Airworthiness Directives; Leonardo S.p.a. Helicopters, 91291-91293 [2024-26811]
Download as PDF
Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Proposed Rules
additional requirements when the
Contract or bond amount changes.
Isabella Casillas Guzman,
Administrator.
[FR Doc. 2024–26831 Filed 11–18–24; 8:45 am]
BILLING CODE 8026–09–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–2425; Project
Identifier MCAI–2023–00967–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 A109C, A109E,
A109S, and AW109SP helicopters. This
proposed AD was prompted by a report
of a quality escape on a batch of main
rotor blades (MRBs). This proposed AD
would require repetitively tap
inspecting certain MRBs, replacing
those MRBs, and prohibit installing
those MRBs, 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 NPRM by January 3, 2025.
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–2024–2425; 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, the mandatory
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
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15:59 Nov 18, 2024
Jkt 265001
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For EASA material identified in this
proposed AD, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; phone: +49 221 8999 000;
email: ADs@easa.europa.eu; website:
easa.europa.eu. You may find this
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
Parkway, 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–2024–2425.
Other Related Material: For Leonardo
material identified in this proposed AD,
contact Leonardo S.p.A., Emanuele
Bufano, Head of Airworthiness, Viale G.
Agusta 520, 21017 C. Costa di Samarate
(Va) Italy; phone: (+39) 0331–225074;
fax: (+39) 0331–229046; or website:
customerportal.leonardocompany.com/
en-US/.
FOR FURTHER INFORMATION CONTACT:
Frank Huynh, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (404) 983–
5288; email: Frank.Huynh@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 the ADDRESSES section. Include
‘‘Docket No. FAA–2024–2425; Project
Identifier MCAI–2023–00967–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
PO 00000
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Fmt 4702
Sfmt 4702
91291
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 Frank Huynh,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; phone: (404) 983–5288;
email: Frank.Huynh@faa.gov. Any
commentary that the FAA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2023–0159,
dated August 10, 2023 (EASA AD 2023–
0159) (also referred to as the MCAI), to
correct an unsafe condition on all
Leonardo S.p.a. Model A109C, A109E,
A109S, and AW109SP helicopters. The
MCAI states that a report was received
of a quality escape on a batch of MRBs,
where the tip cap had been replaced by
following a procedure and using tools
not in accordance with Leonardo
Technical Publications. The FAA is
proposing this AD to prevent premature
debonding of an MRB tip cap, which
could lead to the loss of the MRB tip cap
in flight, possibly resulting in loss of
control of, and damage to, the
helicopter, and injury to occupants.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2024–2425.
Material Incorporated by Reference
Under 1 CFR Part 51
EASA AD 2023–0159 requires
repetitively tap inspecting certain partnumbered and serial-numbered MRBs
for deficiency (debonding) of the tip
cap, and depending on the results,
replacing the MRB. For affected MRBs
that are not replaced as a result of a tap
inspection, EASA AD 2023–0159
requires replacing those MRBs within a
longer compliance time. EASA AD
2023–0159 also prohibits installing
those MRBs on any helicopter.
This material is reasonably available
because the interested parties have
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91292
Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Proposed Rules
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
Other Related Material
The FAA also reviewed Leonardo
Helicopters Alert Service Bulletin (ASB)
No. 109–159, ASB No. 109EP–181, ASB
No. 109S–116, and ASB No. 109SP–158,
each dated August 2, 2023. This
material specifies procedures for tap
inspecting the MRB tip cap for
debonding, determining if any
debonding exceeds allowable limits,
and replacing an MRB.
FAA’s Determination
This product has been approved by
the aviation authority of another
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced 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
design.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
EASA AD 2023–0159, described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this proposed 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 2023–0159 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2023–0159
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 2023–0159 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
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15:59 Nov 18, 2024
Jkt 265001
not limited to the section titled
‘‘Required Action(s) and Compliance
Time(s)’’ in EASA AD 2023–0159.
Material referenced in EASA AD 2023–
0159 for compliance will be available at
regulations.gov under Docket No. FAA–
2024–2425 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 19
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.
