Rule2025-02249
Airworthiness Directives; Leonardo S.p.a. Helicopters
Primary source
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Published
February 4, 2025
Effective
February 19, 2025
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 90 Issue 22 (Tuesday, February 4, 2025)</title>
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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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<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-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:
<bullet> For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email: <a href="/cdn-cgi/l/email-protection#8fcecbfccfeaeefceea1eafafde0ffeea1eafa"><span class="__cf_email__" data-cfemail="c8898cbb88ada9bba9e6adbdbaa7b8a9e6adbd">[email protected]</span></a>; website: easa.europa.eu. You may find
the EASA material on the EASA website at ad.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. It is also available at
<a href="http://regulations.gov">regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#0762756e6429756e7162756637364761666629606871"><span class="__cf_email__" data-cfemail="21445348420f5348574453401110614740400f464e57">[email protected]</span></a>.
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
<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 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:
<a href="/cdn-cgi/l/email-protection#e580978c86cb978c93809784d5d4a5838484cb828a93"><span class="__cf_email__" data-cfemail="01647368622f7368776473603130416760602f666e77">[email protected]</span></a>. 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 <a href="http://regulations.gov">regulations.gov</a> 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 <a href="http://regulations.gov">regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#83c2ceccc0c3e5e2e2ade4ecf5"><span class="__cf_email__" data-cfemail="b8f9f5f7fbf8ded9d996dfd7ce">[email protected]</span></a>.
(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:
<a href="/cdn-cgi/l/email-protection#fe9b8c979dd08c97889b8c9fcecfbe989f9fd0999188"><span class="__cf_email__" data-cfemail="4722352e2469352e3122352677760721262669202831">[email protected]</span></a>.
(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: <a href="/cdn-cgi/l/email-protection#7031340330151103115e1505021f00115e1505"><span class="__cf_email__" data-cfemail="c68782b586a3a7b5a7e8a3b3b4a9b6a7e8a3b3">[email protected]</span></a>; 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 <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#ccaabee2a5a2bfbca9afb8a5a3a28ca2adbeade2aba3ba"><span class="__cf_email__" data-cfemail="0f697d2166617c7f6a6c7b6660614f616e7d6e21686079">[email protected]</span></a>.
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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