Airworthiness Directives; Leonardo S.p.a. Helicopters, 32956-32959 [2023-10996]

Download as PDF 32956 Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Rules and Regulations Section 25.143, General. (1) The airplane is controllable in a pull-up maneuver up to 1.5g load factor or lower if limited by AoA protection. (i) In lieu of § 25.207, Stall warning, change to read as the requirements defined in Part I Special Conditions, section (d). Issued in Des Moines, Washington, on May 18, 2023. Suzanne A. Masterson, Acting Manager, Technical Policy Branch, Policy and Standards Division, Aircraft Certification Service. [FR Doc. 2023–10971 Filed 5–22–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1049; Project Identifier AD–2023–00591–R; Amendment 39–22441; AD 2023–10–05] RIN 2120–AA64 Airworthiness Directives; Leonardo S.p.a. Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: The FAA is superseding Emergency Airworthiness Directive (AD) 2023–07–51, which applied to all Leonardo S.p.a. Model AB139 and AW139 helicopters and which was previously sent to all known U.S. owners and operators of those helicopters. Emergency AD 2023–07–51 required inspecting for a gap between the main rotor (M/R) pitch link upper rod end assembly bearing and the pitch control lever assembly and, depending on the results, replacing or reidentifying the M/R pitch link upper rod end assembly. Emergency AD 2023–07– 51 also prohibited installing an affected M/R pitch link upper rod end assembly. Since the FAA issued Emergency AD 2023–07–51, it has been determined that a gap between the M/R pitch link upper rod end assembly bearing and the pitch control lever assembly that is within a certain dimension tolerance is acceptable. This AD continues to require the actions in Emergency AD 2023–07–51, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference in this AD, but allows a gap of less than 0.5 mm. The FAA is issuing this AD to address the unsafe condition on these products. lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:01 May 22, 2023 Jkt 259001 This AD is effective June 7, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of June 7, 2023. The FAA must receive comments on this AD by July 7, 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–2023–1049; 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, any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: • For EASA material that is incorporated by reference in this final rule, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; 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 at regulations.gov under Docket No. FAA–2023–1049. Other Related Service Information: For Leonardo Helicopters service information that is identified in this final rule, 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: Dan McCully, Program Manager, DATES: PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 International Validation Branch, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (404) 474–5548; email william.mccully@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2023–1049; Project Identifier AD–2023–00591–R’’ at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, 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 final rule 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 final rule. 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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Dan McCully, Program Manager, International Validation Branch, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (404) 474–5548; email william.mccully@ faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA issued Emergency AD 2023– 07–51 on March 31, 2023, to address an unsafe condition on all Leonardo S.p.a. Model AB139 and AW139 helicopters. E:\FR\FM\23MYR1.SGM 23MYR1 Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 The FAA sent Emergency AD 2023–07– 51 to all known U.S. owners and operators of those helicopters. Emergency AD 2023–07–51 required inspecting for a gap between the M/R pitch link upper rod end assembly bearing and the pitch control lever assembly and, depending on the results, replacing or re-identifying the M/R pitch link upper rod end assembly. Emergency AD 2023–07–51 also prohibited installing an affected M/R pitch link upper rod end assembly. Emergency AD 2023–07–51 was prompted by EASA Emergency AD 2023–0071–E, dated March 31, 2023 (EASA AD 2023–0071–E), issued by EASA, which is the Technical Agent for the Member States of the European Union. EASA advises of a report of excessive play of a bearing installed in an M/R pitch link upper rod end assembly part number (P/N) 3G6230A01133. EASA also advises that subsequent investigation revealed that the excessive play was due to incorrect installation of the bearing during production. You may examine EASA AD 2023–0071–E in the AD docket at regulations.gov under Docket No. FAA– 2023–1049. The FAA issued Emergency AD 2023– 07–51 to detect incorrect installation of a bearing. This condition, if not addressed, could result in a crack in the M/R pitch link upper rod end assembly, failure of the M/R pitch link upper rod end assembly, and subsequent loss of control of the helicopter. Actions Since Emergency AD 2023–07– 51 Was Issued Since the FAA issued Emergency AD 2023–07–51, Leonardo Helicopters contacted the FAA and clarified that a gap not exceeding 0.5 mm between the pitch link top bearing and associated seat is permitted in the service information required by EASA AD 2023–0071–E to accommodate the sliding of the bushing into the lug per design. Leonardo Helicopters also stated that prohibiting any gap may ground some helicopters that are within design parameters. Leonardo Helicopters subsequently submitted a request for a global alternative method of compliance (AMOC), which the FAA approved. The global AMOC allowed measuring the gap between the M/R pitch link upper rod end assembly bearing and the pitch control lever assembly on each side without cleaning the area or using a feeler gauge. The approved global AMOC also allowed a gap up to and including 0.5 mm in width. From additional review since issuance of the global AMOC, the FAA has determined that cleaning the inspection area and VerDate Sep<11>2014 16:01 May 22, 2023 Jkt 259001 using a feeler gauge for the inspection are required. The FAA has also reduced the maximum allowable gap to less than 0.5 mm. Accordingly, the global AMOC approved for Emergency AD 2023–07– 51 is not approved as an AMOC for the corresponding requirements of this AD. Related Service Information Under 1 CFR Part 51 EASA AD 2023–0071–E requires a one-time dimensional check of affected M/R pitch link upper rod end assemblies and, depending on the results, replacing or re-identifying the affected part. EASA AD 2023–0071–E also prohibits installing an affected M/ R pitch link upper rod end assembly. 