Airworthiness Directives; Leonardo S.p.a. Helicopters, 75472-75475 [2024-20969]

Download as PDF lotter on DSK11XQN23PROD with RULES1 75472 Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Rules and Regulations (h) Exceptions to EASA AD 2022–0140 (1) Where EASA AD 2022–0140 requires compliance in terms of flight hours, this AD, requires using hours time-in-service. (2) Where EASA AD 2022–0140 refers to its effective date, this AD requires using the effective date of this AD. (3) Where paragraph (1) of EASA AD 2022– 0140 states, ‘‘in accordance with the instructions of the ASB,’’ for this AD, replace that text with ‘‘in accordance with the Accomplishment Instructions, paragraph 3.B.2.b. of the ASB, except you are not required to comply with paragraph 3.B.2.c.’’ (4) Where paragraph (2) of EASA AD 2022– 0140 states to ‘‘replace the affected part with a serviceable part, in accordance with the instructions of the ASB’’ for this AD, replace that text with ‘‘remove the affected part, as defined in EASA AD 2022–0140, from service and replace it with a serviceable part, as defined in EASA AD 2022–0140, in accordance with the Accomplishment Instructions, paragraph 3.B.2.d. of the ASB, except you are not required to send an affected part to Airbus Helicopters or comply with paragraphs 2.D or 3.B.3 of the ASB.’’ (5) Where the service information referenced in EASA AD 2022–0140 specifies ‘‘install a flange assy coupling (1) correctly assembled,’’ for this AD, replace that text with ‘‘install a correctly assembled MGB coupling.’’ (6) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2022–0140. (m) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this material as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2022–0140, dated July 7, 2022. (ii) [Reserved] (3) For EASA material identified in this AD, 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 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. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@nara.gov. (i) No Reporting or Return of Parts Although the service information referenced in EASA AD 2022–0140 specifies to submit certain information and return parts to the manufacturer, this AD does not require those actions. [FR Doc. 2024–20844 Filed 9–13–24; 8:45 am] (j) Special Flight Permits Special flight permits may be issued in accordance with 14 CFR 21.197 and 21.199 in order to fly to a maintenance area to perform the required actions in this AD, provided there are no passengers onboard. Federal Aviation Administration (k) Alternative Methods of Compliance (AMOCs) (1) The Manager, West Certification 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 certification office, send it to the attention of the person identified in paragraph (l) of this AD. Information may be emailed to 9-ANMLAACO-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. RIN 2120–AA64 (l) Related Information For more information about this AD, contact Hal Jensen, Aviation Safety Engineer, FAA; 3960 Paramount Boulevard, Lakewood, CA 90712; telephone (303) 342–1080; email hal.jensen@faa.gov. VerDate Sep<11>2014 16:12 Sep 13, 2024 Jkt 262001 Issued on September 10, 2024. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION 14 CFR Part 39 [Docket No. FAA–2023–2238; Project Identifier MCAI–2023–00698–R; Amendment 39–22803; AD 2024–15–11] Airworthiness Directives; Leonardo S.p.a. Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for all Leonardo S.p.a. Model A109C, A109E, A109K2, A109S, and AW109SP helicopters. This AD was prompted by reports of loose tail rotor duplex bearing locking nuts, possibly caused by improper installation. This AD requires disassembling certain tail rotor duplex bearings and reassembling them in accordance with updated procedures. This AD also prohibits installing certain tail rotor duplex bearing housings and pitch change slider assemblies. These actions are specified in a European Union Aviation Safety Agency (EASA) SUMMARY: PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective October 21, 2024. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 21, 2024. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–2238; 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 address for Docket Operations is U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. Material Incorporated by Reference: • For EASA material identified in this AD, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: ADs@ easa.europa.eu; website: 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. It is also available at regulations.gov under Docket No. FAA–2023–2238. FOR FURTHER INFORMATION CONTACT: William McCully, Aviation Safety Engineer, FAA, International Validation Branch, FAA, 1600 Stewart Ave. Suite 410, Westbury, NY 11590; phone: (404) 474–5548; email: william.mccully@ faa.gov. SUPPLEMENTARY INFORMATION: Background EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2023–0105, dated May 23, 2023 (EASA AD 2023– 0105), to correct an unsafe condition on Leonardo S.p.A. Model