[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Proposed Rules]
[Pages 67999-68002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21636]



[[Page 67999]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1894; Project Identifier MCAI-2022-00334-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 A109E, A109S, AW109SP, A119, and AW119 
MKII helicopters. This proposed AD was prompted by multiple reports of 
excessive axial play on the ball bearing of the lower half of the main 
rotor (MR) rotating scissor assembly. This proposed AD would require 
one-time scissor coupling and axial play inspections and repetitive 
quantitative axial play inspections and, depending on the results, 
additional inspections and replacing certain parts. This proposed AD 
would also require reporting information and prohibit installing 
certain parts unless certain inspections have been accomplished 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 proposed AD by November 
17, 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-2023-1894; 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 identified 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-2023-1894.
    Other Related Service Information: For Leonardo Helicopters service 
information identified in this NPRM, contact Leonardo S.p.A 
Helicopters, Emanuele Bufano, Head of Airworthiness, Viale G. Agusta 
520, 21017 C. Costa di Samarate (Va) Italy; telephone (+39) 0331-
225074; fax (+39) 0031-229046; 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: Jared Hyman, Aviation Safety Engineer, 
FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (781) 
238-7799; 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-2023-1894; Project Identifier 
MCAI-2022-00334-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 Jared 
Hyman, Aviation Safety Engineer, FAA, 1600 Stewart Ave., Suite 410, 
Westbury, NY 11590; telephone (781) 238-7799; 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 2022-0037, dated March 7, 2022, and 
corrected March 15, 2022 (EASA AD 2022-0037), to correct an unsafe 
condition for all Leonardo S.p.A Model A109E, A109LUH, A109S, AW109SP, 
A119, and AW119 MKII helicopters.
    This proposed AD was prompted by multiple reports of excessive 
axial play on the ball bearing of the lower half of the MR rotating 
scissor assembly. In some cases, this resulted in dislodgement of the 
ball bearing from its seat. The FAA is proposing this AD to detect and 
address any excessive axial play of the MR rotating scissor assembly. 
See EASA AD 2022-0037 for additional background information.

Related Service Information Under 1 CFR Part 51

    For certain applicable model helicopters, EASA AD 2022-0037 
requires accomplishing one-time MR rotating scissor coupling and axial 
play checks. Depending on the results, EASA AD 2022-0037 requires 
repetitively measuring the axial play or replacing certain parts. For 
all applicable model helicopters, EASA AD 2022-0037 requires 
accomplishing repetitive qualitative and quantitative axial play

[[Page 68000]]

checks and, depending on the results, repetitively measuring the axial 
play or replacing certain parts. Furthermore, EASA AD 2022-0037 
requires reporting certain information to the manufacturer and 
prohibits installing certain parts on any helicopter unless the part 
has passed required inspections.
    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 
(ASB) No. 109EP-177, Leonardo Helicopters ASB No. 109S-105, Leonardo 
Helicopters ASB No. 109SP-149, and Leonardo Helicopters ASB No. 119-
111, each Revision A and dated March 3, 2022. This service information 
specifies procedures for inspecting the MR rotating scissor coupling 
and axial play, measuring the axial play, inspecting the qualitative 
axial play, inspecting the quantitative axial play, and replacing 
components of the MR rotating scissor assembly (scissor bracket flange 
assembly, rotary scissor sleeve, lower scissor lever assembly, and 
upper scissor lever assembly) and bushings.

