[Federal Register Volume 89, Number 69 (Tuesday, April 9, 2024)]
[Rules and Regulations]
[Pages 24686-24689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07343]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2245; Project Identifier MCAI-2023-00973-R; 
Amendment 39-22698; AD 2024-05-07]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

[[Page 24687]]

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Leonardo S.p.a. Model AW189 helicopters. This AD was prompted by a 
determination that new or more restrictive airworthiness limitations 
are necessary. This AD requires 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 incorporated by reference. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 14, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 14, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-2245; 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 EASA AD, any comments received, 
and other information. The address for Docket Operations is U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
    Material Incorporated by Reference:
     For EASA material that is incorporated by reference in 
this final rule, 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. It is also available at 
regulations.gov under Docket No. FAA-2023-2245.
    Other Related Service Information: For Leonardo Helicopters service 
information identified in this final rule, 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:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued a series of ADs with the most recent being 
EASA AD 2023-0161, dated August 16, 2023 (EASA AD 2023-0161), to 
correct an unsafe condition on Leonardo S.p.A. Model AW189 helicopters.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Leonardo S.p.a. 
Model AW189 helicopters. The NPRM published in the Federal Register on 
December 21, 2023 (88 FR 88276). The NPRM was prompted by a 
determination that new or more restrictive airworthiness limitations 
are necessary. The NPRM proposed to require accomplishing the actions 
specified in EASA AD 2023-0161, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD and except as discussed under ``Differences Between this AD and 
the EASA AD.'' The FAA is issuing this AD to address the unsafe 
condition on these products.
    You may examine the EASA AD in the AD docket at regulations.gov 
under Docket No. FAA-2023-2245.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    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 reviewed the relevant 
data and determined that air safety requires adopting this AD as 
proposed. Accordingly, the FAA is issuing this AD to address the unsafe 
condition on these helicopters.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0161 requires replacing components before exceeding 
their life limits and accomplishing maintenance tasks within thresholds 
and intervals specified in the applicable ALS as defined in EASA AD 
2023-0161. Depending on the results of the maintenance tasks, EASA AD 
2023-0161 requires accomplishing corrective action(s) or contacting 
Leonardo [Leonardo S.p.a.] for approved instructions and accomplishing 
those instructions. EASA AD 2023-0161 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 2023-0161 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 ADDRESSES.

Other Related Service Information

    The FAA also reviewed Leonardo AW189 document 89-A-AMPI-00-P, Air 
Vehicle Maintenance Planning Information, Chapter 4, Airworthiness 
Limitations, Issue 25, dated July 5, 2023, for helicopters equipped 
with General Electric CT7-2E1 engines. This service information 
specifies procedures for airworthiness limitations, tasks, and 
associated thresholds and intervals for various parts; including a new 
or more restrictive airworthiness limitation for a certain component 
installed in the main rotor gearbox.

Differences Between This AD and the EASA AD

    EASA AD 2023-0161 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-
0161 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 AD 
requires revising existing documents and programs within 30 days to

[[Page 24688]]

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 this final rule, you still have up to 30 days after 
the effective date of this final rule to accomplish the corresponding 
task.
    Additionally, EASA AD 2023-0161 requires using 89-E-AMPI-00-P Air 
Vehicle Maintenance Planning Information, Chapter 04, ALS Issue 09, 
dated July 5, 2023, for revising the ALS. This service information is 
applicable for helicopters equipped with SAFRAN ANETO-1K engines. This 
AD will not allow this service information because that engine has not 
been FAA type-certificated for Model AW189 helicopters.

Costs of Compliance

    The FAA estimates that this AD affects 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 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, will take 2 
work-hours for an estimated cost of $170 per helicopter and $680 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

    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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 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:

2024-05-07 Leonardo S.p.a.: Amendment 39-22698; Docket No. FAA-2023-
2245; Project Identifier MCAI-2023-00973-R.

(a) Effective Date

    This airworthiness directive (AD) is effective May 14, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model AW189 helicopters, 
certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6320, Main rotor 
gearbox.

(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 
2023-0161, dated August 16, 2023 (EASA AD 2023-0161).

(h) Exceptions to EASA AD 2023-0161

    (1) Where EASA AD 2023-0161 defines ``the ALS'' as ``Leonardo 
AW189 document 89-A-AMPI-00-P (Air Vehicle Maintenance Planning 
Information), Chapter 04, Airworthiness Limitations Section (ALS) 
Issue 025, applicable for helicopters equipped with General Electric 
(GE) CT7-2E1 engines; or document 89-E-AMPI-00-P (Air Vehicle 
Maintenance Planning Information), Chapter 04, ALS Issue 09, 
applicable for helicopters equipped with SAFRAN ANETO-1K engines.;'' 
for this AD, replace that definition with ``Leonardo AW189 document 
89-A-AMPI-00-P, Air Vehicle Maintenance Planning Information, 
Chapter 4, Airworthiness Limitations, Issue 25, dated July 5, 2023 
(for helicopters equipped with General Electric CT7-2E1 engines).''
    (2) Where EASA AD 2023-0161 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) This AD does not adopt the requirements specified in 
paragraphs (1), (2), (4), and (5) of EASA AD 2023-0161.
    (4) Where paragraph (3) of EASA AD 2023-0161 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.''
    (5) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2023-0161 is on or before the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2023-0161, or within 30 
days after the effective date of this AD, whichever occurs later.
    (6) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0161.

(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 2023-0161.

(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

[[Page 24689]]

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 the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0161, 
dated August 16, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0161, 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 service information that is incorporated 
by reference 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 March 4, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-07343 Filed 4-8-24; 8:45 am]
BILLING CODE 4910-13-P