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[Federal Register Volume 90, Number 24 (Thursday, February 6, 2025)]
[Proposed Rules]
[Pages 9069-9071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02250]

========================================================================
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. 24 / Thursday, February 6, 2025 / 
Proposed Rules

[[Page 9069]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2025-0019; Project Identifier MCAI-2023-01218-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 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: [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-2025-0019.

FOR FURTHER INFORMATION CONTACT: Dan McCully, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (404) 
474-5548; 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 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: 
[email protected]. 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

[[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.

[[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

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-2025-0019; 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: [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) 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: 
[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 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: [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 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 [email protected].

    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
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