[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Rules and Regulations]
[Pages 90088-90091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28773]


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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; 
Amendment 39-22635; AD 2023-25-08]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Leonardo S.p.a. Model A109E, A109S, AW109SP, A119, and AW119 MKII 
helicopters. This 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 AD requires 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 AD also requires reporting information 
and prohibits installing certain parts unless certain inspections have 
been accomplished. These requirements are specified in a European Union 
Aviation Safety Agency (EASA) AD, which is incorporated by reference. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective February 2, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 2, 
2024.

ADDRESSES: 
    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 final rule, the mandatory continuing airworthiness 
information, any comments received, and other information. The address 
for Docket Operations is U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For EASA material identified in this final rule, 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 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 in 
the AD docket at regulations.gov under Docket No. FAA-2023-1894.
    Other Related Service Information: For Leonardo Helicopters service 
information identified in this final rule, 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:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Leonardo S.p.a. 
Model A109E, A109S, AW109SP, A119, and AW119 MKII helicopters. The NPRM 
published in the Federal Register on October 3, 2023 (88 FR 67999). The 
NPRM was prompted by EASA AD 2022-0037, dated March 7, 2022; corrected 
March 15, 2022 (EASA AD 2022-0037), issued by EASA, which is the 
Technical Agent for the Member States of the European Union. EASA AD 
2022-0037 states that there have been 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.
    In the NPRM, the FAA proposed to require one-time MR rotating 
scissor coupling and axial play inspections and

[[Page 90089]]

repetitive quantitative axial play inspections and, depending on the 
results, additional inspections and replacing certain parts. The NPRM 
also proposed to require reporting information and prohibit installing 
certain parts unless certain inspections have been accomplished. The 
FAA is issuing this AD to detect and address any excessive axial play 
of the MR rotating scissor assembly. The unsafe condition, if not 
addressed, could result in failure of the MR rotating scissor assembly, 
loss of control of the helicopter, and subsequent damage to the 
helicopter and injury to occupants. See EASA AD 2022-0037 for 
additional background information.
    You may examine EASA AD 2022-0037 in the AD docket at 
regulations.gov under Docket No. FAA-2023-1894.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    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 referenced above. The FAA reviewed the relevant data and 
determined that air safety requires adopting this AD as proposed. 
Accordingly, the FAA is issuing this AD to address the unsafe condition 
on these products.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0037 which requires, for certain 
applicable model helicopters, 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 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 ADDRESSES.

Other Related Service Information

    The FAA 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.

Differences Between This AD and the EASA AD

    EASA AD 2022-0037 applies to Model A109LUH helicopters, whereas 
this AD does not because that model is not FAA-type certificated. EASA 
AD 2022-0037 refers to several actions as a ``check,'' whereas this AD 
refers 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 AD 
requires 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 MR 
rotating scissor maximum torque force check (inspection) results, 
whereas this AD requires 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 AD requires interpreting those results by 
using tables in the body of this 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 AD 
considers an ``UNCERTAIN RESULT'' as ``FAILED.''
    EASA AD 2022-0037 requires accomplishing repetitive qualitative 
axial play checks, whereas this AD does not. EASA AD 2022-0037 requires 
quantitative axial play checks within intervals not to exceed 200 
flight hours, whereas this AD requires 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 AD does not include that caution.

Costs of Compliance

    The FAA estimates that this AD affects 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 AD.
    The one-time MR rotating scissor coupling and axial play 
inspections will take approximately 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 will take approximately 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 will take approximately 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 can 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 will take 
approximately 4 work-hours and parts will cost approximately $8,099-
11,574 (depending on part number) for an estimated cost of $8,439-
11,914 per replacement. Alternatively, replacing its bushings will take 
approximately 2 work-hours and parts will cost approximately $225 for 
an estimated cost of $395 per replacement.
    Replacing each rotary scissor sleeve will take approximately 2 
work-hours and parts will cost approximately $565 for an estimated cost 
of $735 per replacement.
    Replacing the lower scissor lever assembly (including the washer 
and retaining bolt) will take 2 work-hours and parts will cost 
approximately $3,308-3,385 (depending on part number) for an estimated 
cost of $3,478-3,555 per replacement. Alternatively, replacing its 
bushings will take approximately 2 work-hours and parts will cost 
approximately $225

[[Page 90090]]

for an estimated cost of $395 per replacement.
    Replacing the upper scissor lever assembly will take approximately 
2 work-hours and parts will cost approximately $2,219-3,015 (depending 
on part number) for an estimated cost of $2,389-3,185 per replacement. 
Alternatively, replacing its bushings will take approximately 2 work-
hours and parts will cost approximately $225 for an estimated cost of 
$395 per replacement.
    Reporting the inspection results to the manufacturer will take 
approximately 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 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

    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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 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:

2023-25-08 Leonardo S.p.a.: Amendment 39-22635; Docket No. FAA-2023-
1894; Project Identifier MCAI-2022-00334-R.

(a) Effective Date

    This airworthiness directive (AD) is effective February 2, 2024.

(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; 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 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

[[Page 90091]]

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    Failed.
 the 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 Permits

    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; 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 at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-28773 Filed 12-28-23; 8:45 am]
BILLING CODE 4910-13-P