[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Proposed Rules]
[Pages 88274-88276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28037]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2244; Project Identifier MCAI-2023-00972-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 AW169 helicopters. This proposed AD was 
prompted by a determination that new or more restrictive airworthiness 
limitations are necessary. This proposed AD would require revising the 
airworthiness limitations section (ALS) of the existing helicopter 
maintenance manual or instructions for continued airworthiness (ICA) 
for your helicopter and the existing approved maintenance or inspection 
program for your helicopter, as applicable, 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 February 5, 
2024.

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-2023-2244; 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 EASA AD, any comments received, and 
other information. The street address for Docket Operations is listed 
above.
    Material Incorporated by Reference:
     For EASA material that is proposed for incorporation by 
reference in this NPRM, contact EASA, Konrad-Adenauer-Ufer 3, 50668 
Cologne, Germany; telephone +49 221 8999 000; email [email protected]; 
internet 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 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 regulations.gov under Docket No. FAA-2023-2244.
    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; telephone (+39) 0331-225074; fax (+39) 0331-
229046; or at customerportal.leonardocompany.com/en-US/. 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: [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-2023-2244; Project Identifier 
MCAI-2023-00972-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 
Sungmo Cho, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; phone (781) 238-7241; 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, issued a series of ADs with the most recent being EASA 
AD 2023-0160, dated August 16, 2023 (EASA AD 2023-0160), to correct an 
unsafe condition for Leonardo S.p.A. Model AW169 helicopters.
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
proposing this AD to address fatigue cracking, damage, and corrosion in 
principal structural elements.
    You may examine the EASA AD in the AD docket at regulations.gov 
under Docket No. FAA-2023-2244.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0160 requires replacing components before exceeding 
their life limits and accomplishing maintenance tasks within thresholds

[[Page 88275]]

and intervals specified in the applicable ALS as defined in EASA AD 
2023-0160. Depending on the results of the maintenance tasks, EASA AD 
2023-0160 requires accomplishing corrective action(s) or contacting 
Leonardo [Leonardo S.p.a.] for approved instructions and accomplishing 
those instructions. EASA AD 2023-0160 also requires revising the 
Aircraft Maintenance Programme (AMP) by incorporating the limitations, 
tasks, and associated thresholds and intervals described in the 
specified ALS as applicable to the helicopter model and configuration. 
Revising the AMP constitutes terminating action for the requirement to 
record accomplishment of the actions of replacing components before 
exceeding their life limits and accomplishing maintenance tasks within 
the thresholds and intervals specified in the applicable ALS as 
required by EASA AD 2023-0160 for demonstration of AD compliance on a 
continued basis.
    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.

Other Related Service Information

    The FAA also reviewed AW169 Air vehicle maintenance planning 
information, 69-A-AMPI-00-P, Chapter 04, ALS, Issue 21, dated July 7, 
2023. This service information specifies airworthiness limitations, 
tasks, and associated thresholds and intervals for various parts, and 
specifies new or more restrictive airworthiness limitations for certain 
components installed on the tail rotor system.

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 2023-0160, 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 2023-0160 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0160 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 2023-0160 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-
0160. Service information referenced in EASA AD 2023-0160 for 
compliance will be available at regulations.gov under Docket No. FAA-
2023-2244 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2023-0160 requires replacing certain components before 
exceeding applicable life limits, accomplishing certain maintenance 
tasks within thresholds and intervals as specified in the ALS, as 
defined within, and depending on the results, accomplishing corrective 
action within the compliance time specified in that ALS. EASA AD 2023-
0160 also requires revising the approved AMP to incorporate the 
limitations, tasks, and associated thresholds and intervals described 
in that ALS within 12 months after its effective date. Whereas, this 
proposed AD would require revising existing documents and programs 
within 30 days to incorporate the limitations, tasks, and associated 
thresholds and intervals described in that ALS, and clarifies that if 
an incorporated limitation or threshold therein is reached before 30 
days after the effective date of the final rule of this proposed AD, 
you still have up to 30 days after the effective date of the final rule 
of this proposed AD to accomplish the corresponding task.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 10 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.
    Revising the ALS of the existing helicopter maintenance manual or 
ICA for your helicopter and the existing approved maintenance or 
inspection program for your helicopter, as applicable, would take about 
2 work-hours for an estimated cost of $170 per helicopter and $1,700 
for the U.S. fleet.

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.

[[Page 88276]]

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-2023-2244; Project Identifier MCAI-
2023-00972-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by February 5, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AW169 helicopters, 
certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6400, Tail rotor 
system.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking, damage, and corrosion 
in principle structural elements. The unsafe condition, if not 
addressed, could result in failure of a part and loss of control of 
the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    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 (EASA) AD 
2023-0160, dated August 16, 2023 (EASA AD 2023-0160).

(h) Exceptions to EASA AD 2023-0160

    (1) Where EASA AD 2023-0160 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt the requirements specified in 
paragraphs (1), (2), (4), and (5) of EASA AD 2023-0160.
    (3) Where paragraph (3) of EASA AD 2023-0160 specifies ``Within 
12 months after the effective date of this AD, revise the approved 
AMP,'' this AD requires replacing those words with ``Within 30 days 
after the effective date of this AD, revise the airworthiness 
limitations section of your existing helicopter maintenance manual 
or instructions for continued airworthiness and your existing 
approved maintenance or inspection program, as applicable.''
    (4) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2023-0160 is on or before the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2023-0160, or within 30 
days after the effective date of this AD, whichever occurs later.
    (5) This AD does not adopt the Remarks paragraph of EASA AD 
2023-0160.

(i) Provisions for Alternative Actions, Thresholds, and Intervals, 
Including Life Limits

    No alternative actions and associated thresholds and intervals, 
including life limits, are allowed for compliance with paragraph (g) 
of this AD unless they are approved as specified in the provisions 
of the ``Ref. Publications'' section of EASA AD 2023-0160.

(j) Special Flight Permit

    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. 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.

(l) 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: [email protected].

(m) 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 2023-0160, 
dated August 16, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0160, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet easa.europa.eu. You may find the EASA 
material on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information 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 December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-28037 Filed 12-20-23; 8:45 am]
BILLING CODE 4910-13-P