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 the State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
its AD described 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 designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2022-0037, 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 2022-0037 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0037 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 2022-0037 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-
0037. Service information referenced in EASA AD 2022-0037 for 
compliance will be available at regulations.gov under Docket No. FAA-
2023-1894 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2022-0037 applies to Model A109LUH helicopters, whereas 
this proposed AD would not because that model is not FAA-type 
certificated. EASA AD 2022-0037 refers to several actions as a 
``check,'' whereas this proposed AD would refer to those actions as an 
``inspection'' instead because those actions must be accomplished by 
persons authorized under 14 CFR 43.3. EASA AD 2022-0037 requires 
discarding certain parts, whereas this proposed AD would require 
removing those parts from service instead.
    Service information referenced in EASA AD 2022-0037 specifies to 
contact Leonardo Helicopters for instructions as a result of certain M/
R rotating scissor maximum torque force check (inspection) results, 
whereas this proposed AD would require accomplishing corrective action 
in accordance with a method approved by the FAA, EASA, or Leonardo 
S.p.a. Helicopters' EASA Design Organization Approval. EASA AD 2022-
0037 requires interpreting the MR rotating scissor coupling and axial 
play inspection results (PASSED or FAILED) by using its required 
service information, whereas this proposed AD would require 
interpreting those results by using tables in the body of this proposed 
AD and recorded results of certain inspections. Furthermore, if the 
scissor coupling inspection result is an ``UNCERTAIN RESULT,'' the 
service information referenced in EASA AD 2022-0037 specifies 
contacting Leonardo Helicopters, whereas this proposed AD would 
consider an ``UNCERTAIN RESULT'' as ``FAILED.''
    EASA AD 2022-0037 requires accomplishing repetitive qualitative 
axial play checks, whereas this proposed AD would not. EASA AD 2022-
0037 requires quantitative axial play checks within intervals not to 
exceed 200 flight hours, whereas this proposed AD would require 
quantitative axial play inspections within intervals not to exceed 55 
hours time-in-service. The service information referenced in EASA AD 
2022-0037 cautions that only approved personnel are permitted to 
perform the bushing replacement, whereas this proposed AD would not 
include that caution.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 204 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.
    The one-time MR rotating scissor coupling and axial play 
inspections would take about 2 work-hours for an estimated cost of $170 
per helicopter and up to $34,680 for the U.S. fleet.
    A quantitative axial play inspection would take about 1 work-hour 
for an estimated cost of $85 per helicopter and $17,340 for the U.S. 
fleet per inspection cycle.
    Measuring the axial play would take about 1 work-hour for an 
estimated cost of $85 per helicopter and $17,340 for the U.S. fleet per 
inspection cycle.
    Certain corrective action that may be needed as a result of an 
inspection could vary significantly from helicopter to helicopter. The 
FAA has no data to determine the costs to accomplish the corrective 
action or the number of helicopters that may require corrective action.
    Replacing the scissor bracket flange assembly would take about 4 
work-hours and parts would cost about $8,099-11,574 (depending on part 
number) for an estimated cost of $8,439-11,914 per replacement. 
Alternatively, replacing its bushings would take about 2 work-hours and 
parts would cost about $225 for an estimated cost of $395 per 
replacement.
    Replacing each rotary scissor sleeve would take about 2 work-hours 
and parts would cost about $565 for an estimated cost of $735 per 
replacement.
    Replacing the lower scissor lever assembly (including the washer 
and

[[Page 68001]]

retaining bolt) would take about 2 work-hours and parts would cost 
about $3,308-3,385 (depending on part number) for an estimated cost of 
$3,478-3,555 per replacement. Alternatively, replacing its bushings 
would take about 2 work-hours and parts would cost about $225 for an 
estimated cost of $395 per replacement.
    Replacing the upper scissor lever assembly would take about 2 work-
hours and parts would cost about $2,219-3,015 (depending on part 
number) for an estimated cost of $2,389-3,185 per replacement. 
Alternatively, replacing its bushings would take about 2 work-hours and 
parts would cost about $225 for an estimated cost of $395 per 
replacement.
    Reporting the inspection results to the manufacturer would take 
about 1 work-hour for an estimated cost of $85 per report.
    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.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to take 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

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-2023-1894; Project Identifier MCAI-
2022-00334-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by November 17, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model A109E, A109S, 
AW109SP, A119, and AW119 MKII helicopters, certificated in any 
category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6200, Main Rotor 
System.

(e) Unsafe Condition

    This AD was prompted by multiple reports of excessive axial play 
on the ball bearing of the lower half of the main rotor rotating 
scissor assembly. The FAA is issuing this AD to detect and address 
any excessive axial play of the main rotor rotating scissor 
assembly. The unsafe condition, if not addressed, could result in 
failure of the main rotor rotating scissor assembly, loss of control 
of the helicopter, and subsequent 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 paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency AD 2022-0037, 
dated March 7, 2022, and corrected March 15, 2022 (EASA AD 2022-
0037).