A109C, A109E, A109K2, A109LUH, A109S, and AW109SP helicopters. The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Leonardo S.p.a. Model A109C, A109E, A109K2, A109S, and AW109SP helicopters. The NPRM published in the Federal Register on December 11, 2023 (88 FR 85856). The E:\FR\FM\16SER1.SGM 16SER1 Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Rules and Regulations NPRM was prompted by reports of loose tail rotor duplex bearing locking nuts. Investigations identified incorrect accomplishment of the assembly and continued maintenance instructions of the tail rotor duplex bearing housing and slider group as the most likely root cause of that loosening. Accordingly, the NPRM proposed to require disassembling certain tail rotor duplex bearing housings and pitch change slider assemblies and reassembling them in accordance with updated procedures. The NPRM also proposed to prohibit installing certain tail rotor duplex bearing housings and pitch change slider assemblies. These actions are specified in EASA AD 2023–0105. The FAA is issuing this AD to detect and address the incorrect assembly of the tail rotor duplex bearing. This unsafe condition, if not addressed, could lead to failure of the tail rotor function, possibly resulting in loss of control of the helicopter. See EASA AD 2023–0105 for additional background information. Discussion of Final Airworthiness Directive Comments The FAA received comments from one commenter, Air Methods. The following presents the comments received on the NPRM and the FAA’s response to each comment. lotter on DSK11XQN23PROD with RULES1 Comments Regarding Compliance With Updated Maintenance Procedures Air Methods commented that, upon review of the ASB [alert service bulletin] and the existing MM [maintenance manual], changes to the MM appear to be relatively minor between the existing MM procedures and the updated maintenance procedures (defined in EASA AD 2023– 0105 as ‘‘the updated procedure’’ and that are included in the alert service bulletins 1 that are referenced for compliance). Air Methods also requested the FAA to advise of the reasoning behind the proposed AD requirement when the maintenance 1 Leonardo Helicopters Alert Service Bulletin (ASB) No. 109–158, ASB No. 109EP–180, ASB No. 109K–076, ASB No. 109S–115, and ASB No. 109SP–154, each dated March 21, 2023, contain updated maintenance procedures (referenced as ‘‘Annex A’’ or ‘‘Annex B’’ in the ASBs, as applicable) for assembling the tail rotor housing and slider assembly. The updated maintenance procedures are MM Paragraph 64–30–3 Revision 5, MM Paragraph 64–31–6 Revision 16, MM Paragraph 64–30–5 Revision 5, MM Paragraph 64–31–6 Rev. 6, and AMP DM 0B–A–64–31–06–00A–710A–B Issue 13, as applicable. The identified ASBs are referenced in EASA AD 2023–0105 for compliance and will be available at regulations.gov under Docket No. FAA–2023–2238 after this FAA final rule is published. VerDate Sep<11>2014 16:12 Sep 13, 2024 Jkt 262001 procedures should get updated to accurately reflect the new work steps and this area has a 180-day recurrent inspection. The FAA infers that Air Methods is requesting justification of the proposed requirement in the NPRM to replace an affected part, as defined in EASA AD 2023–0105, with a serviceable part, as defined in EASA AD 2023–0105, which may be done by following certain maintenance procedures to disassemble the affected part and updated maintenance procedures to reassemble the affected part, instead of allowing for accomplishment of anticipated updated maintenance procedures to address the unsafe condition without an AD. The FAA cannot require a manufacturer to revise its maintenance publications and, operators are subject to the specific manufacturer’s maintenance procedures at time of delivery, which may vary. Therefore, to mandate specific procedures when an unsafe condition has been determined, the FAA must issue an AD to address and correct that unsafe condition. Lastly, compliance times in AD actions commonly specify multiple compliance time units to capture varying usage of the fleet and various factors related to the unsafe condition. The compliance time proposed by the NPRM to accomplish the replacement is within 100 hours time-in-service or 6 months, whichever occurs first. The purpose of the ‘‘within 100 hours time-in-service’’ compliance time unit is to capture high usage helicopters, which have an increased likeliness of occurrence of a failure, that a 180-day compliance time alone would not capture to an acceptable level of safety. Comments Regarding Compliance With Future Revisions of the Updated Maintenance Procedures Air Methods stated that there are three levels of documents to comply with to accomplish the proposed AD; EASA AD 2023–0105, the ASB [alert service bulletins] (that are referred to as ‘‘the ASB’’ and referenced in EASA AD 2023–0105 for compliance), and MM [maintenance manual] (particularly, maintenance procedures, that are referenced in the alert service bulletins for compliance and are normally