[Federal Register Volume 89, Number 39 (Tuesday, February 27, 2024)]
[Proposed Rules]
[Pages 14420-14422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03971]



[[Page 14420]]

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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).

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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:
    <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-2024-0235; 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:
    <bullet> For EASA material that is identified in this NPRM, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone +49 221 
8999 000; email <a href="/cdn-cgi/l/email-protection#f1b0b582b194908290df9484839e8190df9484"><span class="__cf_email__" data-cfemail="fcbdb88fbc999d8f9dd299898e938c9dd29989">[email protected]</span></a>; website easa.europa.eu.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#5d2e28333a30327339733e35321d3b3c3c733a322b"><span class="__cf_email__" data-cfemail="92e1e7fcf5fffdbcf6bcf1fafdd2f4f3f3bcf5fde4">[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-2024-0235; 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: 
<a href="/cdn-cgi/l/email-protection#4033352e272d2f6e246e23282f002621216e272f36"><span class="__cf_email__" data-cfemail="0477716a63696b2a602a676c6b446265652a636b72">[email protected]</span></a>. 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 one-time 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.

[[Page 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 work-hour and would cost 
about $340 per side. If required, replacing a life raft assembly would 
take about 4 work-hours 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.

[[Page 14422]]

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-2024-0235; 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: <a href="/cdn-cgi/l/email-protection#01382c4057522c4048532c3632312c404c4e42416760602f666e77"><span class="__cf_email__" data-cfemail="01382c4057522c4048532c3632312c404c4e42416760602f666e77">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#4f3c3a21282220612b612c27200f292e2e61282039"><span class="__cf_email__" data-cfemail="bfcccad1d8d2d091db91dcd7d0ffd9dede91d8d0c9">[email protected]</span></a>.

 (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 
<a href="/cdn-cgi/l/email-protection#b3f2f7c0f3d6d2c0d29dd6c6c1dcc3d29dd6c6"><span class="__cf_email__" data-cfemail="3e7f7a4d7e5b5f4d5f105b4b4c514e5f105b4b">[email protected]</span></a>; 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 <a href="/cdn-cgi/l/email-protection#9cfaeeb2f5f2efecf9ffe8f5f3f2dcf2fdeefdb2fbf3ea"><span class="__cf_email__" data-cfemail="6204104c0b0c11120701160b0d0c220c0310034c050d14">[email protected]</span></a>.

    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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