[Federal Register Volume 89, Number 99 (Tuesday, May 21, 2024)]
[Rules and Regulations]
[Pages 44547-44550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11138]



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 Rules and Regulations
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  Federal Register / Vol. 89, No. 99 / Tuesday, May 21, 2024 / Rules 
and Regulations  

[[Page 44547]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1295; Project Identifier MCAI-2023-01124-R; 
Amendment 39-22744; AD 2024-09-02]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Leonardo S.p.a. Model AW169 helicopters. This AD was prompted by 
manufacturing defects in certain forward and aft float assemblies. This 
AD requires replacing certain aft float assemblies or, as an 
alternative, deactivating the emergency flotation system (EFS). This AD 
also prohibits installing certain forward and aft float assemblies. 
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 becomes effective June 5, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 5, 
2024.
    The FAA must receive comments on this AD by July 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-2024-1295; 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, any comments received, and other 
information. The address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material, 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-2024-1295.
    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; phone (+39) 0331-225074; fax (+39) 0331-
229046; or at customerportal.leonardocompany.com/en-US/. For Dart 
Aerospace service information identified in this final rule, contact 
Dart Aerospace, LTD., 1270 Aberdeen St., Hawkesbury, ON, K6A 1K7, 
Canada; phone: 1-613-632-5200; Fax: 1-613-632-5246; or at dartaero.com. 
You may also view this service information at the FAA contact 
information under Material Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Kyri Zaroyiannis, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (847) 294-7836; email [email protected].

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 
ADDRESSES. Include ``Docket No. FAA-2024-1295; Project Identifier MCAI-
2023-01124-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 
regulations.gov, 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 Kyri 
Zaroyiannis, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; phone: (847) 294-7836; 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, has issued EASA Emergency AD

[[Page 44548]]

2023-0188-E, dated October 30, 2023 (EASA AD 2023-0188-E), to correct 
an unsafe condition for Leonardo S.p.A. Model AW169 helicopters.
    This AD was prompted by manufacturing defects in certain DART 
Aerospace forward float and aft float with life raft assemblies. 
According to Dart Aerospace, non-conforming girt bars were used in some 
forward and aft float assemblies, and the belt loops in some aft float 
assemblies were incorrectly positioned.
    The FAA is issuing this AD to address non-conforming float 
assemblies. The unsafe condition, if not addressed, could result in 
failure of a float assembly during an emergency landing on water and 
subsequently prevent a timely egress from the helicopter, which could 
result in injury to helicopter occupants. See EASA AD 2023-0188-E for 
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0188-E requires removing each affected float assembly 
and sending it to Leonardo and replacing it with a serviceable float 
assembly. As an alternative, EASA AD 2023-0188-E allows deactivating 
the EFS by locking the float auto breaker in EDCU [enhanced display 
control unit] 1 or 2; pulling, locking, and tagging the breaker from 
the overhead circuit breaker panel; and installing a decal in clear 
view of the pilot. EASA AD 2023-0188-E also prohibits installing an 
affected float assembly on a helicopter.
    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 reviewed Leonardo Helicopters Alert Service Bulletin No. 
169-257, dated October 30, 2023 (ASB 169-257). This service information 
specifies procedures for replacing affected forward float and aft float 
with life raft assemblies and deactivating the EFS.
    The FAA also reviewed Dart Aerospace Service Bulletin Document 
Number SB23-2, dated October 20, 2023, which is included as Annex A of 
ASB 169-257. This service information specifies procedures for Dart 
rework and reidentification.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
the European Union and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the European Union, 
EASA, its technical representative, has notified the FAA of the unsafe 
condition described in its emergency AD. The FAA is issuing this AD 
after evaluating all pertinent information and determining that the 
unsafe condition exists and is likely to exist or develop on other 
helicopters of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in EASA AD 
2023-0188-E, described previously, 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.''