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 Emergency Alert Service Bulletin No. 139–754, dated March 31, 2023. This service information specifies procedures for certain serial-numbered M/R pitch link upper rod end assemblies P/N 3G6230A01133 that are not marked with the letter ‘‘R.’’ This service information specifies a one-time inspection by cleaning the upper M/R pitch link upper rod end assembly bearing, bolt, and pitch lever assembly; and using a feeler gauge to inspect for a gap. Depending on the results, this service information specifies procedures for replacing the M/R pitch link upper rod end assembly, completing an inspection report, contacting LHD [Leonardo Helicopters Division], and sending the removed M/R pitch link upper rod end assembly to LHD; or marking the letter ‘‘R’’ near the M/R pitch link upper rod end assembly serial number. 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 this State of Design Authority, it has notified the FAA of the unsafe condition described in its AD and the service information described above. The FAA is issuing this AD after determining that the unsafe condition described previously is likely to exist or develop on other products of these same type designs. AD Requirements This AD requires accomplishing the actions specified in EASA AD 2023– PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 32957 0071–E, described previously as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this AD and except as discussed under ‘‘Differences Between this 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, EASA AD 2023– 0071–E is incorporated by reference in this FAA final rule. This AD, therefore, requires compliance with EASA AD 2023–0071–E in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this AD. Using common terms that are the same as the heading of a particular section in EASA AD 2023–0071–E 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 2023–0071–E. Service information referenced in EASA AD 2023–0071–E for compliance will be available at regulations.gov under Docket No. FAA–2023–1049 after this final rule is published. Differences Between This AD and the EASA AD EASA AD 2023–0071–E requires a dimensional check before next flight, whereas this AD requires inspecting for a gap within four calendar days. EASA AD 2023–0071–E requires re-identifying an affected M/R pitch link upper rod end assembly that passed the dimensional inspection within 25 flight hours or at the next removal of an affected part, whichever occurs first, whereas this AD requires that action within 25 hours time-in-service. Justification for Immediate Adoption and Determination of the Effective Date Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for ‘‘good cause,’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, E:\FR\FM\23MYR1.SGM 23MYR1 32958 Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Rules and Regulations upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause. An unsafe condition exists that required the immediate adoption of Emergency AD 2023–07–51, issued on March 31, 2023, to all known U.S. owners and operators of these helicopters. The FAA found that the risk to the flying public justifies foregoing notice and comment prior to adoption of this rule because the main rotor pitch link upper rod end assembly is critical to the control of a helicopter and failure of the main rotor pitch link upper rod end assembly could occur during any phase of flight without previous indication. The FAA has no information pertaining to how quickly the condition may propagate to failure. Thus, the required inspection must be accomplished within four calendar days. These conditions still exist, therefore, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days, for the same reasons the FAA found good cause to forgo notice and comment. Regulatory Flexibility Act The requirements of the Regulatory Flexibility Act (RFA) do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because FAA has determined that it has good cause to adopt this rule without prior notice and comment, RFA analysis is not required. lotter on DSK11XQN23PROD with RULES1 The FAA estimates that this AD affects 117 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. Inspecting an M/R pitch link rod end assembly will take about 1 work-hour for an estimated cost of $85 per helicopter and up to $9,945 for the U.S. fleet. Re-identifying an M/R pitch link upper rod end assembly will take a minimal amount of time with a nominal parts cost. Replacing an M/R pitch link rod end assembly will take about 2 work-hours and parts will cost about $5,698, for an estimated cost of $5,868 per helicopter. 16:01 May 22, 2023 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, and (2) Will not affect intrastate aviation in Alaska. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Amendment Costs of Compliance VerDate Sep<11>2014 Authority for This Rulemaking Jkt 259001 Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ 2023–10–05 Leonardo S.p.a.: Amendment 39–22441; Docket No. FAA–2023–1049; Project Identifier AD–2023–00591–R. