88274 Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Proposed Rules 

availability of this material at the FAA, call 

206–231–3195. 

(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. 

Issued on December 14, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–28004 Filed 12–20–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–2244; Project 

Identifier MCAI–2023–00972–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 AW169 

helicopters. This proposed AD was 

prompted by a determination that new 

or more restrictive airworthiness 

limitations are necessary. This proposed 

AD would require revising the 

airworthiness limitations section (ALS) 

of the existing helicopter maintenance 

manual or instructions for continued 

airworthiness (ICA) for your helicopter 

and the existing approved maintenance 

or inspection program for your 

helicopter, as applicable, as specified in 

a European Union Aviation Safety 

Agency (EASA) AD, which is proposed 

for incorporation by reference. The FAA 

is proposing this AD to address the 

unsafe condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by February 5, 

2024. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–2244; 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 EASA AD, any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

Material Incorporated by Reference: 

• For EASA material that is proposed 

for incorporation by reference in this 

NPRM, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; 

email ADs@easa.europa.eu; internet 

easa.europa.eu. You may find the EASA 

material on the EASA website at 

ad.easa.europa.eu. 

• You may view this material at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood 

Pkwy., Room 6N–321, Fort Worth, TX 

76177. For information on the 

availability of this material at the FAA, 

call (817) 222–5110. The EASA material 

is also available at regulations.gov under 

Docket No. FAA–2023–2244. 

Other Related Service Information: 

For Leonardo Helicopters service 

information identified in this NPRM, 

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: 

Sungmo Cho, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; phone (781) 238– 

7241; email: Sungmo.D.Cho@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2023–2244; Project Identifier 

MCAI–2023–00972–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 Sungmo Cho, Aviation 

Safety Engineer, FAA, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 

11590; phone (781) 238–7241; email: 

Sungmo.D.Cho@faa.gov. Any 

commentary that the FAA receives that 

is not specifically designated as CBI will 

be placed in the public docket for this 

rulemaking. 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, issued a series of ADs with the 

most recent being EASA AD 2023–0160, 

dated August 16, 2023 (EASA AD 2023– 

0160), to correct an unsafe condition for 

Leonardo S.p.A. Model AW169 

helicopters. 

This proposed AD was prompted by 

a determination that new or more 

restrictive airworthiness limitations are 

necessary. The FAA is proposing this 

AD to address fatigue cracking, damage, 

and corrosion in principal structural 

elements. 

You may examine the EASA AD in 

the AD docket at regulations.gov under 

Docket No. FAA–2023–2244. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2023–0160 requires 

replacing components before exceeding 

their life limits and accomplishing 

maintenance tasks within thresholds 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Proposed Rules 88275 

and intervals specified in the applicable 

ALS as defined in EASA AD 2023–0160. 

Depending on the results of the 

maintenance tasks, EASA AD 2023– 

0160 requires accomplishing corrective 

action(s) or contacting Leonardo 

[Leonardo S.p.a.] for approved 

instructions and accomplishing those 

instructions. EASA AD 2023–0160 also 

requires revising the Aircraft 

Maintenance Programme (AMP) by 

incorporating the limitations, tasks, and 

associated thresholds and intervals 

described in the specified ALS as 

applicable to the helicopter model and 

configuration. Revising the AMP 

constitutes terminating action for the 

requirement to record accomplishment 

of the actions of replacing components 

before exceeding their life limits and 

accomplishing maintenance tasks 

within the thresholds and intervals 

specified in the applicable ALS as 

required by EASA AD 2023–0160 for 

demonstration of AD compliance on a 

continued basis. 

This material is reasonably available 

because the interested parties have 

access to it through their normal course 

of business or by the means identified 

in the ADDRESSES section. 

Other Related Service Information 

The FAA also reviewed AW169 Air 

vehicle maintenance planning 

information, 69–A–AMPI–00–P, Chapter 

04, ALS, Issue 21, dated July 7, 2023. 

This service information specifies 

airworthiness limitations, tasks, and 

associated thresholds and intervals for 

various parts, and specifies new or more 

restrictive airworthiness limitations for 

certain components installed on the tail 

rotor system. 

FAA’s Determination 

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 is 

proposing this AD after evaluating all 

known relevant information and 

determining that the unsafe condition 

described previously is likely to exist or 

develop on other helicopters of the same 

type design. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

accomplishing the actions specified in 

EASA AD 2023–0160, described 

previously, as incorporated by 

reference, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD and 

except as discussed under ‘‘Differences 

Between this Proposed AD and the 

EASA AD.’’ 

Explanation of Required Compliance 

Information 

In the FAA’s ongoing efforts to 

improve the efficiency of the AD 

process, the FAA developed a process to 

use some civil aviation authority (CAA) 

ADs as the primary source of 

information for compliance with 

requirements for corresponding FAA 

ADs. The FAA has been coordinating 

this process with manufacturers and 

CAAs. As a result, the FAA proposes to 

incorporate EASA AD 2023–0160 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2023–0160 

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 2023–0160 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 2023–0160. 

