[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Proposed Rules]
[Pages 37810-37812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12335]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1207; Project Identifier MCAI-2022-00925-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 A119 and AW119 MKII helicopters. This 
proposed AD was prompted by a report of an electrical failure of a 
starter-generator caused by a ruptured drive shaft. This proposed AD 
would require visually inspecting the drive shaft of an affected 
starter-generator and depending on the results, performing a dye 
penetrant inspection. Depending on the results of the dye penetrant 
inspection, this proposed AD would require replacing the starter-
generator, 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 July 24, 
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: (202) 493-2251.
     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.
     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 regulations.gov under 
Docket No. FAA-2023-1207; 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:
     For EASA material that is proposed for IBR in this NPRM, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email [email protected]; internet easa.europa.eu. 
You may find the EASA material on the EASA website at 
ad.easa.europa.eu.
     You may view this material 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. The EASA material is also 
available at regulations.gov under Docket No. FAA-2023-1207.
    Other Related Service Information: For Leonardo Helicopters service 
information identified in this NPRM, 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 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: Hal Jensen, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 
(303) 342-1080; email [email protected].

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-2023-1207; Project Identifier 
MCAI-2022-00925-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 
regulations.gov, 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 Hal 
Jensen, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone (303) 342-1080; email [email protected]. 
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 2022-0148, dated July 14, 2022 (EASA 
AD 2022-0148), to correct an unsafe condition for Leonardo S.p.A. 
Helicopters Model A119 and AW119MKII helicopters.
    This proposed AD was prompted by a report of an electrical failure 
of a starter-generator, caused by a ruptured drive shaft, which was not 
detected by the generator control unit and caused

[[Page 37811]]

partial loss of battery power. The FAA is proposing this AD to prevent 
electrical failure of the starter-generator, which could result in 
complete loss of electrical power and subsequent loss of control of the 
helicopter. See EASA AD 2022-0148 for additional background 
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0148 requires a one-time inspection of the drive shaft 
of the affected starter-generator and, depending on findings, replacing 
the affected part with a serviceable part as defined therein. EASA AD 
2022-0148 also requires reporting the inspection results (including no 
findings) to Leonardo and implementing improved removal and 
reinstallation procedures for the starter-generator.
    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 Alert Service Bulletin 
No. 119-121, dated June 21, 2022. This service information specifies 
procedures for performing visual and dye penetrant inspections, and 
replacing a starter-generator.

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 2022-0148, 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 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, the 
FAA proposes to incorporate EASA AD 2022-0148 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0148 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 2022-0148 does not mean that 
operators need comply only with that section. For example, where the 
proposed AD requirement refers to ``all required actions and compliance 
times,'' compliance with this proposed AD requirement would not be 
limited to the section titled ``Required Action(s) and Compliance 
Time(s)'' in EASA AD 2022-0148. Service information referenced in EASA 
AD 2022-0148 for compliance will be available at regulations.gov under 
Docket No. FAA-2023-1207 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    Service information referenced in EASA AD 2022-0148 does not 
specify a compliance time to proceed with subsequent procedures if 
there is misalignment or if the alignment is not clear, whereas this 
proposed AD would require proceeding with those subsequent procedures 
before further flight.
    Service information referenced in EASA AD 2022-0148 specifies 
contacting LH [Leonardo Helicopters] spare management to send a 
starter-generator directly to an authorized repair station for repair, 
and sending a starter-generator directly to an authorized repair 
station for repair, whereas this proposed AD would not require those 
actions.
    EASA AD 2022-0148 specifies reporting inspection results to 
Leonardo, whereas this proposed AD would not.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 136 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.
    Visually inspecting a starter-generator drive shaft would take 
about 1 work-hour for an estimated cost of $85 per helicopter and 
$11,560 for the U.S. fleet.
    If required, dye-penetrant inspecting a starter-generator drive 
shaft would take about 3 work-hours for an estimated cost of $255 per 
helicopter.
    If required, replacing a starter-generator would take about 2 work-
hours and parts would cost about $11,500 for an estimated cost of 
$11,670 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

    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,

[[Page 37812]]

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-2023-1207; Project Identifier MCAI-
2022-00925-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 24, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A119 and AW119 MKII 
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2435, Starter-
Generator.

(e) Unsafe Condition

    This AD was prompted by a report of an electrical failure of a 
starter-generator that was caused by a ruptured drive shaft. The 
failure was not detected by the generator control unit and caused 
partial loss of battery power. The FAA is issuing this AD to prevent 
electrical failure of the starter-generator, possibly due to 
incorrect installation or removal. The unsafe condition, if not 
addressed, could result in complete loss of electrical power 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 EASA AD 2022-
0148, dated July 14, 2022 (EASA AD 2022-0148).

(h) Exceptions to EASA AD 2022-0148

    (1) Where EASA AD 2022-0148 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0148 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (3) Where paragraph (1) of EASA AD 2022-0148 states to, 
``inspect the drive shaft;'' for this AD, replace that text with,'' 
inspect the drive shaft for misalignment and a crack.''
    (4) Where the service information referenced in EASA AD 2022-
0148 specifies to proceed with subsequent procedures if there is 
misalignment or if the alignment is not clear; for this AD, proceed 
with those subsequent procedures before further flight.
    (5) Where the service information referenced in EASA AD 2022-
0148 states, ``with reference to Annex A, perform a liquid penetrant 
inspection of the drive-shaft, in order to detect the presence of 
eventual cracks;'' for this AD, replace that text with ``With 
reference to Annex A, perform a dye penetrant inspection of the 
drive-shaft in order to detect any cracks.''
    (6) Where the service information referenced in paragraph (1) of 
EASA AD 2022-0148 specifies contacting LH [Leonardo Helicopters] 
spare management to send a starter-generator directly to an 
authorized repair station for repair and sending the starter-
generator to an authorized repair station for repair, this AD does 
not require those actions.
    (7) Where paragraphs (2) and (4) of EASA AD 2022-0148 state, 
``Part II of the ASB;'' for this AD, replace that text with, ``AMP 
Data Modules 19-A-24-30-04-00A-520A-A, Starter Generator--Remove 
Procedure and 19-A-24-30-04-00A-720A-A, Starter Generator--Install 
Procedure, each Issue 001 and dated May 24, 2021. Except where AMP 
Data Module 19-A-24-30-04-00A-520A-A Starter Generator--Remove 
Procedure specifies discarding parts; for this AD, remove those 
parts from service.''
    (8) This AD does not require paragraph (3) of EASA AD 2022-0148.
    (9) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0148.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0148 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199, provided they are restricted to visual flight 
rules (VFR) with night operations prohibited and no passengers are 
onboard.

(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 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 (l) of 
this AD. Information may be emailed to: [email protected].
    (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) Related Information

    For more information about this AD, contact Hal Jensen, Aviation 
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone (303) 342-1080; email [email protected].

(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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0148, 
dated July 14, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0148, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; 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 material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 2, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-12335 Filed 6-8-23; 8:45 am]
BILLING CODE 4910-13-P