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[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]

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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).

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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
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