to detect and address the incorrect assembly
of the tail rotor duplex bearing. The unsafe condition, if not
addressed, could lead to failure of the tail rotor function,
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) AD
2023-0105, dated May 23, 2023 (EASA AD 2023-0105).
(h) Exceptions to EASA AD 2023-0105
(1) Where EASA AD 2023-0105 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
(2) Where EASA AD 2023-0105 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where the service information referenced in EASA AD 2023-
0105 specifies to ``discard'' parts; for this AD, replace that text
with ``remove from service.''
(4) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0105.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2023-0105
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) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#e8d1c5a9bebbc5a9a1bac5dfdbd8c5a9a5a7aba88e8989c68f879e"><span class="__cf_email__" data-cfemail="ecd5c1adbabfc1ada5bec1dbdfdcc1ada1a3afac8a8d8dc28b839a">[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) Related Information
For more information about this AD, contact Sungmo Cho, Aviation
Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198;
phone: (781) 238-7241; email: <a href="/cdn-cgi/l/email-protection#4c3f39222b21236228622f24230c2a2d2d622b233a"><span class="__cf_email__" data-cfemail="4330362d242e2c6d276d202b2c032522226d242c35">[email protected]</span></a>.
(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 2023-0105,
dated May 23, 2023.
(ii) [Reserved]
(3) For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#2160655261444052400f4454534e51400f4454"><span class="__cf_email__" data-cfemail="f9b8bd8ab99c988a98d79c8c8b968998d79c8c">[email protected]</span></a>; website easa.europa.eu. You may
find the EASA material on the EASA website ad.easa.europa.eu.
(4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Parkway, 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 material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="/cdn-cgi/l/email-protection#1b277a3b73697e7d26" http: www.archives.gov federal-register cfr ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="412823336c2d2e222035282e2f322e33242c20282d27336f282f3231242235282e2f012f2033206f262e37">[email protected]</span></a>"><a href="http://www.archives.gov/federal-register/cfr/ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="81e8e3f3acedeee2e0f5e8eeeff2eef3e4ece0e8ede7f3afe8eff2f1e4e2f5e8eeefc1efe0f3e0afe6eef7">[email protected]</span></a></a>.
Issued on December 4, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-26934 Filed 12-8-23; 8:45 am]
BILLING CODE 4910-13-P
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