Proposed Rule2025-19082
Airworthiness Directives; Leonardo S.p.A. Helicopters
Primary source
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Published
September 30, 2025
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2021-23-04 which applies to certain Leonardo S.p.A. Model A109E helicopters. AD 2021-23-04 requires repetitive inspections of the intersection of the lateral pylon and floor spar at station (STA) 1815 for cracking and repair, depending on the findings. Since the FAA issued AD 2021-23-04, it was determined that additional helicopter models are affected by the unsafe condition. Additionally, the manufacturer has developed a modification that provides terminating action for the repetitive inspections. This proposed AD would continue to require repetitive inspections of the affected area for cracking and would add additional helicopter models to the applicability. This proposed AD would also require modifying the affected area, which would be terminating action for the repetitive inspections. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 90 Issue 187 (Tuesday, September 30, 2025)</title>
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[Federal Register Volume 90, Number 187 (Tuesday, September 30, 2025)]
[Proposed Rules]
[Pages 46768-46771]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19082]
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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.
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Federal Register / Vol. 90, No. 187 / Tuesday, September 30, 2025 /
Proposed Rules
[[Page 46768]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-2556; Project Identifier MCAI-2024-00034-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 supersede Airworthiness Directive (AD)
2021-23-04 which applies to certain Leonardo S.p.A. Model A109E
helicopters. AD 2021-23-04 requires repetitive inspections of the
intersection of the lateral pylon and floor spar at station (STA) 1815
for cracking and repair, depending on the findings. Since the FAA
issued AD 2021-23-04, it was determined that additional helicopter
models are affected by the unsafe condition. Additionally, the
manufacturer has developed a modification that provides terminating
action for the repetitive inspections. This proposed AD would continue
to require repetitive inspections of the affected area for cracking and
would add additional helicopter models to the applicability. This
proposed AD would also require modifying the affected area, which would
be terminating action for the repetitive inspections. 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 November
14, 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-2025-2556; 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 European Union Aviation Safety Agency (EASA) material
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#2c6d685f6c494d5f4d0249595e435c4d024959"><span class="__cf_email__" data-cfemail="fabbbe89ba9f9b899bd49f8f88958a9bd49f8f">[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 Pkwy., 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-2025-2556.
FOR FURTHER INFORMATION CONTACT: Dan McCully, Program Manager,
International Validation Branch, FAA, 1600 Stewart Ave., Suite 410,
Westbury, NY 11590; phone: (404) 474-5548; email:
<a href="/cdn-cgi/l/email-protection#1c6b757070757d7132717f7f697070655c7a7d7d327b736a"><span class="__cf_email__" data-cfemail="06716f6a6a6f676b286b6565736a6a7f4660676728616970">[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 the ADDRESSES section. Include ``Docket No. FAA-2025-2556;
Project Identifier MCAI-2024-00034-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, Program Manager, International Validation Branch, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590. Any commentary that the
FAA receives that is not specifically designated as CBI will be placed
in the public docket for this rulemaking.
Background
The FAA issued AD 2021-23-04, Amendment 39-21802 (86 FR 68892,
December 6, 2021) (AD 2021-23-04), for Leonardo S.p.a. Model A109E
helicopters. AD 2021-23-04 requires repetitive inspections of the
intersection of the lateral pylon and floor spar at STA 1815 for
cracking and, depending on the findings, repair, as specified in EASA
AD 2020-0256, dated November 17, 2020 (EASA AD 2020-0256). The FAA
issued AD 2021-23-04 to address cracking in the intersection of the
lateral pylon and floor spar at STA 1815 on the left- and right-hand
sides, which, if not addressed, could affect the structural integrity
of the helicopter.
[[Page 46769]]
Actions Since AD 2021-23-04 Was Issued
After the FAA issued AD 2021-23-04, EASA, which is the Technical
Agent for the Member States of the European Union, issued superseding
EASA AD 2022-0153, dated July 28, 2022 (EASA AD 2022-0153), to correct
an unsafe condition for Leonardo S.p.A. Helicopters Model A109E
helicopters, all serial numbers (S/N); Model A109S helicopters, all S/
Ns up to 22199 inclusive; and Model A109LUH helicopters, all S/Ns. EASA
AD 2022-0153 was issued after it was determined that additional
helicopters may be affected by the unsafe condition described in EASA
AD 2020-0256; therefore, EASA AD 2022-0153 retained the requirements of
EASA AD 2020-0253, which was superseded, and increased the
applicability by expanding applicable Model A109E helicopters to all S/
Ns and adding all Model A109LUH and certain serial-numbered Model A109S
helicopters.
After EASA AD 2022-0153 was issued, Leonardo developed a
modification which provides terminating action for the repetitive
inspections; EASA subsequently issued EASA AD 2024-0004, dated January
5, 2024 (EASA AD 2024-0004) (also referred to as the MCAI), which
supersedes EASA AD 2022-0153, retains the inspection requirements of
EASA AD 2022-0153, and requires a modification, which consists of a
fuselage reinforcement, of the affected area as terminating action for
the repetitive inspections. This proposed AD was prompted by reports of
cracking in the center fuselage frame assembly in the intersection of
the lateral pylon and floor spar at STA 1815 on the left- and right-
hand sides and the subsequent development of a modification to that
area to prevent cracking. The unsafe condition, if not addressed, could
affect the structural integrity of the helicopter.
You may examine EASA AD 2024-0004 in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2025-2556.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0004 specifies procedures for repetitive inspections
of STA 1815 for cracking, fluorescent liquid penetrant inspections of
any cracking to determine the extent of the cracking, or other damage,
such as deformation or corrosion, and modifying the affected area by
reinforcing the fuselage, which would provide terminating action for
the repetitive inspections.
