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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2025-0019; Project Identifier MCAI-2023-01218-R]
          - RIN 2120-AA64

# 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 A119 and AW119 MKII helicopters. This proposed AD was prompted by a report of an electrical failure of the starter-generator, due to a rupture of the drive shaft, which resulted in a partial loss of battery power. This proposed AD would require installing a battery discharge detector and revising the existing Rotorcraft Flight Manual (RFM) for the helicopter, 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 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-2025-0019; 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: ADs@easa.europa.eu ; 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-2025-0019.                    

# FOR FURTHER INFORMATION CONTACT:

                        Dan McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (404) 474-5548; email:                         *william.mccully@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-2025-0019; Project Identifier MCAI-2023-01218-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 Dan McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (404) 474-5548; email:                     *william.mccully@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 2023-0210, dated November 27, 2023 (EASA AD 2023-0210) (also referred to as the MCAI), to correct an unsafe condition on Leonardo S.p.A. Model A119 and AW119MKII helicopters. The MCAI states an electrical failure of a starter-generator occurred, which was caused by a rupture of the drive shaft. The MCAI further states that this failure was not detected by the generator control unit, which resulted in a partial loss of battery power. This condition, if not addressed, could lead to complete loss of electrical power and subsequent loss 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-2025-0019.                

## Material Incorporated by Reference Under 1 CFR Part 51

                    EASA AD 2023-0210 requires installing a battery discharge detector                           ( print page 9070)                        and amending the existing RFM for the helicopter by incorporating the RFM revision identified within, as applicable by helicopter model and serial number. The RFM revision includes revising the Emergency and Malfunction Procedures by updating “Failure of the generator and d.c. bus” information and adding “Battery discharging” information.                

                    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 2023-0210, 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.”

This proposed AD would also require revising the existing RFM for the helicopter. Revising the existing RFM for the helicopter may be performed by the owner/operator (pilot) holding at least a private pilot certificate and must be entered into the aircraft records showing compliance with this action in accordance with 14 CFR 43.9(a) and 91.417(a)(2)(v). The pilot may perform this action because it only involves revising the existing RFM by inserting pages, which is not considered a maintenance action.

## 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 2023-0210 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2023-0210 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 2023-0210 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 2023-0210. Material referenced in EASA AD 2023-0210 for compliance will be available at                     *regulations.gov*                     under Docket No. FAA-2025-0019 after the FAA final rule is published.                

## Differences Between This Proposed AD and the MCAI

For Model AW119 MKII helicopters modified by STC SR03280NY, the material referenced in EASA AD 2023-0210 specifies contacting the STC holder, whereas this proposed AD would require installing a battery discharge detector in accordance with a method approved by the FAA.

The MCAI requires operators to “inform all flight crew” of the revisions to the RFM, and thereafter to “operate the helicopter accordingly.” However, this proposed AD would not specifically require those actions as those actions are already required by FAA regulations. FAA regulations require operators furnish to pilots any changes to the RFM (for example, 14 CFR 135.21), and to ensure the pilots are familiar with the RFM (for example, 14 CFR 91.505). As with any other flight crew training requirement, training on the updated RFM content is tracked by the operators and recorded in each pilot's training record, which is available for the FAA to review. FAA regulations also require pilots to follow the procedures in the existing RFM including all updates. Therefore, including a requirement in this AD to inform the flight crew and operate the helicopter according to the revised RFM would be redundant and unnecessary.

Further, 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, the FAA recommends that flight crews of the helicopters listed in the applicability operate in accordance with the revised emergency procedures proposed by this AD.

## Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would affect 192 helicopters of U.S. registry. Labor costs are estimated at $85 per work-hour. Based on these numbers, the FAA estimates the following costs to comply with this proposed AD.

For Model AW119 MKII helicopters modified by STC SR03280NY, the FAA has no data to provides cost estimates for installing a battery discharge detector. For all other helicopters, installing a battery discharge detector would take up to 10 work-hours and parts would cost $1,772 for an estimated cost of $2,622 per helicopter and $503,424 for the U.S. fleet. Revising the existing RFM for the helicopter would take 1 work-hour for an estimated cost of $85 per helicopter and $16,320 for the U.S. fleet.

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.                          ( print page 9071)    

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

1. The authority citation for part 39 continues to read as follows: 

Authority:49 U.S.C. 106(g), 40113, 44701.

§ 39.13 

2. The FAA amends § 39.13 by adding the following new airworthiness directive: 

**Leonardo S.p.a.:**                         Docket No. FAA-2025-0019; Project Identifier MCAI-2023-01218-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 A119 and AW119 MKII helicopters, certificated in any category.

## (d) Subject

Joint Aircraft Service Component (JASC) Code: 2432, Battery/charger system.

## (e) Unsafe Condition

This AD was prompted by a report of an electrical failure of the starter-generator, due to a rupture of the drive shaft, which resulted in a partial loss of battery power. The FAA is issuing this AD to prevent loss of battery power. The unsafe condition, if not addressed, could lead to complete loss of electrical power, and subsequent loss control of the helicopter.

## (f) Compliance

Comply with this AD within the compliance times specified, unless already done.

## (g) Requirements

(1) 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 2023-0210, dated November 27, 2023 (EASA AD 2023-0210).

(2) The owner/operator (pilot) holding at least a private pilot certificate may revise the existing Rotorcraft Flight Manual for the helicopter and must enter compliance with this requirement into the helicopter maintenance records in accordance with 14 CFR 43.9(a) and 14 CFR 91.417(a)(2)(v). The record must be maintained as required by 14 CFR 91.417, 121.380, or 135.439.

## (h) Exceptions to EASA AD 2023-0210

(1) Where EASA AD 2023-0210 refers to its effective date, this AD requires using the effective date of this AD.

(2) Where the material referenced in EASA AD 2023-0210 specifies contacting the STC holder for Model AW119 MKII helicopters modified by STC SR03280NY, this AD requires installing a battery discharge detector in accordance with a method approved by the Manager, International Validation Branch, FAA.

(3) Where the material referenced in EASA AD 2023-0210 specifies, by means of existing hardware, this AD requires airworthy hardware.

(4) Where the material referenced in EASA AD 2023-0210 specifies to “retain hardware,” this AD requires replacing that text with, “retain only airworthy hardware.”

(5) Where paragraph (2) of EASA AD 2023-0210 specifies to “inform all flight crews and, thereafter, operate the helicopter accordingly,” this AD does not require those actions.

(6) Where paragraph (3) of EASA AD 2023-0210 states “which includes the same content as,” this AD requires replacing that text with “with information identical to that in the “Battery discharging” (BATT DISCH) and “Failure of the generator and d.c. bus” (DC GEN) procedures of the Emergency Procedures section of.”

(7) This AD does not adopt the “Remarks” section of EASA AD 2023-0210.

## (i) No Reporting Requirement

Although the material referenced in EASA AD 2023-0210 specifies to submit certain information to the manufacturer, this AD does not include that requirement.

## (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. Information may be emailed to:                         *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.

## (k) Additional Information

                        For more information about this AD, contact Dan McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (404) 474-5548; email:                         *william.mccully@faa.gov*.                    

## (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 this AD specifies otherwise.

(i) European Union Aviation Safety Agency (EASA) AD 2023-0210, dated November 27, 2023.

(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:                         *ADs@easa.europa.eu*; 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 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 January 30, 2025.

Victor Wicklund,

Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service.

[FR Doc. 2025-02250 Filed 2-5-25; 8:45 am]

BILLING CODE 4910-13-P