[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Rules and Regulations]
[Pages 51203-51205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13163]



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 Rules and Regulations
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  Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Rules 
and Regulations  

[[Page 51203]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0235; Project Identifier MCAI-2022-01376-R; 
Amendment 39-22747; AD 2024-10-02]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Leonardo S.p.a. Model AW189 helicopters. This AD was prompted 
by a report of an uncommanded deployment of the emergency life-raft 
system (ELS). This AD requires a one-time inspection of the life-raft 
installations and, depending on the results, accomplishing additional 
actions, 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 July 22, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 22, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-0235; 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, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; phone +49 221 8999 000; email 
[email protected]; website easa.europa.eu. You may find the EASA 
material on the EASA website ad.easa.europa.eu.
     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 
regulations.gov under Docket No. FAA-2024-0235.
    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; website 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 EASA AD 2022-0214, dated October 21, 2022 
(EASA AD 2022-0214), to correct an unsafe condition on certain serial-
numbered 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 certain Leonardo S.p.a. 
Model AW189 helicopters. The NPRM published in the Federal Register on 
February 27, 2024 (89 FR 14420). The NPRM was prompted by a report of 
an uncommanded deployment of the ELS. Subsequent investigation 
determined incorrect installation of its control cable could have 
caused the occurrence. The NPRM proposed to require a one-time 
inspection of the life-raft installations and, depending on the 
results, accomplishing additional actions, as specified in EASA AD 
2022-0214.
    The FAA is issuing this AD to address unintended activation and 
deployment of the ELS. The unsafe condition, if not addressed, could 
result in unintended activation and deployment of the ELS in flight 
with possible impact on the rotors, resulting in reduced control of the 
helicopter.

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 2022-0214 requires a one-time inspection of both the left- 
and right-side life-raft installations for certain serial-numbered 
helicopters and, depending on findings, replacing its control cable and 
checking the assembly, replacing a cable pulley cover, correcting the 
cable installation, and replacing the life-raft assembly, as 
applicable.
    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 Leonardo Helicopters Alert Service Bulletin 
No.189-315, dated October 20, 2022. This service information specifies 
procedures for inspecting the ELS.

Differences Between This AD and the EASA AD

    The service information referenced in EASA AD 2022-0214 specifies 
taking pictures, completing an inspection report, and sending removed 
parts to the

[[Page 51204]]

manufacturer, whereas this AD does not include those actions.
    The service information referenced in EASA AD 2022-0214 cautions 
that step 3.3 shall be performed by trained operators or by authorized 
service stations only, whereas this AD requires that step to be 
accomplished by persons authorized under 14 CFR 43.3.
    EASA AD 2022-0214 refers to the emergency life-raft assembly 
inspection as a ``check,'' whereas this AD refers to that action as an 
``inspection'' because that action must be accomplished by persons 
authorized under 14 CFR 43.3.
    EASA AD 2022-0214 allows installing inoperative placard(s) in clear 
view of both pilots to defer certain corrective action, provided all 
flight crews are informed and, thereafter, the helicopter is operated 
accordingly. FAA regulations mandate compliance with placards. However, 
this AD does not require informing flight crews or operating the 
helicopter accordingly because 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, flight crews of the helicopters identified 
in the applicability must operate in accordance with the placard(s) in 
this AD.

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.
    Inspecting the left- and right-hand side life-raft installations 
will take approximately 4 work-hours for an estimated cost of $340 per 
helicopter and $1,360 for the U.S. fleet.
    If required, replacing a control cable and inspecting the life-raft 
assembly will take approximately 1 work-hour and parts cost 
approximately $1,665 for an estimated cost of $1,750 per side. If 
required, replacing a pulley cover will take approximately 0.5 work-
hour and parts cost approximately $100 for an estimated cost of $143 
per side. If required, correcting the cable installation will take 
approximately 4 work-hours and cost approximately $340 per side. If 
required, replacing a life raft assembly will take approximately 4 
work-hours and parts cost approximately $125,700 for an estimated cost 
of $126,040 per side.
    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 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:

2024-10-02 Leonardo S.p.a.: Amendment 39-22747; Docket No. FAA-2024-
0235; Project Identifier MCAI-2022-01376-R.

(a) Effective Date

    This airworthiness directive (AD) is effective July 22, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AW189 helicopters, 
certificated in any category, as identified in European Union 
Aviation Safety Agency (EASA) AD 2022-0214, dated October 21, 2022 
(EASA AD 2022-0214).

