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[Federal Register Volume 90, Number 23 (Wednesday, February 5, 2025)]
[Proposed Rules]
[Pages 9011-9013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02221]

========================================================================
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. 90, No. 23 / Wednesday, February 5, 2025 / 
Proposed Rules

[[Page 9011]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2025-0020; Project Identifier MCAI-2024-00604-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 A109E, A109S, and AW109SP 
helicopters. This proposed AD was prompted by reports of incorrect 
installation of the motor (MTR) cables and the bonding braids connected 
to the engine fire extinguisher bottles. This proposed AD would require 
inspecting the cables and bonding braids installation and, depending on 
the results, accomplishing corrective action, 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 NPRM by March 24, 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-2025-0020; 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 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 proposed 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 this 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-2025-0020.

FOR FURTHER INFORMATION CONTACT: Peter Schmitt, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (206) 231-3377; email: [email protected].

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 the ADDRESSES section. Include ``Docket No. FAA-2025-0020; 
Project Identifier MCAI-2024-00604-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 Peter 
Schmitt, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (206) 231-3377; 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 2024-0193, dated October 11, 2024 
(EASA AD 2024-0193) (also referred to as the MCAI), to correct an 
unsafe condition on certain serial-numbered Leonardo S.p.a. Model 
A109E, A109LUH, A109S, and AW109SP helicopters. The MCAI states that 
reports were received of incorrect installation of the MTR cables and 
the bonding braids connected to the engine fire extinguisher bottles. 
This condition, if not detected and corrected, could lead to reduced 
performance of the engine fire extinguishing system during an engine 
fire and subsequent loss of control of the helicopter. The FAA is 
proposing this AD to address the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2025-0020.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed EASA AD 2024-0193, which requires inspecting the 
left-

[[Page 9012]]

hand and right-hand side MTR cables and bonding braids for correct 
installation and, depending on the findings, accomplishing corrective 
action (disconnecting and properly reinstalling the affected MTR 
cable(s) and bonding braid(s)) in accordance with ``the ASB'' as 
defined within. 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 of the unsafe condition described in 
the MCAI referenced above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop on other products of these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2024-0193, 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 MCAI.''

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 2024-0193 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2024-0193 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 2024-0193 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-
0193. Material referenced in EASA AD 2024-0193 for compliance will be 
available at regulations.gov under Docket No. FAA-2025-0020 after the 
FAA final rule is published.

Differences Between This Proposed AD and the MCAI

    EASA AD 2024-0193 applies to Model A109LUH helicopters; however, 
this proposed AD would not because that model is not FAA type-
certificated.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 101 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 the proposed AD.
    Inspecting the engine fire extinguisher bottle electrical 
connections would take 1 work-hour for an estimated cost of $85 per 
helicopter and $8,585 for the U.S. fleet.
    Disconnecting and reinstalling the MTR cable(s) and bonding 
braid(s) would take up to 1 work-hour for an estimated cost of up to 
$85 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,
    (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-2025-0020; Project Identifier MCAI-
2024-00604-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 24, 2025.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A109E, A109S, and 
AW109SP helicopters, certificated in any category, as identified in 
European Union Aviation Safety Agency AD 2024-0193, dated October 
11, 2024 (EASA AD 2024-0193).

(d) Subject

    Joint Aircraft System Component (JASC) Code 2620, Extinguishing 
System.

(e) Unsafe Condition

    This AD was prompted by reports of incorrect installation of the 
motor (MTR) cables and the bonding braids connected to the engine 
fire extinguisher bottles. The FAA is issuing this AD to detect and 
correct incorrect installation of the MTR cables and the bonding 
braids to the engine fire extinguisher bottles, which could lead to 
reduced performance of the engine fire extinguishing system during 
an engine fire and subsequent loss of control of the helicopter.

[[Page 9013]]

(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 2024-0193.

(h) Exceptions to EASA AD 2024-0193

    (1) Where EASA AD 2024-0193 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2024-0193 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraph (2) of EASA AD 2024-0193 states ``any 
discrepancy,'' this AD requires replacing that text with ``an 
improper installation.''
    (4) This AD does not adopt the ``Remarks'' section of EASA AD 
2024-0193.

(i) No Reporting Requirement

    Although the material referenced in EASA AD 2024-0193 specifies 
to submit certain information to the manufacturer, this AD does not 
require that action.

(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, send 
it to the attention of the person identified in paragraph (k) of 
this AD and email 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.

(k) Related Information

    For more information about this AD, contact Peter Schmitt, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (206) 231-3377; email: 
[email protected].

(l) 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 2024-0193, 
dated October 11, 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 30, 2025.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2025-02221 Filed 2-4-25; 8:45 am]
BILLING CODE 4910-13-P
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