Proposed Rule2024-03971
Airworthiness Directives; Leonardo S.p.a. Helicopters
Primary source
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Published
February 27, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 39 (Tuesday, February 27, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://regulations.gov">regulations.gov</a>. 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 <a href="http://regulations.gov">regulations.gov</a> 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 <a href="http://regulations.gov">regulations.gov</a> 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 <a href="http://customerportal.leonardocompany.com/en-US/">customerportal.leonardocompany.com/en-US/</a>. 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
<a href="http://regulations.gov">regulations.gov</a>, 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
<a href="http://regulations.gov">regulations.gov</a> 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 <a href="http://regulations.gov">regulations.gov</a> 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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> 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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