Service information referenced in EASA 

AD 2023–0160 for compliance will be 

available at regulations.gov under 

Docket No. FAA–2023–2244 after the 

FAA final rule is published. 

Differences Between This Proposed AD 

and the EASA AD 

EASA AD 2023–0160 requires 

replacing certain components before 

exceeding applicable life limits, 

accomplishing certain maintenance 

tasks within thresholds and intervals as 

specified in the ALS, as defined within, 

and depending on the results, 

accomplishing corrective action within 

the compliance time specified in that 

ALS. EASA AD 2023–0160 also requires 

revising the approved AMP to 

incorporate the limitations, tasks, and 

associated thresholds and intervals 

described in that ALS within 12 months 

after its effective date. Whereas, this 

proposed AD would require revising 

existing documents and programs 

within 30 days to incorporate the 

limitations, tasks, and associated 

thresholds and intervals described in 

that ALS, and clarifies that if an 

incorporated limitation or threshold 

therein is reached before 30 days after 

the effective date of the final rule of this 

proposed AD, you still have up to 30 

days after the effective date of the final 

rule of this proposed AD to accomplish 

the corresponding task. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 10 

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. 

Revising the ALS of the existing 

helicopter maintenance manual or ICA 

for your helicopter and the existing 

approved maintenance or inspection 

program for your helicopter, as 

applicable, would take about 2 workhours for an estimated cost of $170 per 

helicopter and $1,700 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 

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. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
88276 Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Proposed Rules 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Leonardo S.p.a.: Docket No. FAA–2023– 

2244; Project Identifier MCAI–2023– 

00972–R. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by February 5, 

2024. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Leonardo S.p.a. Model 

AW169 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 a determination 

that new or more restrictive airworthiness 

limitations are necessary. The FAA is issuing 

this AD to address fatigue cracking, damage, 

and corrosion in principle structural 

elements. The unsafe condition, if not 

addressed, could result in failure of a part 

and loss of control of the helicopter. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

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– 

0160, dated August 16, 2023 (EASA AD 

2023–0160). 

(h) Exceptions to EASA AD 2023–0160 

(1) Where EASA AD 2023–0160 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) This AD does not adopt the 

requirements specified in paragraphs (1), (2), 

(4), and (5) of EASA AD 2023–0160. 

(3) Where paragraph (3) of EASA AD 2023– 

0160 specifies ‘‘Within 12 months after the 

effective date of this AD, revise the approved 

AMP,’’ this AD requires replacing those 

words with ‘‘Within 30 days after the 

effective date of this AD, revise the 

airworthiness limitations section of your 

existing helicopter maintenance manual or 

instructions for continued airworthiness and 

your existing approved maintenance or 

inspection program, as applicable.’’ 

(4) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

AD 2023–0160 is on or before the applicable 

‘‘limitations’’ and ‘‘associated thresholds’’ as 

incorporated by the requirements of 

paragraph (3) of EASA AD 2023–0160, or 

within 30 days after the effective date of this 

AD, whichever occurs later. 

(5) This AD does not adopt the Remarks 

paragraph of EASA AD 2023–0160. 

(i) Provisions for Alternative Actions, 

Thresholds, and Intervals, Including Life 

Limits 

No alternative actions and associated 

thresholds and intervals, including life 

limits, are allowed for compliance with 

paragraph (g) of this AD unless they are 

approved as specified in the provisions of the 

‘‘Ref. Publications’’ section of EASA AD 

2023–0160. 

(j) Special Flight Permit 

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 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: 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. 

(l) Related Information 

For more information about this AD, 

contact Sungmo Cho, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; phone (781) 238– 

7241; email: Sungmo.D.Cho@faa.gov. 

(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 this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0160, dated August 16, 

2023. 

(ii) [Reserved] 

(3) For EASA AD 2023–0160, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; internet 

easa.europa.eu. You may find the EASA 

material on the EASA website at 

ad.easa.europa.eu. 

(4) You may view this service information 

at the FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood Pkwy., 

Room 6N–321, Fort Worth, TX 76177. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this material 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. 

Issued on December 14, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–28037 Filed 12–20–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–2245; Project 

Identifier MCAI–2023–00973–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 AW189 

helicopters. This proposed AD was 

prompted by a determination that new 

or more restrictive airworthiness 

limitations are necessary. This proposed 

AD would require revising the 

airworthiness limitations section (ALS) 

of the existing helicopter maintenance 

manual or instructions for continued 

airworthiness (ICA) for your helicopter 

and the existing approved maintenance 

or inspection program for your 

helicopter, as applicable, as specified in 

a European Union Aviation Safety 

Agency (EASA) AD, which is proposed 

for incorporation by reference. The FAA 

is proposing this AD to address the 

unsafe condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by February 5, 

2024. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 


khammond on DSKJM1Z7X2PROD with PROPOSALS