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 civil aviation authority
(CAA) 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, that authority has notified the FAA of the unsafe
condition described in the MCAI. The FAA is issuing this NPRM after
determining that the unsafe condition described previously is likely to
exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2024-0004, described previously as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD. See ``Differences Between this
Proposed AD and the MCAI'' for a discussion of the general differences
included in this proposed AD.
Differences Between This Proposed AD and the MCAI
The MCAI applies to Model A109LUH helicopters, whereas this
proposed AD would not because that model is not FAA-type certificated.
Where the MCAI provides credit for only initial inspections, this
proposed AD would provide credit for any inspections.
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 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 2024-0004 by reference in the FAA final rule. This proposed AD
would, therefore, require compliance with EASA AD 2024-0004 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 2024-0004 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 2024-0004. Service material
required in EASA AD 2024-0004 for compliance will be available at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2025-2556 after the FAA final rule
is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 119 helicopters of U.S. Registry. The FAA estimates the
following costs to comply with this proposed AD.
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Inspection....................... Up to 6 work-hours $0 Up to $510 per Up to $35,700 per
x $85 per hour = inspection cycle. inspection cycle.
$510 per
inspection cycle.
Modification..................... 120 workhours x $85 2,730 $3,100 per fuselage $368,900 per
per fuselage side. side. fuselage 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.
[[Page 46770]]
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.
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:
0
a. Removing Airworthiness Directive 2021-23-04, Amendment 39-21802 (86
FR 68892, December 6, 2021); and
0
b. Adding the following new airworthiness directive:
Leonardo S.p.A.: Docket No. FAA-2025-2556; Project Identifier MCAI-
2024-00034-R.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by November 14, 2025.
(b) Affected ADs
This AD replaces AD 2021-23-04, Amendment 39-21802 (86 FR 68892,
December 6, 2021).
(c) Applicability
This AD applies to Leonardo S.p.A. Model A109E and Model A109S
helicopters, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2024-0004, dated January 5,
2024 (EASA AD 2024-0004).
(d) Subject
Joint Aircraft Service Component (JASC) Code 5300, Fuselage
structure.
(e) Unsafe Condition
This AD was prompted by reports of cracking in the center
fuselage frame assembly in the intersection of the lateral pylon and
floor spar at station 1815 on the left- and right-hand sides and the
subsequent development of a modification to that area to prevent
cracking. The FAA is issuing this AD to address this cracking which,
if not addressed, could affect the structural integrity 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 2024-0004.
(h) Exceptions to EASA AD 2024-0004
(1) Where EASA AD 2024-0004 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
(2) Where EASA AD 2024-0004 refers to ``[the effective date of
EASA 2020-0256]'', this AD requires using the effective date of AD
2021-23-04, which is January 10, 2022.
(3) Where EASA AD 2024-0004 refers to its effective date and
August 11, 2022 (the effective date of EASA AD 2022-0153, dated July
28, 2022), this AD requires using the effective date of this AD.
(4) Where paragraphs (3) and (4) of EASA AD 2024-0004 specifies
damage, for the purposes of this AD, damage can be indicated by, but
not limited to, corrosion or deformation.
(5) Where paragraph (5) of EASA AD 2024-0004 specifies
contacting Leonardo for approved repair instructions and
accomplishing those instructions accordingly, this AD requires
corrective action must be done in accordance with a method approved
by the Manager, International Validation Branch, FAA; or EASA; or
Leonardo S.p.A. Helicopters' EASA Design Organization Approval
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.
(6) Where paragraph (7) of EASA AD 2024-0004 applies to initial
inspections, for this AD, replace that text with ``any inspection''.
(7) Where paragraph (8) of EASA AD 2024-0004 allows credit for
repairs accomplished in accordance with the applicable Leonardo
approved repair instructions, whereas this AD does not allow that
credit.
(8) Where the material referenced in EASA AD 2024-0004 specifies
discarding parts, this AD requires removing those parts from
service.
(9) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0004.
(i) No Reporting Requirement
Although the service material referenced in EASA AD 2024-0004
specifies submitting certain information to the manufacturer, this
AD does not include that action.
(j) Special Flight Permits
Special flight permits are prohibited.
(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 and email to: <a href="/cdn-cgi/l/email-protection#387975777b785e59165f574e"><span class="__cf_email__" data-cfemail="01404c4e424167602f666e77">[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) Additional Information
For more information about this AD, contact Dan McCully, Program
Manager, International Validation Branch, FAA, 1600 Stewart Ave.,
Suite 410, Westbury, NY 11590; phone: (404) 474-5548; email:
<a href="/cdn-cgi/l/email-protection#d5a2bcb9b9bcb4b8fbb8b6b6a0b9b9ac95b3b4b4fbb2baa3"><span class="__cf_email__" data-cfemail="4c3b252020252d2162212f2f392020350c2a2d2d622b233a">[email protected]</span></a>.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service material as applicable to do the
actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2024-0004,
dated January 5, 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#08494c7b486d697b69266d7d7a677869266d7d"><span class="__cf_email__" data-cfemail="1e5f5a6d5e7b7f6d7f307b6b6c716e7f307b6b">[email protected]</span></a>;
[[Page 46771]]
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#82e4f0acebecf1f2e7e1f6ebedecc2ece3f0e3ace5edf4"><span class="__cf_email__" data-cfemail="a8ceda86c1c6dbd8cdcbdcc1c7c6e8c6c9dac986cfc7de">[email protected]</span></a>.
Issued on September 26, 2025.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2025-19082 Filed 9-29-25; 8:45 am]
BILLING CODE 4910-13-P
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