[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Rules and Regulations]
[Pages 66269-66271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21065]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / 
Rules and Regulations

[[Page 66269]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1207; Project Identifier MCAI-2022-00925-R; 
Amendment 39-22533; AD 2023-17-07]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Leonardo S.p.a. Model A119 and AW119 MKII helicopters. This AD was 
prompted by a report of an electrical failure of a starter-generator 
caused by a ruptured drive shaft. This AD requires visually inspecting 
the drive shaft of an affected starter-generator and depending on the 
results, performing a dye penetrant inspection. Depending on the 
results of the dye penetrant inspection, this AD requires replacing the 
starter-generator, as specified in a European Union Aviation Safety 
Agency (EASA) AD, which is incorporated by reference (IBR). The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective November 1, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 1, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No.FAA-2023-1207; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information, any comments received, and other information. The address 
for Docket Operations is U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
    <bullet> For EASA material incorporated by reference in this final 
rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#5b1a1f281b3e3a283a753e2e29342b3a753e2e"><span class="__cf_email__" data-cfemail="86c7c2f5c6e3e7f5e7a8e3f3f4e9f6e7a8e3f3">[email protected]</span></a>; internet 
easa.europa.eu. You may find the EASA material on the EASA website at 
ad.easa.europa.eu.
    <bullet> 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. The EASA material is 
also available at regulations.gov under Docket No. FAA-2023-1207.
    Other Related Service Information: For Leonardo Helicopters service 
information identified in this final rule, contact Leonardo S.p.A., 
Emanuele Bufano, Head of Airworthiness, Viale G. Agusta 520, 21017 C. 
Costa di Samarate (Va) Italy; telephone (+39) 0331-225074; fax (+39) 
0331-229046; or at customerportal.leonardocompany.com/en-US/. You may 
also view this service information at the FAA contact information under 
Material Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 
(303) 342-1080; email <a href="/cdn-cgi/l/email-protection#ef878e83c1858a819c8a81af898e8ec1888099"><span class="__cf_email__" data-cfemail="046c65682a6e616a77616a446265652a636b72">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0148, dated July 14, 2022 (EASA 
AD 2022-0148), to correct an unsafe condition for Leonardo S.p.A. Model 
A119 and AW119MKII 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 A119 and AW119 MKII helicopters. The NPRM published in the 
Federal Register on June 9, 2023 (88 FR 37810). The NPRM was prompted 
by a report of an electrical failure of a starter-generator, caused by 
a ruptured drive shaft, which was not detected by the generator control 
unit and caused partial loss of battery power. The NPRM proposed to 
require visually inspecting the drive shaft of an affected starter-
generator and depending on the results, performing a dye penetrant 
inspection. Depending on the results of the dye penetrant inspection, 
the NPRM proposed to require replacing the starter-generator, as 
specified in EASA AD 2022-0148. The FAA is issuing this AD to prevent 
electrical failure of the starter-generator, which could result in 
complete loss of electrical power and subsequent loss of control of the 
helicopter.

Discussion of Final Airworthiness Directive

Comments

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

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 of the 
unsafe condition described in its AD. The FAA reviewed the relevant 
data and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these helicopters.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0148 requires a one-time inspection of the drive shaft 
of the affected starter-generator and, depending on findings, replacing 
the affected part with a serviceable part as defined therein. EASA AD 
2022-0148 also requires reporting the inspection results (including no 
findings) to Leonardo and implementing improved removal and 
reinstallation procedures for the starter-generator.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in ADDRESSES.

Other Related Service Information

    The FAA reviewed Leonardo Helicopters Alert Service Bulletin No.

[[Page 66270]]

119-121, dated June 21, 2022. This service information specifies 
procedures for performing visual and dye penetrant inspections and for 
replacing a starter-generator.

Differences Between This AD and the EASA AD

    Service information referenced in EASA AD 2022-0148 does not 
specify a compliance time to proceed with subsequent procedures if 
there is misalignment or if the alignment is not clear, whereas this AD 
requires proceeding with those subsequent procedures before further 
flight.
    Service information referenced in EASA AD 2022-0148 specifies 
contacting LH [Leonardo Helicopters] spare management to send a 
starter-generator directly to an authorized repair station for repair 
and sending a starter-generator directly to an authorized repair 
station for repair, whereas this AD does not require those actions.
    EASA AD 2022-0148 specifies reporting inspection results to 
Leonardo, whereas this AD does not.

