Proposed Rule2024-26811
Airworthiness Directives; Leonardo S.p.a. Helicopters
Primary source
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Published
November 19, 2024
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, A109S, and AW109SP helicopters. This proposed AD was prompted by a report of a quality escape on a batch of main rotor blades (MRBs). This proposed AD would require repetitively tap inspecting certain MRBs, replacing those MRBs, and prohibit installing those MRBs, as 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 89 Issue 223 (Tuesday, November 19, 2024)</title>
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[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Proposed Rules]
[Pages 91291-91293]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26811]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2425; Project Identifier MCAI-2023-00967-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, A109S, and AW109SP
helicopters. This proposed AD was prompted by a report of a quality
escape on a batch of main rotor blades (MRBs). This proposed AD would
require repetitively tap inspecting certain MRBs, replacing those MRBs,
and prohibit installing those MRBs, as 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 NPRM by January 3, 2025.
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-2024-2425; 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, the mandatory continuing airworthiness
information (MCAI), 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 proposed AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221
8999 000; email: <a href="/cdn-cgi/l/email-protection#f2b3b681b297938193dc9787809d8293dc9787"><span class="__cf_email__" data-cfemail="67262314270206140649021215081706490212">[email protected]</span></a>; website: easa.europa.eu. You may
find this material on the EASA website at 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. It is also available at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-2425.
Other Related Material: For Leonardo material identified in this
proposed AD, contact Leonardo S.p.A., Emanuele Bufano, Head of
Airworthiness, Viale G. Agusta 520, 21017 C. Costa di Samarate (Va)
Italy; phone: (+39) 0331-225074; fax: (+39) 0331-229046; or website:
<a href="http://customerportal.leonardocompany.com/en-US/">customerportal.leonardocompany.com/en-US/</a>.
FOR FURTHER INFORMATION CONTACT: Frank Huynh, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (404)
983-5288; email: <a href="/cdn-cgi/l/email-protection#1d5b6f7c73763355686473755d7b7c7c337a726b"><span class="__cf_email__" data-cfemail="f7b18596999cd9bf828e999fb7919696d9909881">[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 the ADDRESSES section. Include ``Docket No. FAA-2024-2425;
Project Identifier MCAI-2023-00967-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 Frank
Huynh, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (404) 983-5288; email: <a href="/cdn-cgi/l/email-protection#c086b2a1aeabee88b5b9aea880a6a1a1eea7afb6"><span class="__cf_email__" data-cfemail="743206151a1f5a3c010d1a1c341215155a131b02">[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
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2023-0159, dated August 10, 2023
(EASA AD 2023-0159) (also referred to as the MCAI), to correct an
unsafe condition on all Leonardo S.p.a. Model A109C, A109E, A109S, and
AW109SP helicopters. The MCAI states that a report was received of a
quality escape on a batch of MRBs, where the tip cap had been replaced
by following a procedure and using tools not in accordance with
Leonardo Technical Publications. The FAA is proposing this AD to
prevent premature debonding of an MRB tip cap, which could lead to the
loss of the MRB tip cap in flight, possibly resulting in loss of
control of, and damage to, the helicopter, and injury to occupants.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-2425.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2023-0159 requires repetitively tap inspecting certain
part-numbered and serial-numbered MRBs for deficiency (debonding) of
the tip cap, and depending on the results, replacing the MRB. For
affected MRBs that are not replaced as a result of a tap inspection,
EASA AD 2023-0159 requires replacing those MRBs within a longer
compliance time. EASA AD 2023-0159 also prohibits installing those MRBs
on any helicopter.
This material is reasonably available because the interested
parties have
[[Page 91292]]
access to it through their normal course of business or by the means
identified in the ADDRESSES section.
Other Related Material
The FAA also reviewed Leonardo Helicopters Alert Service Bulletin
(ASB) No. 109-159, ASB No. 109EP-181, ASB No. 109S-116, and ASB No.
109SP-158, each dated August 2, 2023. This material specifies
procedures for tap inspecting the MRB tip cap for debonding,
determining if any debonding exceeds allowable limits, and replacing an
MRB.
FAA's Determination
This product has been approved by the aviation authority of another
country and is 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 the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0159, 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 2023-0159 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0159 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 2023-0159 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-
0159. Material referenced in EASA AD 2023-0159 for compliance will be
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-2425 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 19 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.