(d) Subject

    Joint Aircraft Service Component (JASC) Code 2564, Life Raft.

(e) Unsafe Condition

    This AD was prompted by a report of an uncommanded deployment of 
the Emergency life-raft system (ELS), possibly due to an incorrect 
installation of its control cable. The FAA is issuing this AD to 
address unintended activation and deployment of the ELS. The unsafe 
condition, if not addressed, could result in unintended activation 
and deployment of the ELS in flight with possible impact on the 
rotors, resulting in reduced control 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 2022-0214.

(h) Exceptions to EASA AD 2022-0214

    (1) Where EASA AD 2022-0214 refers to ``flight hours,'' this AD 
requires replacing those words with ``hours time-in-service.''
    (2) Where EASA AD 2022-0214 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where the service information referenced in paragraph (1) of 
EASA AD 2022-0214 specifies taking pictures and completing the 
inspection report, this AD does not include those requirements.
    (4) Where the service information referenced in paragraph (1) of 
EASA AD 2022-0214 states, ``damage (e.g., wear or bird caging)'' or 
``damaged'' when referring to the control cable that comes out from 
the sheath; for this AD, replace that text with, ``damage, which may 
be indicated by wear, corrosion, a broken wire, a necked down 
section, a kink, bird-caging, a flattened area, abrasion, or 
gouging.''
    (5) Where the service information referenced in paragraph (1) of 
EASA AD

[[Page 51205]]

2022-0214 states, ``condition (no sign of damage, cracks or missing 
parts)'' or ``damaged'' when referring to the break-away pin; for 
this AD, replace that text with, ``damage, which may be indicated by 
wear, corrosion, nick, cracks, or distortion.''
    (6) Where the service information referenced in paragraph (1) of 
EASA AD 2022-0214 states, ``condition,'' ``damage/wear,'' and 
``damages'' when referring to the pulley cover; for this AD, replace 
that text with, ``damage, which may be indicated by abrasion, 
cracks, punctures, cuts, corrosion, or distortion.''
    (7) Where the service information referenced in paragraph (1) of 
EASA AD 2022-0214 specifies removing the pully cover in case it is 
not possible to properly inspect the whole cover; for this AD, 
removing the pulley cover to inspect the whole cover is required.
    (8) Where the service information referenced in paragraph (1) of 
EASA AD 2022-0214 cautions that step 3.3 shall be performed by 
trained operators or by authorized service stations only, this AD 
does not include those cautions. For this AD, step 3.3 must be 
accomplished by persons authorized under 14 CFR 43.3.
    (9) Where paragraph (2) of EASA AD 2022-0214 specifies 
``accomplish a check of the affected emergency life-raft assembly,'' 
this AD requires replacing that text with ``accomplish an emergency 
life-raft assembly inspection.''
    (10) Where paragraph (4) of EASA AD 2022-0214 specifies ``during 
the check of the emergency life-raft assembly as required by 
paragraph (2) of this AD,'' this AD requires replacing that text 
with ``during the life-raft assembly inspection as required by 
paragraph (2) of this AD.''
    (11) Where paragraph (5) of EASA AD 2022-0214 specifies ``before 
next flight after the check as required by paragraph (2) of this 
AD,'' this AD requires replacing that text with ``before next flight 
after the life-raft assembly inspection as required by paragraph (2) 
of this AD.''
    (12) Where paragraph (5) of EASA AD 2022-0214 specifies to 
inform all flight crews and, thereafter, operate the helicopter 
accordingly, this AD does not require those actions.
    (13) Where Table 1 of paragraph (5) of EASA AD 2022-0214 
specifies ``Within 120 days after accomplishment of the inspection 
as required by paragraph (1) of this AD'', this AD requires 
replacing that text with ``Before next flight over water.''
    (14) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0214.

(i) No Reporting or Return of Parts

    Although the service information referenced in EASA AD 2022-0214 
specifies to submit certain information and send removed parts to 
the manufacturer, this AD does not include those requirements.

(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: [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.

(k) 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].

(l) 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 2022-0214, 
dated October 21, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0214, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; phone +49 221 8999 000; email 
[email protected]; website easa.europa.eu. You may find the EASA 
material on the EASA website ad.easa.europa.eu.
    (4) 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.
    (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 8, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-13163 Filed 6-14-24; 8:45 am]
BILLING CODE 4910-13-P