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.

Proposed Rules Federal Register

14417 

Vol. 89, No. 39 

Tuesday, February 27, 2024 

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: 

• 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–2024–0236; 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: 

• For EASA material identified 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–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: 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–2024–0236; 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: 

Sungmo.D.Cho@faa.gov. 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 


lotter on DSK11XQN23PROD with PROPOSALS1
14418 Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Proposed Rules 

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, 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Proposed Rules 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 

■ 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– 

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: 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 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 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 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 


lotter on DSK11XQN23PROD with PROPOSALS1