Tap inspecting the MRBs (up to four affected MRBs per helicopter)
would take up to 1 work-hour for an estimated cost of up to $85 per
helicopter and $1,615 for the U.S. fleet, per inspection cycle.
Replacing an MRB would take 4 work-hours and parts would cost $111,218
for an estimated cost of $111,558 per MRB.
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:
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-2024-2425; Project Identifier MCAI-
2023-00967-R.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by January 3, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model A109C, A109E, A109S,
and AW109SP helicopters, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code 6210, Main Rotor
Blades.
(e) Unsafe Condition
This AD was prompted by a report of a quality escape on a batch
of main rotor blades (MRBs). The FAA is issuing this AD to detect
and address non-conforming MRB tip caps. The unsafe condition, if
not addressed, could result in premature debonding of an MRB tip
cap, loss of the MRB tip cap in flight, and subsequent loss of
control of, and damage to, the helicopter, and injury to occupants.
(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 AD 2023-0159,
dated August 10, 2023 (EASA AD 2023-0159).
[[Page 91293]]
(h) Exceptions to EASA AD 2023-0159
(1) Where EASA AD 2023-0159 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
(2) Where EASA AD 2023-0159 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where the note in the material referenced in paragraph (1)
of EASA AD 2023-0159 specifies that the hammer tapping inspection
must be performed only by appropriate qualified personnel in
accordance with the national aviation regulation; for this AD, the
tap test must be accomplished by persons authorized under 14 CFR
43.3. These inspections must be performed by at least a Level I
inspector certified in the FAA-acceptable standards for
nondestructive inspection personnel.
Note 1 to paragraph (h)(3): Advisory Circular 65-31B contains
examples of FAA-acceptable Level I qualification standards criteria
for inspection personnel doing nondestructive test inspections.
(4) Where paragraph (2) of EASA AD 2023-0159 states ``any
deficiency;'' this AD requires replacing that text with ``any
debonding.''
(5) Where paragraph (2) of EASA AD 2023-0159 states ``replace
that affected part with a serviceable part in accordance with the
instructions of Part II of the ASB;'' this AD requires replacing
that text with ``replace that affected part, as defined in EASA AD
2023-0159, with a serviceable part, as defined in EASA AD 2023-
0159.''
(6) Where paragraph (3) of EASA AD 2023-0159 states ``replace
each affected part with a serviceable part in accordance with the
instructions of Part II of the ASB;'' this AD requires replacing
that text with ``replace each affected part, as defined in EASA AD
2023-0159, with a serviceable part, as defined in EASA AD 2023-
0159.''
(7) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0159.
(i) No Reporting Requirement
Although the material referenced in EASA AD 2023-0159 specifies
to submit certain information to the manufacturer, this AD does not
require that action.
(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 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards 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 (l)(1) of this AD
and email to: <a href="/cdn-cgi/l/email-protection#03424e4c40436562622d646c75"><span class="__cf_email__" data-cfemail="5f1e12101c1f393e3e71383029">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(l) Additional Information
(1) For more information about this AD, contact Frank Huynh,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (404) 983-5288; email:
<a href="/cdn-cgi/l/email-protection#f8be8a999693d6b08d819690b89e9999d69f978e"><span class="__cf_email__" data-cfemail="66201407080d482e131f080e2600070748010910">[email protected]</span></a>.
(2) For advisory circular material identified in this AD that is
not incorporated by reference, go to <a href="http://faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentID/1023552">faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentID/1023552</a>.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless the AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0159,
dated August 10, 2023.
(ii) [Reserved]
(3) For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email: <a href="/cdn-cgi/l/email-protection#3475704774515547551a5141465b44551a5141"><span class="__cf_email__" data-cfemail="c08184b380a5a1b3a1eea5b5b2afb0a1eea5b5">[email protected]</span></a>; website: easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
(4) 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.
(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="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#a3c5d18dcacdd0d3c6c0d7cacccde3cdc2d1c28dc4ccd5"><span class="__cf_email__" data-cfemail="fe988cd097908d8e9b9d8a979190be909f8c9fd0999188">[email protected]</span></a>.
Issued on November 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-26811 Filed 11-18-24; 8:45 am]
BILLING CODE 4910-13-P
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