(h) Exceptions to EASA AD 2022-0037

    (1) Where EASA AD 2022-0037 defines Affected part ``as 
identified in the ASB;'' for this AD, replace that text with ``as 
identified in Table 2 of Leonardo Helicopters Alert Service Bulletin 
(ASB) No. 109EP-177, Leonardo Helicopters ASB No. 109S-105, Leonardo 
Helicopters ASB No. 109SP-149, or Leonardo Helicopters ASB No. 119-
111, each Revision A and dated March 3, 2022, and as applicable to 
your model helicopter.''
    (2) Where EASA AD 2022-0037 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (3) Where EASA AD 2022-0037 refers to its effective date, this 
AD requires using the effective date of this AD.
    (4) Where EASA AD 2022-0037 refers to a torque force check, this 
AD requires a torque force inspection. Where EASA AD 2022-0037 
refers to a scissor coupling check, this AD requires a scissor 
coupling inspection. Where EASA AD 2022-0037 refers to an axial play 
check, this AD requires an axial play inspection. Where EASA AD 
2022-0037 refers to a quantitative axial play check, this AD 
requires a quantitative axial play inspection. Where EASA AD 2022-
0037 refers to a dimensional check, this AD requires a dimensional 
inspection.
    (5) Where the service information referenced in EASA AD 2022-
0037 specifies

[[Page 68002]]

to use tooling, this AD allows the use of equivalent tooling.
    (6) Where the service information referenced in EASA AD 2022-
0037 specifies discarding parts, this AD requires removing those 
parts from service.
    (7) Where the service information referenced in paragraphs (1), 
(4.2), (5.2), and (6) of EASA AD 2022-0037 specifies to contact 
Leonardo Helicopters for instructions as a result of the M/R 
rotating scissor maximum torque force check, this AD requires 
corrective action done in accordance with a method approved by the 
Manager, International Validation Branch, FAA; or EASA; or Leonardo 
S.p.a. Helicopters' EASA Design Organization Approval (DOA). If 
approved by the DOA, the approval must include the DOA-authorized 
signature.
    (8) Where paragraph (1) of EASA AD 2022-0037 specifies to 
``interpret the results (PASSED or FAILED) in accordance with the 
instructions of PART I of the ASB;'' for this AD, replace that text 
with, ``interpret the results by using Tables 1 and 2 to paragraph 
(h)(8) of this AD and the inspection results recorded in Annex E of 
the service information referenced in EASA AD 2022-0037.''

                     Table 1 to Paragraph (h)(8)--Scissor Coupling Inspection Interpretation
----------------------------------------------------------------------------------------------------------------
                                                                   2nd Maximum torque     Scissor coupling check
      Maximum torque force check          Dimensional check           force check                outcome
----------------------------------------------------------------------------------------------------------------
Passed...............................  N/A....................  N/A....................  Passed.
Failed...............................  Passed.................  Passed.................  Passed.
Failed...............................  Failed.................  N/A....................  Failed.
Failed...............................  Passed.................  Failed.................  Failed.
----------------------------------------------------------------------------------------------------------------


    Table 2 to Paragraph (h)(8)--Axial Play Inspection Interpretation
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Axial play value is 0.25 mm or less.............  Passed.
Axial play value is more than 0.25 mm or the      Failed.
 ball bearing is dislodged.
------------------------------------------------------------------------

    (9) This AD does not require compliance with paragraph (2) of 
EASA AD 2022-0037. This AD also does not include Note 1 of EASA AD 
2022-0037.
    (10) Where paragraph (3) of EASA AD 2022-0037 specifies 
compliance times of ``200 FH;'' for this AD, replace each instance 
of that text with, ``55 hours time-in-service.'' This AD does not 
include Note 3 of EASA AD 2022-0037.
    (11) Where the service information referenced in EASA AD 2022-
0037 cautions that only approved personnel (Leonardo Helicopters 
facilities, Leonardo authorized component repair centers within the 
approved capabilities or customers trained by Leonardo Helicopters 
for specific activities) are permitted to perform the bushing 
replacement; this AD does not include those cautions.
    (12) Where paragraph (10) of EASA AD 2022-0037 specifies 
reporting inspection results (including the inspection results of no 
findings) to Leonardo within 30 days, this AD requires reporting 
inspection results at the applicable time in paragraph (h)(12)(i) or 
(ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.
    (13) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0037.

(i) Special Flight Permit

    Special flight permits are prohibited.

(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: [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.

(k) Additional Information

    For more information about this AD, contact Jared Hyman, 
Aviation Safety Engineer, FAA, 1600 Stewart Ave., Suite 410, 
Westbury, NY 11590; telephone (781) 238-7799; email [email protected].

(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 2022-0037, 
dated March 7, 2022, and corrected March 15, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0037, 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 September 26, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-21636 Filed 10-2-23; 8:45 am]
BILLING CODE 4910-13-P