Tap inspecting the MRBs (up to four
affected MRBs per helicopter) would
take up to 1 work-hour for an estimated
cost of up to $85 per helicopter and
$1,615 for the U.S. fleet, per inspection
cycle. Replacing an MRB would take 4
work-hours and parts would cost
$111,218 for an estimated cost of
$111,558 per MRB.
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
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Fmt 4702
Sfmt 4702
(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–2024–
2425; Project Identifier MCAI–2023–
00967–R.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by January 3,
2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model
A109C, A109E, A109S, and AW109SP
helicopters, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC)
Code 6210, Main Rotor Blades.
(e) Unsafe Condition
This AD was prompted by a report of a
quality escape on a batch of main rotor
blades (MRBs). The FAA is issuing this AD
to detect and address non-conforming MRB
tip caps. The unsafe condition, if not
addressed, could result in premature
debonding of an MRB tip cap, loss of the
MRB tip cap in flight, and subsequent loss of
control of, and 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 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 AD 2023–0159, dated
August 10, 2023 (EASA AD 2023–0159).
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Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Proposed Rules
(h) Exceptions to EASA AD 2023–0159
(1) Where EASA AD 2023–0159 requires
compliance in terms of flight hours, this AD
requires using hours time-in-service.
(2) Where EASA AD 2023–0159 refers to its
effective date, this AD requires using the
effective date of this AD.
(3) Where the note in the material
referenced in paragraph (1) of EASA AD
2023–0159 specifies that the hammer tapping
inspection must be performed only by
appropriate qualified personnel in
accordance with the national aviation
regulation; for this AD, the tap test must be
accomplished by persons authorized under
14 CFR 43.3. These inspections must be
performed by at least a Level I inspector
certified in the FAA-acceptable standards for
nondestructive inspection personnel.
Note 1 to paragraph (h)(3): Advisory
Circular 65–31B contains examples of FAAacceptable Level I qualification standards
criteria for inspection personnel doing
nondestructive test inspections.
(4) Where paragraph (2) of EASA AD 2023–
0159 states ‘‘any deficiency;’’ this AD
requires replacing that text with ‘‘any
debonding.’’
(5) Where paragraph (2) of EASA AD 2023–
0159 states ‘‘replace that affected part with a
serviceable part in accordance with the
instructions of Part II of the ASB;’’ this AD
requires replacing that text with ‘‘replace that
affected part, as defined in EASA AD 2023–
0159, with a serviceable part, as defined in
EASA AD 2023–0159.’’
(6) Where paragraph (3) of EASA AD 2023–
0159 states ‘‘replace each affected part with
a serviceable part in accordance with the
instructions of Part II of the ASB;’’ this AD
requires replacing that text with ‘‘replace
each affected part, as defined in EASA AD
2023–0159, with a serviceable part, as
defined in EASA AD 2023–0159.’’
(7) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0159.
Although the material referenced in EASA
AD 2023–0159 specifies to submit certain
information to the manufacturer, this AD
does not require that action.
Special flight permits are prohibited.
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
(k) Alternative Methods of Compliance
(AMOCs)
ddrumheller on DSK120RN23PROD with PROPOSALS1
Issued on November 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
Federal Aviation Administration
(j) Special Flight Permits
(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
responsible Flight Standards 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 (l)(1) of this AD and
email to: AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
15:59 Nov 18, 2024
(m) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) 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 2023–0159, dated August 10,
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 this
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 Parkway, 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.
[FR Doc. 2024–26811 Filed 11–18–24; 8:45 am]
(i) No Reporting Requirement
VerDate Sep<11>2014
(l) Additional Information
(1) For more information about this AD,
contact Frank Huynh, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (404) 983–
5288; email: Frank.Huynh@faa.gov.
(2) For advisory circular material identified
in this AD that is not incorporated by
reference, go to faa.gov/regulations_policies/
advisory_circulars/index.cfm/go/
document.information/documentID/1023552.
