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[Federal Register Volume 90, Number 22 (Tuesday, February 4, 2025)]
[Rules and Regulations]
[Pages 8874-8876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02249]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2025-0017; Project Identifier MCAI-2024-00706-R; 
Amendment 39-22951; AD 2025-03-03]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Leonardo S.p.a. Model A109E, A109K2, A109S, AB412, AB412 EP, AB139, and 
AW139 helicopters. This AD was prompted by a report that certain rescue 
hoist cable assemblies may be equipped with a defective ball end. This 
AD requires inspecting certain rescue hoist cable assemblies and, 
depending on the results, replacing the rescue hoist cable assembly. 
This AD also allows installing certain rescue hoist cable assemblies 
and certain rescue hoists provided its requirements are met. These 
actions are specified in a European Union Aviation Safety Agency (EASA) 
AD, which is incorporated by reference. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective February 19, 2025.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 19, 
2025.
    The FAA must receive comments on this AD by March 21, 2025.

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-2025-0017; 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 final rule, the mandatory continuing airworthiness 
information (MCAI), 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 AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: [email protected]; website: 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 Parkway, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of this 
material at the FAA, call (817) 222-5110. It is also available at 
regulations.gov under Docket No. FAA-2025-0017.

FOR FURTHER INFORMATION CONTACT: Eric Rivera, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (847) 
294-7166; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2025-0017; Project 
Identifier MCAI-2024-00706-R'' at the beginning of your comments. The 
most helpful comments reference a specific portion of the final rule, 
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 final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Eric 
Rivera, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (847) 294-7166; email: 
[email protected]. 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 2024-0228, dated November 29, 2024 
(EASA AD 2024-0228) (also referred to as the MCAI), to correct an 
unsafe condition on Leonardo S.p.A. Model AB412, AB412EP, A109E, 
A109K2, A109S, AB139, and AW139 helicopters. The

[[Page 8875]]

MCAI states the manufacturer reported that a defective testing tool was 
used during production, repair, and overhaul of certain recue hoist 
cable assemblies resulting in assemblies equipped with a defective ball 
end.
    The FAA is issuing this AD to detect and address defective rescue 
hoist cable assembly ball ends. This unsafe condition, if not 
addressed, could lead to failure of the rescue hoist cable assembly, 
possibly resulting in injuries to a human load, or to persons on 
ground.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2025-0017.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed EASA AD 2024-0228, which requires, for helicopters 
with certain rescue hoists installed, a one-time inspection of the 
rescue hoist cable assembly and, depending on the results, replacing 
the rescue hoist cable assembly. EASA AD 2024-0228 also allows 
installing certain rescue hoist cable assemblies on any helicopter 
provided it is new (never previously installed on a rescue hoist) and 
allows installing certain rescue hoists on any helicopter provided it 
passes its required inspection.
    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.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA about the unsafe condition described 
in the MCAI. The FAA is issuing this AD after determining that the 
unsafe condition described previously is likely to exist or develop on 
other products of these same type designs.

AD Requirements

    This AD requires accomplishing the actions specified in EASA AD 
2024-0228, described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this 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, 
EASA AD 2024-0228 is incorporated by reference in this AD. This AD 
requires compliance with EASA AD 2024-0228 in its entirety through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this AD. Using common terms that are the same as 
the heading of a particular section in EASA AD 2024-0228 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 
2024-0228. Material required by EASA AD 2024-0228 for compliance will 
be available at regulations.gov under Docket No. FAA-2025-0017 after 
this AD is published.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 
551 et seq.) authorizes agencies to dispense with notice and comment 
procedures for rules when the agency, for ``good cause,'' finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because the rescue hoist assembly is essential during rescue operations 
and failure of this assembly could result in a failed rescue attempt 
and injury to a person being lifted or persons on the ground. 
Additionally, the FAA has no information pertaining to the extent of 
the defect in the rescue hoist assembly that may currently exist in 
helicopters or how quickly the condition may propagate to failure, 
therefore, the initial actions required by this AD must be accomplished 
before next rescue hoist operation. Accordingly, notice and opportunity 
for prior public comment are impracticable and contrary to the public 
interest pursuant to 5 U.S.C. 553(b).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects up to 422 helicopters of 
U.S. registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates that operators may incur the following 
costs to comply with this AD.
    Inspecting a rescue hoist cable assembly will take 2 work-hours for 
an estimated cost of $170 per helicopter and up to $71,740 for the U.S. 
fleet. If required, replacing a rescue hoist cable assembly will take 1 
work-hours and parts will cost $10,218 for an estimated cost of $10,303 
per helicopter.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this 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.

[[Page 8876]]

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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:

2025-03-03 Leonardo S.p.a.: Amendment 39-22951; Docket No. FAA-2025-
0017; Project Identifier MCAI-2024-00706-R.

(a) Effective Date

    This airworthiness directive (AD) is effective February 19, 
2025.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A109E, A109K2, A109S, 
AB412, AB412 EP, AB139, and AW139 helicopters, certificated in any 
category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2500, Cabin 
Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by a report that certain rescue hoist cable 
assemblies may be equipped with a defective ball end. The FAA is 
issuing this AD to detect and address defective rescue hoist cable 
assembly ball ends. This unsafe condition, if not addressed, could 
result in failure of the rescue hoist cable assembly, in-flight 
failure of the rescue hoist, and subsequent injury to a person being 
lifted or to persons on the ground.

(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 AD 2024-0228, 
dated November 29, 2024 (EASA AD 2024-0228).

(h) Exceptions to EASA AD 2024-0228

    (1) Where EASA AD 2024-0228 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2024-0228 defines the ``affected rescue 
hoist,'' this AD requires replacing that definition with ``Any 
rescue hoist, as identified in Table 2 of EASA AD 2024-0228, either 
manufactured, repaired, or overhauled by Breeze-Eastern's main 
facility in Whippany, New Jersey before April 8, 2024 and which has 
not had the rescue hoist cable replaced since then, and any rescue 
hoist, as identified in Table 2 of EASA AD 2024-0228, if the date of 
manufacture, repair, or overhaul cannot be determined.''
    (3) Where paragraph (2) of EASA AD 2024-0228 states ``any 
discrepancy is detected, as defined in the ASB,'' this AD requires 
replacing that text with ``there is any gouging.''
    Note 1 to paragraph (h)(3): The material referenced in EASA AD 
2024-0228 provides an illustration of gouging.
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2024-0228.

(i) No Reporting Requirement

    Although the material referenced in EASA AD 2024-0228 specifies 
to submit certain information to the manufacturer, this AD does not 
require that action.

(j) Special Flight Permit

    Special flight permits may be issued under 14 CFR 21.197 and 
21.199 to operate the helicopter to a location where the 
requirements of this AD can be accomplished provided that the rescue 
hoist is not used.

(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: [email protected].
    (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 Eric Rivera, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (847) 294-7166; email: 
[email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the material listed in this paragraph 
under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2024-0228, 
dated November 29, 2024.
    (ii) [Reserved]
    (3) For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: [email protected]; website: easa.europa.eu. You may 
find the EASA material on the EASA website at 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 [email protected].

    Issued on January 27, 2025.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2025-02249 Filed 1-31-25; 4:15 pm]
BILLING CODE 4910-13-P
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