Airworthiness Directives; Leonardo S.p.a. Helicopters, 67999-68002 [2023-21636]
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Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Proposed Rules
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
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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
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SUMMARY:
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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, KonradAdenauer-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.
• 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 9-AVS-AIR-BACOCOS@faa.gov.
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
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67999
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 9-AVSAIR-BACO-COS@faa.gov. 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
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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.
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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
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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
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‘‘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 workhours 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
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retaining bolt) would take about 2 workhours 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 workhours 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 workhour 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
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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
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:
■
Leonardo S.p.a.: Docket No. FAA–2023–
1894; Project Identifier MCAI–2022–
00334–R.
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(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
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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
Maximum torque force check
Dimensional check
2nd Maximum torque force check
Passed ...........................................
Failed .............................................
Failed .............................................
Failed .............................................
N/A ................................................
Passed ..........................................
Failed ............................................
Passed ..........................................
N/A ................................................
Passed ..........................................
N/A ................................................
Failed ............................................
Scissor coupling check outcome
Passed.
Passed.
Failed.
Failed.
TABLE 2 TO PARAGRAPH (h)(8)—AXIAL PLAY INSPECTION INTERPRETATION
Axial play value is 0.25 mm or less ..............................................................................................................................
Axial play value is more than 0.25 mm or the ball bearing is dislodged ......................................................................
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(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
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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: 9-AVS-AIR730-AMOC@faa.gov.
(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 9-AVS-AIR-BACO-COS@faa.gov.
(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 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 material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
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Passed.
Failed.
of this material at NARA, email
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.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
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1891; Project
Identifier AD–2023–00612–R]
RIN 2120–AA64
Airworthiness Directives; Centerpointe
Aerospace Inc. Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Centerpointe Aerospace Inc.
(Centerpointe) Model S–58BT, S–58DT,
S–58ET, S–58FT, S–58HT, and S–58JT
helicopters. This proposed AD was
prompted by an indication of a crack on
the angle gearbox mount (AGBM). This
proposed AD would require repetitively
performing a fluorescent penetrant
inspection (FPI) and depending on the
results, removing the AGBM from
service. The FAA is proposing this AD
to address the unsafe condition on these
products.
SUMMARY:
E:\FR\FM\03OCP1.SGM
03OCP1
Agencies
[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).
-----------------------------------------------------------------------
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