Jkt 265001
[Docket No. FAA–2024–2533 Airspace
Docket No. 22–AAL–26]
RIN 2120–AA66
Amendment of Colored Federal
Airways Green 8 (G–8), Green 10 (G–
10), Green 12 (G–12), and Red 99 (R–
99). Revocation of Colored Federal
Airway Blue 27 (B–27) and Alaskan
Very High Frequency Omnidirectional
Range Federal Airway V–619 in Alaska
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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91293
This action proposes to
amend Colored Federal Airways Green
8 (G–8), Green 10 (G–10), Green 12 (G–
12), and Red 99 (R–99). Revocation of
Colored Federal Airway Blue 27 (B–27)
and Alaskan Very High Frequency
Omnidirectional Range (VOR) Federal
Airway V–619 in Alaska. This proposed
action is due to the decommissioning of
the Chinook, Fort Davis, Hotham,
Oscarville, and Kachemak
Nondirectional Radio Beacons (NDB) in
Alaska.
SUMMARY:
Comments must be received on
or before January 3, 2025.
DATES:
Send comments identified
by FAA Docket No. FAA–2024–2533
and Airspace Docket No. 22–AAL–26
using any of the following methods:
* Federal eRulemaking Portal: Go to
www.regulations.gov and follow the
online instructions for sending your
comments electronically.
* Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
* Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
* Fax: Fax comments to Docket
Operations at (202) 493–2251.
Docket: Background documents or
comments received may be read at
www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FAA Order JO 7400.11J, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/. You may also contact the
Rules and Regulations Group, Office of
Policy, Federal Aviation
Administration, 600 Independence
Avenue SW, Washington, DC 20597;
telephone: (202) 267–8783.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Steven Roff, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 600
Independence Avenue SW, Washington,
DC 20597; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\19NOP1.SGM
19NOP1
Agencies
[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Proposed Rules]
[Pages 91291-91293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26811]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2425; Project Identifier MCAI-2023-00967-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 A109C, A109E, A109S, and AW109SP
helicopters. This proposed AD was prompted by a report of a quality
escape on a batch of main rotor blades (MRBs). This proposed AD would
require repetitively tap inspecting certain MRBs, replacing those MRBs,
and prohibit installing those MRBs, 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 NPRM by January 3, 2025.
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-2024-2425; 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, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For EASA material identified in this proposed 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 this 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 Parkway, 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-2024-2425.
Other Related Material: For Leonardo material identified in this
proposed AD, contact Leonardo S.p.A., Emanuele Bufano, Head of
Airworthiness, Viale G. Agusta 520, 21017 C. Costa di Samarate (Va)
Italy; phone: (+39) 0331-225074; fax: (+39) 0331-229046; or website:
customerportal.leonardocompany.com/en-US/.
FOR FURTHER INFORMATION CONTACT: Frank Huynh, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (404)
983-5288; 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 the ADDRESSES section. Include ``Docket No. FAA-2024-2425;
Project Identifier MCAI-2023-00967-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 Frank
Huynh, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (404) 983-5288; email: [email protected].
Any commentary that the FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2023-0159, dated August 10, 2023
(EASA AD 2023-0159) (also referred to as the MCAI), to correct an
unsafe condition on all Leonardo S.p.a. Model A109C, A109E, A109S, and
AW109SP helicopters. The MCAI states that a report was received of a
quality escape on a batch of MRBs, where the tip cap had been replaced
by following a procedure and using tools not in accordance with
Leonardo Technical Publications. The FAA is proposing this AD to
prevent premature debonding of an MRB tip cap, which could lead to the
loss of the MRB tip cap in flight, possibly resulting in loss of
control of, and damage to, the helicopter, and injury to occupants.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-2425.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2023-0159 requires repetitively tap inspecting certain
part-numbered and serial-numbered MRBs for deficiency (debonding) of
the tip cap, and depending on the results, replacing the MRB. For
affected MRBs that are not replaced as a result of a tap inspection,
EASA AD 2023-0159 requires replacing those MRBs within a longer
compliance time. EASA AD 2023-0159 also prohibits installing those MRBs
on any helicopter.
