[Federal Register Volume 89, Number 39 (Tuesday, February 27, 2024)]
[Proposed Rules]
[Pages 14417-14419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03976]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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


Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / 
Proposed Rules

[[Page 14417]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0236; Project Identifier MCAI-2022-00066-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 report of abnormal oscillatory behavior during automated 
glide slope approaches, due to sealant on the glide slope (G/S) antenna 
coaxial connectors. This proposed AD would require visually inspecting 
certain G/S antennas and G/S antenna coaxial connectors for the 
presence of any sealant; cleaning parts and removing any sealant; 
performing an external G/S acceptance test procedure (ATP); and taking 
corrective actions if necessary. This proposed AD would also prohibit 
installing certain G/S antennas and G/S antenna coaxial connecters. 
These actions are 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 April 12, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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-2024-0236; 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:
    <bullet> For EASA material identified in this NPRM, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 
000; email <a href="/cdn-cgi/l/email-protection#acede8dfecc9cddfcd82c9d9dec3dccd82c9d9"><span class="__cf_email__" data-cfemail="cd8c89be8da8acbeace3a8b8bfa2bdace3a8b8">[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 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-2024-0236.
    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: <a href="/cdn-cgi/l/email-protection#184b6d767f7577365c365b7077587e7979367f776e"><span class="__cf_email__" data-cfemail="0457716a63696b2a402a476c6b446265652a636b72">[email protected]</span></a>.

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-2024-0236; Project Identifier 
MCAI-2022-00066-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: 
<a href="/cdn-cgi/l/email-protection#b7e4c2d9d0dad899f399f4dfd8f7d1d6d699d0d8c1"><span class="__cf_email__" data-cfemail="bfeccad1d8d2d091fb91fcd7d0ffd9dede91d8d0c9">[email protected]</span></a>. 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 2022-0010, dated January 20, 2022 
(EASA AD 2022-0010), to correct an unsafe condition on Leonardo S.p.A. 
Model AW189 helicopters.
    This proposed AD was prompted by a report of abnormal oscillatory 
behavior during automated glide slope

[[Page 14418]]

approaches. Subsequent investigations identified sealant on the G/S 
antenna coaxial connectors, which isolated it from its grounding plane. 
The FAA is proposing this AD to detect and address the presence of 
sealant on or around the G/S antenna, which if not addressed, could 
lead to erratic signals from the G/S antenna and reduced capability of 
the helicopter to perform safe automated approaches. See EASA AD 2022-
0010 for additional background information.
    You may examine the EASA AD in the AD docket at regulations.gov 
under Docket No. FAA-2024-0236.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0010 requires visually inspecting G/S antenna part 
number (P/N) 6208-88-62 and G/S antenna coaxial connectors P/N PE4958, 
which are both parts of G/S antenna kit P/N 8G3430F00111, for any 
sealant. If any sealant is found, EASA AD 2022-0010 requires removing 
any sealant, and performing further inspections and corrective actions.
    EASA AD 2022-0010 also requires performing an ATP and depending on 
the results, replacing and removing certain parts, and additional 
tests. EASA AD 2022-0010 allows the affected G/S antenna and G/S 
antenna coaxial connectors to be installed on a helicopter if certain 
requirements are met.
    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 also reviewed Leonardo Helicopters Alert Service Bulletin 
No. 189-295, dated November 29, 2021. This service information 
specifies procedures for visually inspecting the G/S antenna for the 
presence of sealant; removing any sealant that is detected; removing 
and replacing any affected parts; performing any corrective actions if 
necessary, performing an ATP, which includes verifying flight display, 
decibel milliwatts, and pass/fail information; and reporting certain 
information to the manufacturer.

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 of the 
unsafe condition described in its AD. The FAA is proposing this AD 
after 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 2022-0010, 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 2022-0010 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0010 AD 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 2022-0010 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 2022-
0010. Service information referenced in EASA AD 2022-0010 for 
compliance will be available at regulations.gov under Docket No. FAA-
2024-0236 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    If any discrepancy is found during the ATP, EASA AD 2022-0010 
requires replacing each affected part with a serviceable part, whereas 
this proposed AD would require removing each affected part from service 
and replacing it with a serviceable part.
    Service information referenced in EASA AD 2022-0010 contains an 
inspection report (ANNEX B), whereas this proposed AD would not require 
completing that information.

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.
    Visually inspecting for sealant around the G/S antenna would take 
about 5 work-hours for an estimated cost of $425 per helicopter and up 
to $1,700 for the U.S. fleet.
    If required, removing any sealant and cleaning any part would take 
about 0.5 work-hour for an estimated cost of $43 per helicopter.
    Performing an ATP would take about 1 work-hour for an estimated 
cost of $85 per helicopter and up to $340 for the U.S. fleet.
    If required, removing and replacing a G/S antenna, to include 
removing and replacing the connectors would take about 3 work-hours and 
parts would cost about $100,100 for an estimated cost of $100,355 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

    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,

[[Page 14419]]

    (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-2024-0236; Project Identifier MCAI-
2022-00066-R.