available in maintenance publications). Air Methods also stated that the proposed AD does not address future revisions of the updated maintenance procedures identified in EASA AD 2023–0105 (defined in EASA AD 2023– 0105 as ‘‘the updated procedure’’) and the alert service bulletins. The NPRM proposed to require accomplishing the required actions and PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 75473 compliance times specified in EASA AD 2023–0105 with certain exceptions. Through that incorporation, the NPRM proposed to allow using future revisions of the maintenance procedures because EASA AD 2023–0105 defines ‘‘the updated procedure’’ by identifying certain revisions of the maintenance procedures for the applicable model helicopters and explicitly states ‘‘or later revisions;’’ and, the NPRM did not propose an exception to prohibit using later revisions of the updated maintenance procedures. The NPRM did not propose compliance with part II of the alert service bulletins. Air Methods asked if the FAA intends to require an AD logbook signoff each time this area is disassembled/ reassembled after the initial task compliance. Air Methods also asked if the signoff with the ‘‘the updated procedure’’ as identified in EASA AD 2023–0105, or later, is sufficient for future maintenance as it is impossible to forecast unplanned maintenance and the current version of the maintenance procedures would be used for this maintenance. The requirements proposed in the NPRM do not require an AD logbook signoff each time the tail rotor duplex bearing housing or pitch change slider assembly are disassembled and reassembled. The NPRM proposed to require a one-time replacement, and compliance must be entered into the helicopter maintenance records in accordance with 14 CFR 43.9(a) and 91.417(a)(2)(v) for that one-time replacement. Thereafter, the NPRM proposed to prohibit installing any tail rotor duplex bearing housing part number (P/N) 109–0130–94–XXX and any pitch change slider assembly P/N 109–0130–91–XXX (with ‘‘XXX’’ representing any numerical sequence) that has been disassembled and (re)assembled in service using maintenance procedures issued prior to the updated procedure, as defined in EASA AD 2023–0105. There is no logbook entry for part installation prohibitions because the identified parts must not be installed on any helicopters. Additional Changes Since the NPRM Was Issued Since the FAA issued the NPRM, two errors in EASA AD 2023–0105 have been identified. EASA AD 2023–0105 inadvertently omits ‘‘MM Paragraph 64– 31–6 Rev. 6’’ (for certain serialnumbered Model A109K2 helicopters) in its definition of ‘‘the updated procedure’’ and inadvertently identifies the updated procedures as ‘‘(as referenced in Annex A of the ASB).’’ E:\FR\FM\16SER1.SGM 16SER1 75474 Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Rules and Regulations The FAA is correcting the omission by adding an exception to revise the definition of ‘‘the updated procedure’’ and is correcting the misidentification by adding an exception to replace that text with ‘‘(as referenced in Annex A or B of the ASB, as applicable).’’ These corrections are relieving as they reduce the population of ‘‘affected parts’’ as defined in EASA AD 2023–0105. Conclusion These helicopters have been approved by EASA and are approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with the European Union, EASA has notified the FAA about the unsafe condition described in its AD. The FAA reviewed the relevant data, considered the comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these helicopters. Except for the changes described previously and minor editorial changes, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator. Material Incorporated by Reference Under 1 CFR Part 51 EASA AD 2023–0105 requires replacing certain parts through the disassembly and reassembly of the tail rotor duplex bearing and the pitch change slider assembly. EASA AD 2023–0105 also prohibits installing certain parts on any helicopter. 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. Differences Between This AD and the EASA EASA AD 2023–0105 applies to Model A109LUH helicopters, whereas this AD does not because that model is not FAA type-certificated. lotter on DSK11XQN23PROD with RULES1 Costs of Compliance The FAA estimates that this AD affects 160 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. Disassembly and reassembly of the tail rotor housing and slider assembly will take approximately 8 work-hours for an estimated cost of $680 per helicopter and $108,800 for the U.S. fleet. VerDate Sep<11>2014 16:12 Sep 13, 2024 Jkt 262001 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency’s authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Will not affect intrastate aviation in Alaska, and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 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: ■ PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 2024–15–11 Leonardo S.p.a.: Amendment 39–22803; Docket