This material is reasonably available because the interested
parties have
[[Page 91292]]
access to it through their normal course of business or by the means
identified in the ADDRESSES section.
Other Related Material
The FAA also reviewed Leonardo Helicopters Alert Service Bulletin
(ASB) No. 109-159, ASB No. 109EP-181, ASB No. 109S-116, and ASB No.
109SP-158, each dated August 2, 2023. This material specifies
procedures for tap inspecting the MRB tip cap for debonding,
determining if any debonding exceeds allowable limits, and replacing an
MRB.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced 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 design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0159, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed 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 2023-0159 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0159 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 2023-0159 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0159. Material referenced in EASA AD 2023-0159 for compliance will be
available at regulations.gov under Docket No. FAA-2024-2425 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 19 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.
Tap inspecting the MRBs (up to four affected MRBs per helicopter)
would take up to 1 work-hour for an estimated cost of up to $85 per
helicopter and $1,615 for the U.S. fleet, per inspection cycle.
Replacing an MRB would take 4 work-hours and parts would cost $111,218
for an estimated cost of $111,558 per MRB.
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-2024-2425; Project Identifier MCAI-
2023-00967-R.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by January 3, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model A109C, A109E, A109S,
and AW109SP helicopters, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code 6210, Main Rotor
Blades.
(e) Unsafe Condition
This AD was prompted by a report of a quality escape on a batch
of main rotor blades (MRBs). The FAA is issuing this AD to detect
and address non-conforming MRB tip caps. The unsafe condition, if
not addressed, could result in premature debonding of an MRB tip
cap, loss of the MRB tip cap in flight, and subsequent loss of
control of, and 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 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 AD 2023-0159,
dated August 10, 2023 (EASA AD 2023-0159).
[[Page 91293]]
(h) Exceptions to EASA AD 2023-0159
(1) Where EASA AD 2023-0159 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
(2) Where EASA AD 2023-0159 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where the note in the material referenced in paragraph (1)
of EASA AD 2023-0159 specifies that the hammer tapping inspection
must be performed only by appropriate qualified personnel in
accordance with the national aviation regulation; for this AD, the
tap test must be accomplished by persons authorized under 14 CFR
43.3. These inspections must be performed by at least a Level I
inspector certified in the FAA-acceptable standards for
nondestructive inspection personnel.
Note 1 to paragraph (h)(3): Advisory Circular 65-31B contains
examples of FAA-acceptable Level I qualification standards criteria
for inspection personnel doing nondestructive test inspections.
(4) Where paragraph (2) of EASA AD 2023-0159 states ``any
deficiency;'' this AD requires replacing that text with ``any
debonding.''
(5) Where paragraph (2) of EASA AD 2023-0159 states ``replace
that affected part with a serviceable part in accordance with the
instructions of Part II of the ASB;'' this AD requires replacing
that text with ``replace that affected part, as defined in EASA AD
2023-0159, with a serviceable part, as defined in EASA AD 2023-
0159.''
(6) Where paragraph (3) of EASA AD 2023-0159 states ``replace
each affected part with a serviceable part in accordance with the
instructions of Part II of the ASB;'' this AD requires replacing
that text with ``replace each affected part, as defined in EASA AD
2023-0159, with a serviceable part, as defined in EASA AD 2023-
0159.''
(7) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0159.
(i) No Reporting Requirement
Although the material referenced in EASA AD 2023-0159 specifies
to submit certain information to the manufacturer, this AD does not
require that action.
(j) Special Flight Permits
Special flight permits are prohibited.
(k) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards 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 (l)(1) of this AD
and email to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(l) Additional Information
(1) For more information about this AD, contact Frank Huynh,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (404) 983-5288; email:
[email protected].
(2) For advisory circular material identified in this AD that is
not incorporated by reference, go to faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentID/1023552.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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 2023-0159,
dated August 10, 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 this 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 Parkway, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call (817) 222-5110.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on November 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-26811 Filed 11-18-24; 8:45 am]
BILLING CODE 4910-13-P