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 (a) Effective Date This airworthiness directive (AD) is effective June 7, 2023. (b) Affected ADs This AD replaces Emergency AD 2023–07– 51, Project Identifier MCAI–2023–00551–R, issued on March 31, 2023. (c) Applicability This AD applies to all Leonardo S.p.a. Model AB139 and AW139 helicopters, certificated in any category. (d) Subject Joint Aircraft System Component (JASC) Code: 6200, Main Rotor System. (e) Unsafe Condition This AD was prompted by a report of excessive play of the bearing installed in a main rotor (M/R) pitch link upper rod end assembly. The FAA is issuing this AD to detect incorrect installation of the bearing. The unsafe condition, if not addressed, could result in a crack in the M/R pitch link upper rod end assembly, failure of the M/R pitch link upper rod end assembly, 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 Emergency AD 2023– 0071–E, dated March 31, 2023 (EASA AD 2023–0071–E). (h) Exceptions to EASA AD 2023–0071–E (1) Where EASA AD 2023–0071–E refers to its effective date, this AD requires using the effective date of this AD. (2) Where EASA AD 2023–0071–E requires compliance in terms of flight hours, this AD requires using hours time-in-service. (3) Where paragraph (1) of EASA AD 2023– 0071–E states, ‘‘before next flight;’’ for this AD, replace that text with, ‘‘within four calendar days.’’ (4) Where paragraph (1) of EASA AD 2023– 0071–E requires a dimensional check, this AD requires an inspection for a gap. (5) Instead of complying with paragraph (2) of EASA AD 2023–0071–E, comply with the following: ‘‘As a result of the inspection required by paragraph (1) of EASA AD 2023– 0071–E, for this AD, if there is any gap that measures 0.5 mm or more between the M/R pitch link upper rod end assembly bearing and the pitch control lever assembly on either side, before further flight, remove the affected part, as defined in EASA AD 2023– 0071–E, from service and replace it with a serviceable part, as defined in EASA AD 2023–0071–E.’’ (6) Where paragraph (3) of EASA AD 2023– 0071–E states, ‘‘Within 25 flight hours, or at the next removal of an affected part, whichever occurs first;’’ for this AD, replace that text with, ‘‘Within 25 hours time-inservice.’’ E:\FR\FM\23MYR1.SGM 23MYR1 Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Rules and Regulations (7) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2023–0071–E. (i) No Reporting Requirement Although the service information referenced in EASA AD 2023–0071–E specifies to submit certain information to the manufacturer, this AD does not include that requirement. Issued on May 17, 2023. Michael Linegang, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–10996 Filed 5–19–23; 11:15 am] 3. The office of Aeronautical Information Services, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@ nara.gov or go to: https:// www.archives.gov/federal-register/cfr/ ibr-locations.html. (j) Special Flight Permits Special flight permits are prohibited. BILLING CODE 4910–13–P (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 § 39.19. In accordance with § 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 certification office, send it to the attention of the person identified in paragraph (l) of this AD. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph (l) of this AD or email to: 9-AVSAIR-730-AMOC@faa.gov. If mailing information, also submit information by email. (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. DEPARTMENT OF TRANSPORTATION Availability Federal Aviation Administration All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located. FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures and Airspace Group, Flight Technologies and Procedures Division, Flight Standards Service, Federal Aviation Administration. Mailing Address: FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace Group, 6500 South MacArthur Blvd., STB Annex, Bldg 26, Room 217, Oklahoma City, OK 73099. Telephone (405) 954–1139. SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by establishing, amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA Forms 8260–3, 8260–4, 8260–5, 8260– 15A, 8260–15B, when required by an entry on 8260–15A, and 8260–15C. The large number of SIAPs, Takeoff Minimums and ODPs, their complex nature, and the need for a special format make publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their graphic depiction on charts printed by publishers or aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA form documents is unnecessary. This amendment provides the affected CFR sections and specifies the typed of SIAPS, Takeoff Minimums and ODPs (l) Additional Information For more information about this AD, contact Dan McCully, Program Manager, International Validation Branch, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (404) 474–5548; email william.mccully@faa.gov. lotter on DSK11XQN23PROD with RULES1 email: fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. 32959 (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 the AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) Emergency AD 2023–0071–E, dated March 31, 2023. (ii) [Reserved] (3) For EASA AD 2023–0071–E, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; 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 service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, VerDate Sep<11>2014 16:01 May 22, 2023 Jkt 259001 14 CFR Part 97 [Docket No. 31485Amdt. No. 4059] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPS) and associated Takeoff Minimums and Obstacle Departure procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES: This rule is effective May 23, 2023. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of May 23, 2023. SUMMARY: Availability of matters incorporated by reference in the amendment is as follows: ADDRESSES: For Examination 1. U.S. Department of Transportation, Docket Ops-M30. 1200 New Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC, 20590–0001. 2. The FAA Air Traffic Organization Service Area in which the affected airport is located; PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\23MYR1.SGM 23MYR1

