[Federal Register Volume 90, Number 90 (Monday, May 12, 2025)]
[Rules and Regulations]
[Pages 20087-20089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08282]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0019; Project Identifier MCAI-2023-01218-R;
Amendment 39-23027; AD 2025-09-06]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.A. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Leonardo S.p.A. Model A119 and AW119 MKII helicopters. This AD was
prompted by a report of an electrical failure of the starter-generator,
due to a rupture of the drive shaft, which resulted in a partial loss
of battery power. This AD requires installing a battery discharge
detector and revising the existing Rotorcraft Flight Manual (RFM) for
the helicopter. 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 is effective June 16, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 16,
2025.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2025-0019; 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 mandatory continuing airworthiness
information (MCAI), 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 identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email: [email protected]; website: easa.europa.eu. You may find
this material on the EASA website at ad.easa.europa.eu.
You may view this material at the FAA, 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-2025-0019.
FOR FURTHER INFORMATION CONTACT: William McCully, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (404) 474-5548; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to Leonardo S.p.A. Model
A119 and AW119 MKII helicopters. The NPRM was published in the Federal
Register on February 6, 2025 (90 FR 9069). The NPRM was prompted by
EASA AD 2023-0210, dated November 27, 2023 (EASA AD 2023-0210) (also
referred to as ``the MCAI''), issued by EASA, which is the Technical
Agent for
[[Page 20088]]
the Member States of the European Union. The MCAI states an electrical
failure of a starter-generator occurred, which was caused by a rupture
of the drive shaft. The MCAI further states that this failure was not
detected by the generator control unit, which resulted in a partial
loss of battery power.
In the NPRM, the FAA proposed to require installing a battery
discharge detector and revising the existing RFM for the helicopter.
The owner/operator (pilot) holding at least a private pilot certificate
may perform the revision to the existing RFM for the helicopter and
must enter compliance with the applicable paragraphs of this AD into
the helicopter maintenance records in accordance with 14 CFR 43.9(a)
and 91.417(a)(2)(v). The pilot may perform this action because it only
involves revising the existing RFM by inserting pages, which is not
considered a maintenance action.
The FAA is issuing this AD to address the unsafe condition on these
products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2025-0019.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from two individual commenters. Both
commenters supported the NPRM without change.
Conclusion
These products have been approved by the civil aviation authority
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 referenced above. The FAA reviewed the relevant
data, considered any comments received, 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 products. This AD is
adopted as proposed in the NPRM.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2023-0210 requires installing a battery discharge detector
and amending the existing RFM for the helicopter by incorporating the
RFM revision identified within, as applicable by helicopter model and
serial number. The RFM revision includes revising the Emergency and
Malfunction Procedures by updating ``Failure of the generator and d.c.
bus'' information and adding ``Battery discharging'' information.
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.
Differences Between This AD and the MCAI
For Model AW119 MKII helicopters modified by STC SR03280NY, the
material referenced in EASA AD 2023-0210 specifies contacting the STC
holder for instructions, whereas this AD requires installing a battery
discharge detector in accordance with a method approved by the FAA.
The MCAI requires operators to ``inform all flight crew'' of the
revisions to the RFM, and thereafter to ``operate the helicopter
accordingly.'' However, this AD does not require those actions as those
actions are already required by FAA regulations. FAA regulations
require operators furnish to pilots any changes to the RFM (for
example, 14 CFR 135.21) and to ensure the pilots are familiar with the
RFM (for example, 14 CFR 91.505). As with any other flight crew
training requirement, training on the updated RFM content is tracked by
the operators and recorded in each pilot's training record, which is
available for the FAA to review. FAA regulations also require pilots to
follow the procedures in the existing RFM including all updates.
Therefore, including a requirement in this AD to inform the flight crew
and operate the helicopter according to the revised RFM would be
redundant and unnecessary.
Further, 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, the FAA recommends that flight crews of the helicopters
listed in the applicability operate in accordance with the revised
emergency procedures required by this AD.
Costs of Compliance
The FAA estimates that this AD affects 192 helicopters of U.S.
registry. Labor costs are estimated at $85 per hour. Based on these
numbers, the FAA estimates the following costs to comply with this AD.
For Model AW119 MKII helicopters modified by STC SR03280NY, the FAA
has no data to provide cost estimates for installing a battery
discharge detector. For all other helicopters, installing a battery
discharge detector takes up to 10 hours with a parts cost of $1,772 for
an estimated cost of $2,622 per helicopter and $503,424 for the U.S.
fleet. Revising the existing RFM for the helicopter takes 1 hour for an
estimated cost of $85 per helicopter and $16,320 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 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:
[[Page 20089]]
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:
2025-09-06 Leonardo S.p.A.: Amendment 39-23027; Docket No. FAA-2025-
0019; Project Identifier MCAI-2023-01218-R.
(a) Effective Date
This airworthiness directive (AD) is effective June 16, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.A. Model A119 and AW119 MKII
helicopters, certificated in any category.
(d) Subject
Joint Aircraft Service Component (JASC) Code 2432, Battery/
charger system.
(e) Unsafe Condition
This AD was prompted by a report of an electrical failure of the
starter-generator, due to a rupture of the drive shaft, which
resulted in a partial loss of battery power. The FAA is issuing this
AD to prevent loss of battery power. The unsafe condition, if not
addressed, could lead to complete loss of electrical power, and
subsequent loss control of the helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
(1) 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 2023-0210, dated November 27, 2023 (EASA AD 2023-0210).
(2) The owner/operator (pilot) holding at least a private pilot
certificate may revise the existing Rotorcraft Flight Manual for the
helicopter and must enter compliance with this requirement into the
helicopter maintenance records in accordance with 14 CFR 43.9(a) and
14 CFR 91.417(a)(2)(v). The record must be maintained as required by
14 CFR 91.417, 121.380, or 135.439.
(h) Exceptions to EASA AD 2023-0210
(1) Where EASA AD 2023-0210 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where the material referenced in EASA AD 2023-0210 specifies
contacting the STC holder for Model AW119 MKII helicopters modified
by STC SR03280NY, this AD requires installing a battery discharge
detector in accordance with a method approved by the Manager,
International Validation Branch, FAA.
(3) Where the material referenced in EASA AD 2023-0210 specifies
``by means of existing hardware,'' this AD requires ``airworthy
hardware.''
(4) Where the material referenced in EASA AD 2023-0210 specifies
to ``retain hardware,'' this AD requires replacing that text with,
``retain only airworthy hardware.''
(5) Where paragraph (2) of EASA AD 2023-0210 specifies to inform
all flight crews and, thereafter, operate the helicopter
accordingly, this AD does not require those actions.
(6) Where paragraph (3) of EASA AD 2023-0210 states ``which
includes the same content as,'' this AD requires replacing that text
with ``with information identical to that in the ``Battery
discharging (BATT DISCH)'' and ``Failure of the generator and d.c.
bus (DC GEN)'' procedures of the Emergency Procedures section of.''
(7) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0210.
(i) No Reporting Requirement
Although the material referenced in EASA AD 2023-0210 specifies
to submit certain information to the manufacturer, this AD does not
include that requirement.
(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) Additional Information
For more information about this AD, contact Dan McCully,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (404) 474-5548; email:
[email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0210,
dated November 27, 2023.
(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: [email protected]; 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 www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on May 7, 2025.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2025-08282 Filed 5-9-25; 8:45 am]
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