No. FAA–2023–2238; Project Identifier MCAI–2023–00698–R. (a) Effective Date This airworthiness directive (AD) is effective October 21, 2024. (b) Affected ADs None. (c) Applicability This AD applies to all Leonardo S.p.a. Model A109C, A109E, A109K2, A109S, and AW109SP helicopters, certificated in any category. (d) Subject Joint Aircraft Service Component (JASC) Code: 6400, Tail Rotor System. (e) Unsafe Condition This AD was prompted by reports of loose tail rotor duplex bearing locking nuts, possibly caused by improper installation. The FAA is issuing this AD to detect and address the incorrect assembly of the tail rotor duplex bearing. The unsafe condition, if not addressed, could lead to failure of the tail rotor function, possibly resulting in loss of control of the helicopter. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraphs (h) and (i) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2023– 0105, dated May 23, 2023 (EASA AD 2023– 0105). (h) Exceptions to EASA AD 2023–0105 (1) Where EASA AD 2023–0105 defines the updated procedure as ‘‘Paragraph 64–30–3 Rev. 5 (for A109C helicopters), MM Paragraph 64–31–6 Rev. 16 (for A109E helicopters), MM Paragraph 64–30–5 Rev. 5 (for A109K2 helicopters), AM DM 64–31–10– 00A–710A–B Issue 13 (for A109LUH helicopters) or AMP DM 0B–A–64–31–06– 00A–710A–B Issue 13 (for A109S and AW109SP helicopters), as applicable, or later revisions;’’ for this AD, replace that text with ‘‘Paragraph 64–30–3 Rev. 5 (for A109C helicopters), MM Paragraph 64–31–6 Rev. 16 (for A109E helicopters), MM Paragraph 64– 30–5 Rev. 5 or MM Paragraph 64–31–6 Rev. 6, as applicable (for A109K2 helicopters), or AMP DM 0B–A–64–31–06–00A–710A–B Issue 13 (for A109S and AW109SP helicopters), as applicable, or later revisions.’’ (2) Where EASA AD 2023–0105 states ‘‘Annex A of the ASB;’’ for this AD, replace that text with ‘‘Annex A or B of the ASB, as applicable.’’ (3) Where EASA AD 2023–0105 requires compliance in terms of flight hours, this AD requires using hours time-in-service. (4) Where EASA AD 2023–0105 refers to its effective date, this AD requires using the effective date of this AD. E:\FR\FM\16SER1.SGM 16SER1 Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Rules and Regulations (5) Where the material referenced in EASA AD 2023–0105 specifies to ‘‘discard’’ parts; for this AD, replace that text with ‘‘remove from service.’’ (6) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2023–0105. Issued on September 10, 2024. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024–20969 Filed 9–13–24; 8:45 am] BILLING CODE 4910–13–P (i) No Reporting Requirement Although the material referenced in EASA AD 2023–0105 specifies to submit certain information to the manufacturer, this AD does not include that requirement. (j) Alternative Methods of Compliance (AMOCs) (k) Related Information For more information about this AD, contact William McCully, Aviation Safety Engineer, FAA, International Validation Branch, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 11590; phone: (404) 474–5548; email: william.mccully@faa.gov. lotter on DSK11XQN23PROD with RULES1 (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this material as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2023–0105, dated May 23, 2023. (ii) [Reserved] (3) For EASA material identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: ADs@easa.europa.eu; website: easa.europa.eu. You may find the EASA material on the EASA website at ad.easa.europa.eu. (4) 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. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locationsoremailfr.inspection@nara.gov. 16:12 Sep 13, 2024 Jkt 262001 Federal Aviation Administration 14 CFR Part 97 (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: 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. VerDate Sep<11>2014 DEPARTMENT OF TRANSPORTATION [Docket No. 31564; Amdt. No. 4129] 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 September 16, 2024. 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 September 16, 2024. ADDRESSES: Availability of matters incorporated by reference in the amendment is as follows: SUMMARY: 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; 3. The office of Aeronautical Information Services, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 75475 4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@ nara.gov. Availability 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, Standards Section Manager, Flight Procedures and Airspace Group, Flight Technologies and Procedures Division, Office of Safety Standards, Flight Standards Service, Aviation Safety, 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. 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 97.20. The applicable FAA Forms are 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, pilots 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 types of SIAPS, Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies SUPPLEMENTARY INFORMATION: E:\FR\FM\16SER1.SGM 16SER1

