Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2023-2245; Project Identifier MCAI-2023-00973-R]
          - RIN 2120-AA64

# 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                               ( print page 88277)                            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-2023-2245; 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, 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 NPRM, 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 .                    
      - 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-2023-2245.                    

*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-2023-2245; Project Identifier MCAI-2023-00973-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, has issued a series of ADs with the most recent being EASA AD 2023-0161, dated August 16, 2023 (EASA AD 2023-0161), to correct an unsafe condition on Leonardo S.p.A. Model AW189 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-2023-2245.

## Related Service Information Under 1 CFR Part 51

EASA AD 2023-0161 requires replacing components before exceeding their life limits and accomplishing maintenance tasks within thresholds and intervals specified in the applicable ALS as defined in EASA AD 2023-0161. Depending on the results of the maintenance tasks, EASA AD 2023-0161 requires accomplishing corrective action(s) or contacting Leonardo [Leonardo S.p.a.] for approved instructions and accomplishing those instructions. EASA AD 2023-0161 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 2023-0161 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 Leonardo AW189 document 89-A-AMPI-00-P, Air Vehicle Maintenance Planning Information, Chapter 4, Airworthiness Limitations, Issue 25, dated July 5, 2023, for helicopters equipped with General Electric CT7-2E1 engines. This service information specifies procedures for airworthiness limitations, tasks, and associated thresholds and intervals for various parts; including a new or more restrictive airworthiness limitation for a certain component installed in the main rotor gearbox.

## 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                           ( print page 88278)                        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 2023-0161, 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 2023-0161 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2023-0161 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 2023-0161 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 2023-0161. Service information referenced in EASA AD 2023-0161 for compliance will be available at regulations.gov under Docket No. FAA-2023-2245 after the FAA final rule is published.

## Differences Between This Proposed AD and the EASA AD

EASA AD 2023-0161 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 2023-0161 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.

Additionally, EASA AD 2023-0161 requires using 89-E-AMPI-00-P Air Vehicle Maintenance Planning Information, Chapter 04, ALS Issue 09, dated July 5, 2023, for revising the ALS. This service information is applicable for helicopters equipped with SAFRAN ANETO-1K engines. This proposed AD would not allow this service information because that engine has not been FAA type-certificated for Model AW189 helicopters.

## Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would affect 4 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 instructions for ICA for your helicopter and the existing approved maintenance or inspection program for your helicopter, as applicable, would take about 2 work-hours for an estimated cost of $170 per helicopter and $680 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.

# 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 

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

**Leonardo S.p.a.:**                         Docket No. FAA-2023-2245; Project Identifier MCAI-2023-00973-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 all Leonardo S.p.a. Model AW189 helicopters, certificated in any category.

## (d) Subject

                        Joint Aircraft Service Component (JASC) Code: 6320, Main rotor gearbox.                              ( print page 88279)    

## (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 2023-0161, dated August 16, 2023 (EASA AD 2023-0161).

## (h) Exceptions to EASA AD 2023-0161

(1) Where EASA AD 2023-0161 defines “the ALS” as “Leonardo AW189 document 89-A-AMPI-00-P (Air Vehicle Maintenance Planning Information), Chapter 04, Airworthiness Limitations Section (ALS) Issue 025, applicable for helicopters equipped with General Electric (GE) CT7-2E1 engines; or document 89-E-AMPI-00-P (Air Vehicle Maintenance Planning Information), Chapter 04, ALS Issue 09, applicable for helicopters equipped with SAFRAN ANETO-1K engines.;” for this AD, replace that definition with “Leonardo AW189 document 89-A-AMPI-00-P, Air Vehicle Maintenance Planning Information, Chapter 4, Airworthiness Limitations, Issue 25, dated July 5, 2023 (for helicopters equipped with General Electric CT7-2E1 engines).”

(2) Where EASA AD 2023-0161 refers to its effective date, this AD requires using the effective date of this AD.

(3) This AD does not adopt the requirements specified in paragraphs (1), (2), (4), and (5) of EASA AD 2023-0161.

(4) Where paragraph (3) of EASA AD 2023-0161 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.”

(5) The initial compliance time for doing the tasks specified in paragraph (3) of EASA AD 2023-0161 is on or before the applicable “limitations” and “associated thresholds” as incorporated by the requirements of paragraph (3) of EASA AD 2023-0161, or within 30 days after the effective date of this AD, whichever occurs later.

(6) This AD does not adopt the “Remarks” section of EASA AD 2023-0161.

## (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 2023-0161.

## (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-AIR-730-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 2023-0161, dated August 16, 2023.

(ii) [Reserved]

                        (3) For EASA AD 2023-0161, 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. 2023-28034 Filed 12-20-23; 8:45 am]

BILLING CODE 4910-13-P