14420 Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–0235; Project 

Identifier MCAI–2022–01376–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 

certain Leonardo S.p.a. Model AW189 

helicopters. This proposed AD was 

prompted by a report of an 

uncommanded deployment of the 

emergency life-raft system (ELS). This 

proposed AD would require a one-time 

inspection of the life-raft installations 

and, depending on the results, 

accomplishing additional actions, 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 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: 

• 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–2024–0235; 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 that is identified

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

Germany; phone +49 221 8999 000; 

email ADs@easa.europa.eu; website 

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. The EASA material 

is also available at regulations.gov under 

Docket No. FAA–2024–0235. 

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; phone (+39) 0331–225074; fax 

(+39) 0331–229046; website 

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–2024–0235; Project Identifier 

MCAI–2022–01376–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 EASA AD 2022–0214, 

dated October 21, 2022 (EASA AD 

2022–0214), to correct an unsafe 

condition for certain serial-numbered 

Leonardo S.p.A. Model AW189 

helicopters. 

This proposed AD was prompted by 

a report of an uncommanded 

deployment of the ELS. Subsequent 

investigation determined incorrect 

installation of its control cable could 

have caused the occurrence. The FAA is 

proposing this AD to address 

unintended activation and deployment 

of the ELS. The unsafe condition, if not 

addressed, could result in unintended 

activation and deployment of the ELS in 

flight with possible impact on the 

rotors, resulting in reduced control of 

the helicopter. You may examine EASA 

AD 2022–0214 in the AD docket at 

regulations.gov under Docket No. FAA– 

2024–0235. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2022–0214 requires a onetime inspection of both the left- and 

right-side life-raft installations for 

certain serial-numbered helicopters and, 

depending on findings, replacing its 

control cable and checking the 

assembly, replacing a cable pulley 

cover, correcting the cable installation, 

and replacing the life-raft assembly, as 

applicable. 

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. 


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Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Proposed Rules 14421 

Other Related Service Information 

The FAA also reviewed Leonardo 

Helicopters Alert Service Bulletin 

No.189–315, dated October 20, 2022. 

This service information specifies 

procedures for inspecting the ELS. 

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 2022–0214, 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 2022–0214 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2022–0214 

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 2022–0214 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 2022–0214. 

Service information referenced in EASA 

AD 2022–0214 for compliance will be 

available at regulations.gov under 

Docket No. FAA–2024–0235 after the 

FAA final rule is published. 

Differences Between This Proposed AD 

and the EASA AD 

The service information referenced in 

EASA AD 2022–0214 specifies taking 

pictures, completing an inspection 

report, and sending removed parts to the 

manufacturer, whereas this proposed 

AD would not include those actions. 

The service information referenced in 

EASA AD 2022–0214 cautions that step 

3.3 shall be performed by trained 

operators or by authorized service 

stations only, whereas this proposed AD 

would require that step to be 

accomplished by persons authorized 

under 14 CFR 43.3. 

EASA AD 2022–0214 refers to the 

emergency life-raft assembly inspection 

as a ‘‘check,’’ whereas this proposed AD 

would refer to that action as an 

‘‘inspection’’ because that action must 

be accomplished by persons authorized 

under 14 CFR 43.3. 

EASA AD 2022–0214 allows 

installing inoperative placard(s) in clear 

view of both pilots to defer certain 

corrective action, provided all flight 

crews are informed and, thereafter, the 

helicopter is operated accordingly. FAA 

regulations mandate compliance with 

placards. However, this proposed AD 

would not require informing flight 

crews or operating the helicopter 

accordingly because compliance with 

such requirements in an AD is 

impracticable to demonstrate or track on 

an ongoing basis; therefore, a 

requirement to operate the aircraft in 

such a manner is unenforceable. 

Nonetheless, flight crews of the 

helicopters identified in the 

applicability must operate in 

accordance with the placard(s) proposed 

by this AD. 

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. 

Inspecting the left- and right-hand 

side life-raft installations would take 

about 4 work-hours for an estimated of 

cost of $340 per helicopter and $1,360 

for the U.S. fleet. 

If required, replacing a control cable 

and inspecting the life-raft assembly 

would take about 1 work-hour and parts 

would cost about $1,665 for an 

estimated cost of $1,750 per side. If 

required, replacing a pulley cover 

would take about 0.5 work-hour and 

parts would cost about $100 for an 

estimated cost of $143 per side. If 

required, correcting the cable 

installation would take about 4 workhour and would cost about $340 per 

side. If required, replacing a life raft 

assembly would take about 4 workhours and parts would cost about 

$125,700 for an estimated cost of 

$126,040 per side. 

The FAA has included all known 

costs in its cost estimate. According to 

the manufacturer, however, some of the 

costs of this proposed AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

operators. 

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. 


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14422 Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Proposed Rules 

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–2024– 

0235; Project Identifier MCAI–2022– 

01376–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 Leonardo S.p.a. Model 

AW189 helicopters, certificated in any 

category, as identified in European Union 

Aviation Safety Agency (EASA) AD 2022– 

0214, dated October 21, 2022 (EASA AD 

2022–0214). 