Agencies

[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Rules and Regulations]
[Pages 32956-32959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10996]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1049; Project Identifier AD-2023-00591-R; 
Amendment 39-22441; AD 2023-10-05]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Emergency Airworthiness Directive (AD) 
2023-07-51, which applied to all Leonardo S.p.a. Model AB139 and AW139 
helicopters and which was previously sent to all known U.S. owners and 
operators of those helicopters. Emergency AD 2023-07-51 required 
inspecting for a gap between the main rotor (M/R) pitch link upper rod 
end assembly bearing and the pitch control lever assembly and, 
depending on the results, replacing or re-identifying the M/R pitch 
link upper rod end assembly. Emergency AD 2023-07-51 also prohibited 
installing an affected M/R pitch link upper rod end assembly. Since the 
FAA issued Emergency AD 2023-07-51, it has been determined that a gap 
between the M/R pitch link upper rod end assembly bearing and the pitch 
control lever assembly that is within a certain dimension tolerance is 
acceptable. This AD continues to require the actions in Emergency AD 
2023-07-51, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is incorporated by reference in this AD, but allows a 
gap of less than 0.5 mm. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective June 7, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 7, 
2023.
    The FAA must receive comments on this AD by July 7, 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-2023-1049; 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, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material that is incorporated by reference 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 at 
regulations.gov under Docket No. FAA-2023-1049.
    Other Related Service Information: For Leonardo Helicopters service 
information that is identified in this final rule, 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: Dan McCully, Program Manager, 
International Validation Branch, FAA, 1600 Stewart Ave., Suite 410, 
Westbury, NY 11590; telephone (404) 474-5548; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2023-1049; Project Identifier AD-
2023-00591-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Dan 
McCully, Program Manager, International Validation Branch, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (404) 474-5548; 
email [email protected]. Any commentary that the FAA receives 
which is not specifically designated as CBI will be placed in the 
public docket for this rulemaking.

Background

    The FAA issued Emergency AD 2023-07-51 on March 31, 2023, to 
address an unsafe condition on all Leonardo S.p.a. Model AB139 and 
AW139 helicopters.