Costs of Compliance

    The FAA estimates that this AD affects 136 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.
    Visually inspecting a starter-generator drive shaft will take about 
1 work-hour for an estimated cost of $85 per helicopter and $11,560 for 
the U.S. fleet.
    If required, dye-penetrant inspecting a starter-generator drive 
shaft will take about 3 work-hours for an estimated cost of $255 per 
helicopter.
    If required, replacing a starter-generator will take about 2 work-
hours and parts will cost about $11,500 for an estimated cost of 
$11,670 per helicopter.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (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:

AD 2023-17-07 Leonardo S.p.a.: Amendment 39-22533; Docket No. FAA-
2023-1207; Project Identifier MCAI-2022-00925-R.

(a) Effective Date

    This airworthiness directive (AD) is effective November 1, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A119 and AW119 MKII 
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2435, Starter-
Generator.

(e) Unsafe Condition

    This AD was prompted by a report of an electrical failure of a 
starter-generator that was caused by a ruptured drive shaft. The 
failure was not detected by the generator control unit and caused 
partial loss of battery power. The FAA is issuing this AD to prevent 
electrical failure of the starter-generator, possibly due to 
incorrect installation or removal. The unsafe condition, if not 
addressed, could result in complete loss of electrical power and 
subsequent loss of control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency EASA AD 2022-
0148, dated July 14, 2022 (EASA AD 2022-0148).

(h) Exceptions to EASA AD 2022-0148

    (1) Where EASA AD 2022-0148 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0148 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (3) Where paragraph (1) of EASA AD 2022-0148 states to, 
``inspect the drive shaft;'' for this AD, replace that text with,'' 
inspect the drive shaft for misalignment and a crack.''
    (4) Where the service information referenced in EASA AD 2022-
0148 specifies to proceed with subsequent procedures if there is 
misalignment or if the alignment is not clear; for this AD, proceed 
with those subsequent procedures before further flight.
    (5) Where the service information referenced in EASA AD 2022-
0148 states, ``with reference to Annex A, perform a liquid penetrant 
inspection of the drive-shaft, in order to detect the presence of 
eventual cracks;'' for this AD, replace that text with ``With 
reference to Annex A, perform a dye penetrant inspection of the 
drive-shaft in order to detect any cracks.''
    (6) Where the service information referenced in paragraph (1) of 
EASA AD 2022-0148 specifies contacting LH [Leonardo Helicopters] 
spare management to send a starter-generator directly to an 
authorized repair station for repair and sending the starter-
generator to an authorized repair station for repair, this AD does 
not require those actions.
    (7) Where paragraphs (2) and (4) of EASA AD 2022-0148 state, 
``Part II of the ASB;'' for this AD, replace that text with, ``AMP 
Data Modules 19-A-24-30-04-00A-520A-A, Starter Generator-Remove 
Procedure and 19-A-24-30-04-00A-720A-A, Starter Generator-Install 
Procedure, each Issue 001 and dated May 24, 2021. Except where AMP 
Data Module 19-A-24-30-04-00A-520A-A Starter Generator-Remove 
Procedure specifies discarding parts, for this AD, remove those 
parts from service.''
    (8) This AD does not require paragraph (3) of EASA AD 2022-0148.

[[Page 66271]]

    (9) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0148.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0148 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199, provided they are restricted to visual flight 
rules (VFR) with night operations prohibited and no passengers are 
onboard.

(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 toyour 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 (l) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#0a33274b5c59274b4358273d393a274b4745494a6c6b6b246d657c"><span class="__cf_email__" data-cfemail="caf3e78b9c99e78b8398e7fdf9fae78b8785898aacababe4ada5bc">[email protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(l) Related Information

    For more information about this AD, contact Hal Jensen, Aviation 
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone (303) 342-1080; email <a href="/cdn-cgi/l/email-protection#157d74793b7f707b66707b557374743b727a63"><span class="__cf_email__" data-cfemail="deb6bfb2f0b4bbb0adbbb09eb8bfbff0b9b1a8">[email protected]</span></a>.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0148, 
dated July 14, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0148, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#5f1e1b2c1f3a3e2c3e713a2a2d302f3e713a2a"><span class="__cf_email__" data-cfemail="4405003704212537256a2131362b34256a2131">[email protected]</span></a>; internet easa.europa.eu. You may find the EASA 
material on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA, Office of 
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 
6N-321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: <a href="/cdn-cgi/l/email-protection#ff998dd196918c8f9a9c8b969091bf919e8d9ed1989089"><span class="__cf_email__" data-cfemail="95f3e7bbfcfbe6e5f0f6e1fcfafbd5fbf4e7f4bbf2fae3">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 22, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-21065 Filed 9-26-23; 8:45 am]
BILLING CODE 4910-13-P


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