[Federal Register Volume 91, Number 50 (Monday, March 16, 2026)]
[Rules and Regulations]
[Pages 12501-12503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-05098]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2026-2711; Project Identifier MCAI-2024-00232-R;
Amendment 39-23289; AD 2026-06-01]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Leonardo S.p.a. Model AB139 and AW139 helicopters with a
certain supplemental type certificate (STC) installed. This AD was
prompted by the absence of instructions on the information placards
located next to the rear-facing seats to lock the seat headrest in the
highest position during takeoff and landing. This AD requires revising
the existing rotorcraft flight manual supplement (RFMS) and replacing
the information placard with one that specifies instructions for
locking the seat headrest. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective March 31, 2026.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 31,
2026.
The FAA must receive comments on this AD by April 30, 2026.
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-2026-2711; 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
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For European Union Aviation Safety Agency (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.
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-2026-2711.
FOR FURTHER INFORMATION CONTACT: Frank Huynh, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (404)
983-5288; 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
[[Page 12502]]
using a method listed under ADDRESSES. Include ``Docket No. FAA-2026-
2711; Project Identifier MCAI-2024-00232-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 Frank
Huynh, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590. Any commentary that the FAA receives which 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 AD 2024-0088, dated April 15, 2024;
corrected May 14, 2024 (EASA AD 2024-0088) (also referred to as the
MCAI), to correct an unsafe condition on Leonardo S.p.A. Helicopters
Model AB139 and AW139 helicopters having serial numbers 31087, 31133,
31269, 31305, 31351, 31502, 31712, 31735, 31757, 31865, 31869, 41582
and 41583, if modified in accordance with EASA STC 10030095, original
issue and subsequent revisions, or EASA STC 10017198, original issue
and subsequent revisions. The MCAI states that the information placards
located next to the rear-facing seats on certain Model AB139 and AW139
helicopters do not specify instructions to lock the seat headrest in
the highest position during take-off and landing. This condition, if
not addressed, could result in injury to helicopter occupants during an
emergency landing.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2026-2711.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed EASA AD 2024-0088, which specifies procedures for
replacing certain information placards and updating RFMS 6AB1RFM-1-11
Revision P or RFMS 6AB1RFM-1-6 Revision A, as applicable, to RFMS
Temporary Revision TR-2024-001. 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.
FAA's Determination
These products have been approved by the civil aviation authority
(CAA) 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 is issuing
this AD after determining that the unsafe condition described
previously is likely to exist or develop on other products of the same
type design.
AD Requirements
This AD requires accomplishing the actions specified in EASA AD
2024-0088, described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD. See ``Differences Between this AD and the MCAI'' for a
discussion of the general differences included in this AD.''
Differences Between This AD and the MCAI
The MCAI applies to certain Model AB139 and AW139 helicopters
modified in accordance with EASA STC 10030095 and EASA STC 10017198,
whereas this AD applies to certain Model AB130 and AW139 helicopters
modified in accordance with FAA STC SR00049IB (EASA STC 10017198),
because EASA STC 10030095 does not have an FAA validation.
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 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 2024-0088 is incorporated
by reference in this AD. This AD requires compliance with EASA AD 2024-
0088 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 2024-0088 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 2024-0088. Material required by
EASA AD 2024-0088 for compliance will be available at regulations.gov
under Docket No. FAA-2026-2711 after this AD is published.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(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.
The FAA has found the risk to the flying public justifies waiving
notice and comment prior to adoption of this rule because no domestic
operators use this product. It is unlikely that the FAA will receive
any adverse comments or useful information about this AD from any U.S.
operator. Accordingly, notice and opportunity for prior public comment
are unnecessary, pursuant to 5 U.S.C. 553(b). In addition, for the
foregoing reason(s), 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.
[[Page 12503]]
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 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
There are no costs of compliance with this AD because there are no
helicopters with this type certificate on the U.S. Registry.
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, 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:
2026-06-01 Leonardo S.p.a.: Amendment 39-23289; Docket No. FAA-2026-
2711; Project Identifier MCAI-2024-00232-R.
(a) Effective Date
This airworthiness directive (AD) is effective March 31, 2026.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model AB139 and AW139
helicopters having serial number 31087, 31133, 31269, 31305, 31351,
31502, 31712, 31735, 31757, 31865, 31869, 41582 and 41583,
certificated in any category, modified in accordance with
Supplemental Type Certificate (STC) SR00049IB.
(d) Subject
Joint Aircraft System Component (JASC) Code 1100, Placards and
Markings.
(e) Unsafe Condition
This AD was prompted by the absence of instructions on the
information placards located next to the rear-facing seats to lock
the seat headrest in the highest position during take-off and
landing. The FAA is issuing this AD to prevent the incorrect
position of the seat headrest during take-off and landing. The
unsafe condition, if not corrected, could result in injury to
helicopter occupants during an emergency landing.
(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 2024-0088, dated April 15, 2024; corrected
May 14, 2024 (EASA AD 2024-0088).
(h) Exceptions to EASA AD 2024-0088
(1) Where EASA AD 2024-0088 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2024-0088 specifies compliance in terms of
flight hours, this AD requires using hours time-in-service.
(3) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0088.
(i) No Reporting Requirement
Although the material referenced in EASA AD 2024-0088 specifies
to submit certain information to the manufacturer, this AD does not
require that action.
(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 and email 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 Frank Huynh,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (404) 983-5288; 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 the AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2024-0088,
dated April 15, 2024; corrected May 14, 2024.
(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 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 March 10, 2026.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2026-05098 Filed 3-13-26; 8:45 am]
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