 (a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by April 12, 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 System Component (JASC) Code: 3432, Glide slope 
system.

 (e) Unsafe Condition

    This AD was prompted by a report of abnormal oscillatory 
behavior during automated glide slope approaches, due to sealant on 
the glide slope (G/S) antenna coaxial connectors. The FAA is issuing 
this AD to detect and address sealant on or around the G/S antenna. 
The unsafe condition, if not addressed, could lead to erratic 
signals from the G/S antenna, which could result in reduced 
capability of the helicopter to perform safe automated approaches.

 (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 
2022-0010, dated January 20, 2022 (EASA AD 2022-0010).

 (h) Exceptions to EASA AD 2022-0010

    (1) Where EASA AD 2022-0010 states ``flight hours;'' for this 
AD, replace that text with ``hours time-in-service.''
    (2) Where EASA AD 2022-0010 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2022-0010 states ``in 
accordance with the instructions of Part I of the ASB;'' for this 
AD, replace that text with ``in accordance with the Accomplishment 
Instructions, Part I, paragraphs 4 and 5 of the ASB.''
    (4) Where paragraph (2) of EASA AD 2022-0010 states ``in 
accordance with the instructions of Part I of the ASB;'' for this 
AD, replace that text with ``in accordance with the Accomplishment 
Instructions, Part I, paragraphs 6.3 (including the two cautions 
above paragraph 6.3) through 6.5 (but not paragraphs 6.5.1 and 
6.5.2) of the ASB.''
    (5) Where paragraphs (4) and (5) of EASA AD 2022-0010 state 
``discrepancy;'' for this AD, replace that text with ``discrepancy, 
which is one or more ``fail'' results in the acceptance test 
procedure.''
    (6) Where paragraphs (4) and (5) of EASA AD 2022-0010 state to 
``replace the/those affected parts with serviceable parts;'' for 
this AD, replace that text with ``remove the affected part, as 
defined in EASA AD 2022-0010, from service and replace it with a 
serviceable part, as defined in EASA AD 2022-0010. Thereafter, after 
installing a serviceable part, as defined in EASA AD 2022-0010, 
before further flight, accomplish an acceptance test procedure (ATP) 
in accordance with the instructions of Annex A of the ASB.''
    (7) Where the service information referenced in EASA AD 2022-
0010 specifies discarding existing hardware, this AD requires 
removing the existing hardware from service.
    (8) Where paragraph (4) of EASA AD 2022-0010 states ``in 
accordance with the instructions of Part I of the ASB;'' for this 
AD, replace that text with ``in accordance with the Accomplishment 
Instructions, Part I, paragraphs 9 through 11 of the ASB.''
    (9) Where paragraph (5) of EASA AD 2022-0010 states ``in 
accordance with the instructions of Part II of the ASB;'' for this 
AD, replace that text with ``in accordance with the Accomplishment 
Instructions, Part II, paragraphs 2 through 4 of the ASB.''
    (10) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0010.

 (i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0010 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

 (j) Special Flight Permits

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199, provided there are no passengers, and no flights 
are performed under instrument flight rules (IFR).

 (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: <a href="/cdn-cgi/l/email-protection#91a8bcd0c7c2bcd0d8c3bca6a2a1bcd0dcded2d1f7f0f0bff6fee7"><span class="__cf_email__" data-cfemail="99a0b4d8cfcab4d8d0cbb4aeaaa9b4d8d4d6dad9fff8f8b7fef6ef">[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 Sungmo Cho, Aviation 
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; phone (781) 238-7241; email: <a href="/cdn-cgi/l/email-protection#2e7d5b40494341006a006d46416e484f4f00494158"><span class="__cf_email__" data-cfemail="47143229202a28690369042f280721262669202831">[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 2022-0010, 
dated January 20, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0010, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#2b6a6f586b4e4a584a054e5e59445b4a054e5e"><span class="__cf_email__" data-cfemail="b9f8fdcaf9dcd8cad897dccccbd6c9d897dccc">[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 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 <a href="/cdn-cgi/l/email-protection#7315015d1a1d00031610071a1c1d331d1201125d141c05"><span class="__cf_email__" data-cfemail="2244500c4b4c51524741564b4d4c624c4350430c454d54">[email protected]</span></a>.

    Issued on February 21, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-03976 Filed 2-26-24; 8:45 am]
BILLING CODE 4910-13-P


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