Agencies

[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Rules and Regulations]
[Pages 75472-75475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20969]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2238; Project Identifier MCAI-2023-00698-R; 
Amendment 39-22803; AD 2024-15-11]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Leonardo S.p.a. Model A109C, A109E, A109K2, A109S, and AW109SP 
helicopters. This AD was prompted by reports of loose tail rotor duplex 
bearing locking nuts, possibly caused by improper installation. This AD 
requires disassembling certain tail rotor duplex bearings and 
reassembling them in accordance with updated procedures. This AD also 
prohibits installing certain tail rotor duplex bearing housings and 
pitch change slider assemblies. These actions are specified in a 
European Union Aviation Safety Agency (EASA) AD, which is incorporated 
by reference. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective October 21, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 21, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-2238; 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 address for Docket Operations is U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: [email protected]; website: 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. It is also available at 
regulations.gov under Docket No. FAA-2023-2238.

FOR FURTHER INFORMATION CONTACT: William McCully, Aviation Safety 
Engineer, FAA, International Validation Branch, FAA, 1600 Stewart Ave. 
Suite 410, Westbury, NY 11590; phone: (404) 474-5548; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2023-0105, dated May 23, 2023 (EASA 
AD 2023-0105), to correct an unsafe condition on Leonardo S.p.A. Model 
A109C, A109E, A109K2, A109LUH, A109S, and AW109SP helicopters.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Leonardo S.p.a. 
Model A109C, A109E, A109K2, A109S, and AW109SP helicopters. The NPRM 
published in the Federal Register on December 11, 2023 (88 FR 85856). 
The

[[Page 75473]]

NPRM was prompted by reports of loose tail rotor duplex bearing locking 
nuts. Investigations identified incorrect accomplishment of the 
assembly and continued maintenance instructions of the tail rotor 
duplex bearing housing and slider group as the most likely root cause 
of that loosening. Accordingly, the NPRM proposed to require 
disassembling certain tail rotor duplex bearing housings and pitch 
change slider assemblies and reassembling them in accordance with 
updated procedures. The NPRM also proposed to prohibit installing 
certain tail rotor duplex bearing housings and pitch change slider 
assemblies. These actions are specified in EASA AD 2023-0105.
    The FAA is issuing this AD to detect and address the incorrect 
assembly of the tail rotor duplex bearing. This unsafe condition, if 
not addressed, could lead to failure of the tail rotor function, 
possibly resulting in loss of control of the helicopter. See EASA AD 
2023-0105 for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from one commenter, Air Methods. The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Comments Regarding Compliance With Updated Maintenance Procedures

    Air Methods commented that, upon review of the ASB [alert service 
bulletin] and the existing MM [maintenance manual], changes to the MM 
appear to be relatively minor between the existing MM procedures and 
the updated maintenance procedures (defined in EASA AD 2023-0105 as 
``the updated procedure'' and that are included in the alert service 
bulletins \1\ that are referenced for compliance). Air Methods also 
requested the FAA to advise of the reasoning behind the proposed AD 
requirement when the maintenance procedures should get updated to 
accurately reflect the new work steps and this area has a 180-day 
recurrent inspection.
---------------------------------------------------------------------------

    \1\ Leonardo Helicopters Alert Service Bulletin (ASB) No. 109-
158, ASB No. 109EP-180, ASB No. 109K-076, ASB No. 109S-115, and ASB 
No. 109SP-154, each dated March 21, 2023, contain updated 
maintenance procedures (referenced as ``Annex A'' or ``Annex B'' in 
the ASBs, as applicable) for assembling the tail rotor housing and 
slider assembly. The updated maintenance procedures are MM Paragraph 
64-30-3 Revision 5, MM Paragraph 64-31-6 Revision 16, MM Paragraph 
64-30-5 Revision 5, MM Paragraph 64-31-6 Rev. 6, and AMP DM 0B-A-64-
31-06-00A-710A-B Issue 13, as applicable. The identified ASBs are 
referenced in EASA AD 2023-0105 for compliance and will be available 
at regulations.gov under Docket No. FAA-2023-2238 after this FAA 
final rule is published.
---------------------------------------------------------------------------