(d) Subject 

Joint Aircraft Service Component (JASC) 

Code 2564, Life Raft. 

(e) Unsafe Condition 

This AD was prompted by a report of an 

uncommanded deployment of the Emergency 

life-raft system (ELS), possibly due to an 

incorrect installation of its control cable. The 

FAA is issuing this AD to address 

unintended activation and deployment of the 

ELS. The unsafe condition, if not addressed, 

could result in unintended activation and 

deployment of the ELS in flight with possible 

impact on the rotors, resulting in reduced 

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, EASA AD 2022– 

0214. 

(h) Exceptions to EASA AD 2022–0214 

(1) Where EASA AD 2022–0214 refers to 

‘‘flight hours,’’ this AD requires replacing 

those words with ‘‘hours time-in-service.’’ 

(2) Where EASA AD 2022–0214 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(3) Where the service information 

referenced in paragraph (1) of EASA AD 

2022–0214 specifies taking pictures and 

completing the inspection report, this AD 

does not include those requirements. 

(4) Where the service information 

referenced in paragraph (1) of EASA AD 

2022–0214 states, ‘‘damage (e.g., wear or bird 

caging)’’ or ‘‘damaged’’ when referring to the 

control cable that comes out from the sheath; 

for this AD, replace that text with, ‘‘damage, 

which may be indicated by wear, corrosion, 

a broken wire, a necked down section, a kink, 

bird-caging, a flattened area, abrasion, or 

gouging.’’ 

(5) Where the service information 

referenced in paragraph (1) of EASA AD 

2022–0214 states, ‘‘condition (no sign of 

damage, cracks or missing parts)’’ or 

‘‘damaged’’ when referring to the break-away 

pin; for this AD, replace that text with, 

‘‘damage, which may be indicated by wear, 

corrosion, nick, cracks, or distortion.’’ 

(6) Where the service information 

referenced in paragraph (1) of EASA AD 

2022–0214 states, ‘‘condition,’’ ‘‘damage/ 

wear,’’ and ‘‘damages’’ when referring to the 

pulley cover; for this AD, replace that text 

with, ‘‘damage, which may be indicated by 

abrasion, cracks, punctures, cuts, corrosion, 

or distortion.’’ 

(7) Where the service information 

referenced in paragraph (1) of EASA AD 

2022–0214 specifies removing the pully 

cover in case it is not possible to properly 

inspect the whole cover; for this AD, 

removing the pulley cover to inspect the 

whole cover is required. 

(8) Where the service information 

referenced in paragraph (1) of EASA AD 

2022–0214 cautions that step 3.3 shall be 

performed by trained operators or by 

authorized service stations only, this AD 

does not include those cautions. For this AD, 

step 3.3 must be accomplished by persons 

authorized under 14 CFR 43.3. 

(9) Where paragraph (2) of EASA AD 2022– 

0214 specifies ‘‘accomplish a check of the 

affected emergency life-raft assembly,’’ this 

AD requires replacing that text with 

‘‘accomplish an emergency life-raft assembly 

inspection.’’ 

(10) Where paragraph (4) of EASA AD 

2022–0214 specifies ‘‘during the check of the 

emergency life-raft assembly as required by 

paragraph (2) of this AD,’’ this AD requires 

replacing that text with ‘‘during the life-raft 

assembly inspection as required by paragraph 

(2) of this AD.’’ 

(11) Where paragraph (5) of EASA AD 

2022–0214 specifies ‘‘before next flight after 

the check as required by paragraph (2) of this 

AD,’’ this AD requires replacing that text 

with ‘‘before next flight after the life-raft 

assembly inspection as required by paragraph 

(2) of this AD.’’ 

(12) Where paragraph (5) of EASA AD 

2022–0214 specifies to inform all flight crews 

and, thereafter, operate the helicopter 

accordingly, this AD does not require those 

actions. 

(13) Where Table 1 of paragraph (5) of 

EASA AD 2022–0214 specifies ‘‘Within 120 

days after accomplishment of the inspection 

as required by paragraph (1) of this AD’’, this 

AD requires replacing that text with ‘‘Before 

next flight over water.’’ 

(14) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2022–0214. 

(i) No Reporting or Return of Parts 

Although the service information 

referenced in EASA AD 2022–0214 specifies 

to submit certain information and send 

removed parts to the manufacturer, this AD 

does not include those requirements. 

(j) 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, mail it to the attention of the address 

identified in paragraph (k) of this AD or 

email to: 9-AVS-AIR-730-AMOC@faa.gov. If 

mailing information, also submit information 

by email. 

(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. 

(k) 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. 

(l) 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 2022–0214, dated October 21, 

2022. 

(ii) [Reserved] 

(3) For EASA AD 2022–0214, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; phone +49 221 8999 000; 

email ADs@easa.europa.eu; website 

easa.europa.eu. You may find the EASA 

material on the EASA website 

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 fr.inspection@nara.gov. 

Issued on February 21, 2024. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–03971 Filed 2–26–24; 8:45 am] 

BILLING CODE 4910–13–P 


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