Proposed Rule2025-02250
Airworthiness Directives; Leonardo S.p.a. Helicopters
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 6, 2025
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 24 (Thursday, February 6, 2025)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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).
-----------------------------------------------------------------------
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:
<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-2025-0019; 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:
<bullet> For EASA material identified in this proposed AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221
8999 000; email: <a href="/cdn-cgi/l/email-protection#28696c5b684d495b49064d5d5a475849064d5d"><span class="__cf_email__" data-cfemail="3c7d784f7c595d4f5d1259494e534c5d125949">[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-2025-0019.
FOR FURTHER INFORMATION CONTACT: Dan McCully, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (404)
474-5548; email: <a href="/cdn-cgi/l/email-protection#1166787d7d78707c3f7c7272647d7d68517770703f767e67"><span class="__cf_email__" data-cfemail="07706e6b6b6e666a296a6464726b6b7e4761666629606871">[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-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
<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 Dan
McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (404) 474-5548; email:
<a href="/cdn-cgi/l/email-protection#7d0a141111141c1053101e1e081111043d1b1c1c531a120b"><span class="__cf_email__" data-cfemail="6b1c020707020a06450608081e0707122b0d0a0a450c041d">[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 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
<a href="http://regulations.gov">regulations.gov</a> 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 <a href="http://regulations.gov">regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#52131f1d11123433337c353d24"><span class="__cf_email__" data-cfemail="2b6a6664686b4d4a4a054c445d">[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.
(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:
<a href="/cdn-cgi/l/email-protection#7b0c121717121a16551618180e1717023b1d1a1a551c140d"><span class="__cf_email__" data-cfemail="2057494c4c49414d0e4d4343554c4c59604641410e474f56">[email protected]</span></a>.
(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: <a href="/cdn-cgi/l/email-protection#88c9ccfbc8ede9fbe9a6edfdfae7f8e9a6edfd"><span class="__cf_email__" data-cfemail="4b0a0f380b2e2a382a652e3e39243b2a652e3e">[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 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 <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#9bfde9b5f2f5e8ebfef8eff2f4f5dbf5fae9fab5fcf4ed"><span class="__cf_email__" data-cfemail="3c5a4e1255524f4c595f485553527c525d4e5d125b534a">[email protected]</span></a>.
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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 6, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.