    The FAA infers that Air Methods is requesting justification of the 
proposed requirement in the NPRM to replace an affected part, as 
defined in EASA AD 2023-0105, with a serviceable part, as defined in 
EASA AD 2023-0105, which may be done by following certain maintenance 
procedures to disassemble the affected part and updated maintenance 
procedures to reassemble the affected part, instead of allowing for 
accomplishment of anticipated updated maintenance procedures to address 
the unsafe condition without an AD. The FAA cannot require a 
manufacturer to revise its maintenance publications and, operators are 
subject to the specific manufacturer's maintenance procedures at time 
of delivery, which may vary. Therefore, to mandate specific procedures 
when an unsafe condition has been determined, the FAA must issue an AD 
to address and correct that unsafe condition. Lastly, compliance times 
in AD actions commonly specify multiple compliance time units to 
capture varying usage of the fleet and various factors related to the 
unsafe condition. The compliance time proposed by the NPRM to 
accomplish the replacement is within 100 hours time-in-service or 6 
months, whichever occurs first. The purpose of the ``within 100 hours 
time-in-service'' compliance time unit is to capture high usage 
helicopters, which have an increased likeliness of occurrence of a 
failure, that a 180-day compliance time alone would not capture to an 
acceptable level of safety.

Comments Regarding Compliance With Future Revisions of the Updated 
Maintenance Procedures

    Air Methods stated that there are three levels of documents to 
comply with to accomplish the proposed AD; EASA AD 2023-0105, the ASB 
[alert service bulletins] (that are referred to as ``the ASB'' and 
referenced in EASA AD 2023-0105 for compliance), and MM [maintenance 
manual] (particularly, maintenance procedures, that are referenced in 
the alert service bulletins for compliance and are normally available 
in maintenance publications). Air Methods also stated that the proposed 
AD does not address future revisions of the updated maintenance 
procedures identified in EASA AD 2023-0105 (defined in EASA AD 2023-
0105 as ``the updated procedure'') and the alert service bulletins.
    The NPRM proposed to require accomplishing the required actions and 
compliance times specified in EASA AD 2023-0105 with certain 
exceptions. Through that incorporation, the NPRM proposed to allow 
using future revisions of the maintenance procedures because EASA AD 
2023-0105 defines ``the updated procedure'' by identifying certain 
revisions of the maintenance procedures for the applicable model 
helicopters and explicitly states ``or later revisions;'' and, the NPRM 
did not propose an exception to prohibit using later revisions of the 
updated maintenance procedures. The NPRM did not propose compliance 
with part II of the alert service bulletins.
    Air Methods asked if the FAA intends to require an AD logbook 
signoff each time this area is disassembled/reassembled after the 
initial task compliance. Air Methods also asked if the signoff with the 
``the updated procedure'' as identified in EASA AD 2023-0105, or later, 
is sufficient for future maintenance as it is impossible to forecast 
unplanned maintenance and the current version of the maintenance 
procedures would be used for this maintenance.
    The requirements proposed in the NPRM do not require an AD logbook 
signoff each time the tail rotor duplex bearing housing or pitch change 
slider assembly are disassembled and reassembled. The NPRM proposed to 
require a one-time replacement, and compliance must be entered into the 
helicopter maintenance records in accordance with 14 CFR 43.9(a) and 
91.417(a)(2)(v) for that one-time replacement. Thereafter, the NPRM 
proposed to prohibit installing any tail rotor duplex bearing housing 
part number (P/N) 109-0130-94-XXX and any pitch change slider assembly 
P/N 109-0130-91-XXX (with ``XXX'' representing any numerical sequence) 
that has been disassembled and (re)assembled in service using 
maintenance procedures issued prior to the updated procedure, as 
defined in EASA AD 2023-0105. There is no logbook entry for part 
installation prohibitions because the identified parts must not be 
installed on any helicopters.

Additional Changes Since the NPRM Was Issued

    Since the FAA issued the NPRM, two errors in EASA AD 2023-0105 have 
been identified. EASA AD 2023-0105 inadvertently omits ``MM Paragraph 
64-31-6 Rev. 6'' (for certain serial-numbered Model A109K2 helicopters) 
in its definition of ``the updated procedure'' and inadvertently 
identifies the updated procedures as ``(as referenced in Annex A of the 
ASB).''

[[Page 75474]]

The FAA is correcting the omission by adding an exception to revise the 
definition of ``the updated procedure'' and is correcting the 
misidentification by adding an exception to replace that text with 
``(as referenced in Annex A or B of the ASB, as applicable).'' These 
corrections are relieving as they reduce the population of ``affected 
parts'' as defined in EASA AD 2023-0105.