[[Page 32957]]

The FAA sent Emergency AD 2023-07-51 to all known U.S. owners and 
operators of those helicopters.
    Emergency AD 2023-07-51 required inspecting for a gap between the 
M/R pitch link upper rod end assembly bearing and the pitch control 
lever assembly and, depending on the results, replacing or re-
identifying the M/R pitch link upper rod end assembly. Emergency AD 
2023-07-51 also prohibited installing an affected M/R pitch link upper 
rod end assembly.
    Emergency AD 2023-07-51 was prompted by EASA Emergency AD 2023-
0071-E, dated March 31, 2023 (EASA AD 2023-0071-E), issued by EASA, 
which is the Technical Agent for the Member States of the European 
Union. EASA advises of a report of excessive play of a bearing 
installed in an M/R pitch link upper rod end assembly part number (P/N) 
3G6230A01133. EASA also advises that subsequent investigation revealed 
that the excessive play was due to incorrect installation of the 
bearing during production. You may examine EASA AD 2023-0071-E in the 
AD docket at regulations.gov under Docket No. FAA-2023-1049.
    The FAA issued Emergency AD 2023-07-51 to detect incorrect 
installation of a bearing. This condition, if not addressed, could 
result in a crack in the M/R pitch link upper rod end assembly, failure 
of the M/R pitch link upper rod end assembly, and subsequent loss of 
control of the helicopter.

Actions Since Emergency AD 2023-07-51 Was Issued

    Since the FAA issued Emergency AD 2023-07-51, Leonardo Helicopters 
contacted the FAA and clarified that a gap not exceeding 0.5 mm between 
the pitch link top bearing and associated seat is permitted in the 
service information required by EASA AD 2023-0071-E to accommodate the 
sliding of the bushing into the lug per design. Leonardo Helicopters 
also stated that prohibiting any gap may ground some helicopters that 
are within design parameters. Leonardo Helicopters subsequently 
submitted a request for a global alternative method of compliance 
(AMOC), which the FAA approved. The global AMOC allowed measuring the 
gap between the M/R pitch link upper rod end assembly bearing and the 
pitch control lever assembly on each side without cleaning the area or 
using a feeler gauge. The approved global AMOC also allowed a gap up to 
and including 0.5 mm in width. From additional review since issuance of 
the global AMOC, the FAA has determined that cleaning the inspection 
area and using a feeler gauge for the inspection are required. The FAA 
has also reduced the maximum allowable gap to less than 0.5 mm. 
Accordingly, the global AMOC approved for Emergency AD 2023-07-51 is 
not approved as an AMOC for the corresponding requirements of this AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0071-E requires a one-time dimensional check of 
affected M/R pitch link upper rod end assemblies and, depending on the 
results, replacing or re-identifying the affected part. EASA AD 2023-
0071-E also prohibits installing an affected M/R pitch link upper rod 
end assembly.
    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 Emergency Alert Service 
Bulletin No. 139-754, dated March 31, 2023. This service information 
specifies procedures for certain serial-numbered M/R pitch link upper 
rod end assemblies P/N 3G6230A01133 that are not marked with the letter 
``R.'' This service information specifies a one-time inspection by 
cleaning the upper M/R pitch link upper rod end assembly bearing, bolt, 
and pitch lever assembly; and using a feeler gauge to inspect for a 
gap. Depending on the results, this service information specifies 
procedures for replacing the M/R pitch link upper rod end assembly, 
completing an inspection report, contacting LHD [Leonardo Helicopters 
Division], and sending the removed M/R pitch link upper rod end 
assembly to LHD; or marking the letter ``R'' near the M/R pitch link 
upper rod end assembly serial number.

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 this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
its AD and the service information described above. The FAA is issuing 
this AD after determining that the unsafe condition described 
previously is likely to exist or develop on other products of these 
same type designs.

AD Requirements

    This AD requires accomplishing the actions specified in EASA AD 
2023-0071-E, described previously as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD and except as discussed under ``Differences Between this 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, 
EASA AD 2023-0071-E is incorporated by reference in this FAA final 
rule. This AD, therefore, requires compliance with EASA AD 2023-0071-E 
in its entirety through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this AD. Using 
common terms that are the same as the heading of a particular section 
in EASA AD 2023-0071-E 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 2023-0071-E. Service information 
referenced in EASA AD 2023-0071-E for compliance will be available at 
regulations.gov under Docket No. FAA-2023-1049 after this final rule is 
published.