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 2023-0188-E is incorporated by reference in this FAA final 
rule. This AD, therefore, requires compliance with EASA AD 2023-0188-E 
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 2023-0188-E 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 2023-0188-E. Service information 
referenced in EASA AD 2023-0188-E for compliance will be available at 
regulations.gov under Docket No. FAA-2024-1295 after this final rule is 
published.

Differences Between This AD and the EASA AD

    EASA AD 2023-0188-E requires replacing certain forward and certain 
aft float with life raft assemblies within 24 months or during the next 
accomplishment of maintenance task 95-24 or 95-25, whereas this AD does 
not. The FAA plans to publish a notice of proposed rulemaking to give 
the public an opportunity to comment on those long-term requirements.

Interim Action

    The FAA considers that this AD is an interim action. A longer 
compliance time to replace certain forward and certain aft float with 
life raft assemblies is allowable. Accordingly, the FAA plans to 
publish a separate notice of proposed rulemaking to address the unsafe 
condition on these float assemblies.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(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 foregoing notice and comment prior to adoption of this rule 
because manufacturing defects may lead to failure of affected float 
assemblies. Failure of a float assembly could cause the helicopter to 
roll to one side but remain buoyant or cause the helicopter to capsize 
underwater. Because of the high utilization rate of helicopters with 
these float assemblies installed, and because these helicopters conduct 
operations over water, the FAA determined that certain float assemblies 
must be replaced within 25 hours time-in-service, depending on the 
defect type. This compliance time is shorter than the time necessary 
for the public to comment and for publication of the final rule. 
Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(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 forego 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

[[Page 44549]]

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 15 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.
    Replacing an affected float assembly takes approximately 2 work-
hours and parts cost approximately $113,491 for an aft float with life 
raft assembly, for an estimated cost of up to $227,322 per helicopter 
(up to two aft float with life raft assemblies) and $3,409,830 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 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

    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, 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:

2024-09-02 Leonardo S.p.a.: Amendment 39-22744; Docket No. FAA-2024-
1295; Project Identifier MCAI-2023-01124-R.

(a) Effective Date

    This airworthiness directive (AD) is effective June 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 System Component (JASC) Codes: 2560, Emergency 
Equipment; and 2564, Life Raft.

(e) Unsafe Condition

    This AD was prompted by manufacturing defects in certain forward 
and aft float assemblies. The FAA is issuing this AD to address non-
conforming float assemblies. The unsafe condition, if not addressed, 
could result in failure of a float assembly during an emergency 
landing on water and subsequently prevent a timely egress from the 
helicopter, which could result in injury to helicopter occupants.

(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 (EASA) 
Emergency AD 2023-0188-E, dated October 30, 2023 (EASA AD 2023-0188-
E).

(h) Exceptions to EASA AD 2023-0188-E

    (1) Where EASA AD 2023-0188-E requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2023-0188-E refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) This AD does not require helicopters with a Group 2 affected 
part installed to comply with paragraph (1) of EASA AD 2023-0188-E.
    (4) Where the service information referenced in paragraph (1) of 
EASA AD 2023-0188-E specifies sending a removed float to Leonardo, 
this AD does not require that action.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0188-E.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-
0188-E specifies to submit certain information to the manufacturer, 
this AD does not require that action.

(j) Special Flight Permit

    A one-time special flight permit may be issued in accordance 
with 14 CFR 21.197 and 21.199 to fly the aircraft to a location 
where the actions required by this AD can be accomplished. This 
flight must be a non-revenue flight and limited to only essential 
flight crew.

(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 Kyri Zaroyiannis, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (847) 294-7836; 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) Emergency AD 
2023-0188-E, dated October 30, 2023.
    (ii) [Reserved]

[[Page 44550]]

    (3) For EASA Emergency AD 2023-0188-E, 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 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 www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on May 10, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-11138 Filed 5-16-24; 4:15 pm]
BILLING CODE 4910-13-P