Conclusion

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA about the 
unsafe condition described in its AD. The FAA reviewed the relevant 
data, considered the comments received, and determined that air safety 
requires adopting this AD as proposed. Accordingly, the FAA is issuing 
this AD to address the unsafe condition on these helicopters. Except 
for the changes described previously and minor editorial changes, this 
AD is adopted as proposed in the NPRM. None of the changes will 
increase the economic burden on any operator.

Material Incorporated by Reference Under 1 CFR Part 51

    EASA AD 2023-0105 requires replacing certain parts through the 
disassembly and reassembly of the tail rotor duplex bearing and the 
pitch change slider assembly. EASA AD 2023-0105 also prohibits 
installing certain parts on any helicopter.
    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.

Differences Between This AD and the EASA

    EASA AD 2023-0105 applies to Model A109LUH helicopters, whereas 
this AD does not because that model is not FAA type-certificated.

Costs of Compliance

    The FAA estimates that this AD affects 160 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.
    Disassembly and reassembly of the tail rotor housing and slider 
assembly will take approximately 8 work-hours for an estimated cost of 
$680 per helicopter and $108,800 for the U.S. fleet.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2024-15-11 Leonardo S.p.a.: Amendment 39-22803; Docket No. FAA-2023-
2238; Project Identifier MCAI-2023-00698-R.

(a) Effective Date

    This airworthiness directive (AD) is effective October 21, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model A109C, A109E, 
A109K2, A109S, and AW109SP helicopters, certificated in any 
category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6400, Tail Rotor 
System.

(e) Unsafe Condition

    This AD was prompted by reports of loose tail rotor duplex 
bearing locking nuts, possibly caused by improper installation. The 
FAA is issuing this AD to detect and address the incorrect assembly 
of the tail rotor duplex bearing. The unsafe condition, if not 
addressed, could lead to failure of the tail rotor function, 
possibly resulting in loss of control of the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2023-0105, dated May 23, 2023 (EASA AD 2023-0105).

(h) Exceptions to EASA AD 2023-0105

    (1) Where EASA AD 2023-0105 defines the updated procedure as 
``Paragraph 64-30-3 Rev. 5 (for A109C helicopters), MM Paragraph 64-
31-6 Rev. 16 (for A109E helicopters), MM Paragraph 64-30-5 Rev. 5 
(for A109K2 helicopters), AM DM 64-31-10-00A-710A-B Issue 13 (for 
A109LUH helicopters) or AMP DM 0B-A-64-31-06-00A-710A-B Issue 13 
(for A109S and AW109SP helicopters), as applicable, or later 
revisions;'' for this AD, replace that text with ``Paragraph 64-30-3 
Rev. 5 (for A109C helicopters), MM Paragraph 64-31-6 Rev. 16 (for 
A109E helicopters), MM Paragraph 64-30-5 Rev. 5 or MM Paragraph 64-
31-6 Rev. 6, as applicable (for A109K2 helicopters), or AMP DM 0B-A-
64-31-06-00A-710A-B Issue 13 (for A109S and AW109SP helicopters), as 
applicable, or later revisions.''
    (2) Where EASA AD 2023-0105 states ``Annex A of the ASB;'' for 
this AD, replace that text with ``Annex A or B of the ASB, as 
applicable.''
    (3) Where EASA AD 2023-0105 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (4) Where EASA AD 2023-0105 refers to its effective date, this 
AD requires using the effective date of this AD.

[[Page 75475]]

    (5) Where the material referenced in EASA AD 2023-0105 specifies 
to ``discard'' parts; for this AD, replace that text with ``remove 
from service.''
    (6) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0105.

(i) No Reporting Requirement

    Although the material referenced in EASA AD 2023-0105 specifies 
to submit certain information to the manufacturer, this AD does not 
include that requirement.

(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) Related Information

    For more information about this AD, contact William McCully, 
Aviation Safety Engineer, FAA, International Validation Branch, FAA, 
1600 Stewart Ave., Suite 410, Westbury, NY 11590; phone: (404) 474-
5548; email: [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the material listed in this paragraph 
under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0105, 
dated May 23, 2023.
    (ii) [Reserved]
    (3) For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: [email protected]; website: easa.europa.eu. You may 
find the EASA material on the EASA website at ad.easa.europa.eu.
    (4) 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.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

    Issued on September 10, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-20969 Filed 9-13-24; 8:45 am]
BILLING CODE 4910-13-P
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