Differences Between This AD and the EASA AD

    EASA AD 2023-0071-E requires a dimensional check before next 
flight, whereas this AD requires inspecting for a gap within four 
calendar days. EASA AD 2023-0071-E requires re-identifying an affected 
M/R pitch link upper rod end assembly that passed the dimensional 
inspection within 25 flight hours or at the next removal of an affected 
part, whichever occurs first, whereas this AD requires that action 
within 25 hours time-in-service.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency,

[[Page 32958]]

upon finding good cause, may issue a final rule without providing 
notice and seeking comment prior to issuance. Further, section 553(d) 
of the APA authorizes agencies to make rules effective in less than 
thirty days, upon a finding of good cause.
    An unsafe condition exists that required the immediate adoption of 
Emergency AD 2023-07-51, issued on March 31, 2023, to all known U.S. 
owners and operators of these helicopters. The FAA found that the risk 
to the flying public justifies foregoing notice and comment prior to 
adoption of this rule because the main rotor pitch link upper rod end 
assembly is critical to the control of a helicopter and failure of the 
main rotor pitch link upper rod end assembly could occur during any 
phase of flight without previous indication. The FAA has no information 
pertaining to how quickly the condition may propagate to failure. Thus, 
the required inspection must be accomplished within four calendar days. 
These conditions still exist, therefore, notice and opportunity for 
prior public comment are impracticable and contrary to the public 
interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 117 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.
    Inspecting an M/R pitch link rod end assembly will take about 1 
work-hour for an estimated cost of $85 per helicopter and up to $9,945 
for the U.S. fleet. Re-identifying an M/R pitch link upper rod end 
assembly will take a minimal amount of time with a nominal parts cost. 
Replacing an M/R pitch link rod end assembly will take about 2 work-
hours and parts will cost about $5,698, for an estimated cost of $5,868 
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

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

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:

2023-10-05 Leonardo S.p.a.: Amendment 39-22441; Docket No. FAA-2023-
1049; Project Identifier AD-2023-00591-R.

(a) Effective Date

    This airworthiness directive (AD) is effective June 7, 2023.

(b) Affected ADs

    This AD replaces Emergency AD 2023-07-51, Project Identifier 
MCAI-2023-00551-R, issued on March 31, 2023.

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model AB139 and AW139 
helicopters, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of excessive play of the 
bearing installed in a main rotor (M/R) pitch link upper rod end 
assembly. The FAA is issuing this AD to detect incorrect 
installation of the bearing. The unsafe condition, if not addressed, 
could result in a crack in the M/R pitch link upper rod end 
assembly, failure of the M/R pitch link upper rod end assembly, 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 Emergency AD 
2023-0071-E, dated March 31, 2023 (EASA AD 2023-0071-E).

(h) Exceptions to EASA AD 2023-0071-E

    (1) Where EASA AD 2023-0071-E refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2023-0071-E requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (3) Where paragraph (1) of EASA AD 2023-0071-E states, ``before 
next flight;'' for this AD, replace that text with, ``within four 
calendar days.''
    (4) Where paragraph (1) of EASA AD 2023-0071-E requires a 
dimensional check, this AD requires an inspection for a gap.
    (5) Instead of complying with paragraph (2) of EASA AD 2023-
0071-E, comply with the following: ``As a result of the inspection 
required by paragraph (1) of EASA AD 2023-0071-E, for this AD, if 
there is any gap that measures 0.5 mm or more between the M/R pitch 
link upper rod end assembly bearing and the pitch control lever 
assembly on either side, before further flight, remove the affected 
part, as defined in EASA AD 2023-0071-E, from service and replace it 
with a serviceable part, as defined in EASA AD 2023-0071-E.''
    (6) Where paragraph (3) of EASA AD 2023-0071-E states, ``Within 
25 flight hours, or at the next removal of an affected part, 
whichever occurs first;'' for this AD, replace that text with, 
``Within 25 hours time-in-service.''

[[Page 32959]]

    (7) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0071-E.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-
0071-E specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(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 Sec.  39.19. In accordance with Sec.  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 certification office, send it to the 
attention of the person identified in paragraph (l) of this AD. If 
sending information directly to the manager of the International 
Validation Branch, mail it to the address identified in paragraph 
(l) of this AD or email to: [email protected]. If mailing 
information, also submit information by email.
    (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) Additional Information

    For more information about this AD, contact Dan McCully, Program 
Manager, International Validation Branch, FAA, 1600 Stewart Ave., 
Suite 410, Westbury, NY 11590; telephone (404) 474-5548; 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 the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) Emergency AD 
2023-0071-E, dated March 31, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0071-E, 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 service information 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 May 17, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-10996 Filed 5-19-23; 11:15 am]
BILLING CODE 4910-13-P

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