DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0235; Project Identifier MCAI-2022-01376-R]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Leonardo S.p.a. Model AW189 helicopters. This proposed AD
was prompted by a report of an uncommanded deployment of the emergency
life-raft system (ELS). This proposed AD would require 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 proposed for
incorporation by reference. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 12,
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-2024-0235; 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 NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
Material Incorporated by Reference:
For EASA material that is identified in this NPRM, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone +49 221
8999 000; email ADs@easa.europa.eu; website 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. The EASA material is also
available at regulations.gov under Docket No. FAA-2024-0235.
Other Related Service Information: For Leonardo Helicopters service
information identified in this NPRM, 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: sungmo.d.cho@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2024-0235; Project Identifier
MCAI-2022-01376-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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 proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to
Sungmo Cho, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (781) 238-7241; email:
sungmo.d.cho@faa.gov. 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 AD 2022-0214, dated October 21, 2022
(EASA AD 2022-0214), to correct an unsafe condition for certain serial-
numbered Leonardo S.p.A. Model AW189 helicopters.
This proposed AD 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
FAA is proposing 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. You may examine EASA AD 2022-0214 in the AD docket at
regulations.gov under Docket No. FAA-2024-0235.

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.

FAA's Determination

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 is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other helicopters of the same type design.

Proposed AD Requirements in This NPRM

This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0214, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed 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, the
FAA proposes to incorporate EASA AD 2022-0214 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0214 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2022-0214 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 2022-
0214. Service information referenced in EASA AD 2022-0214 for
compliance will be available at regulations.gov under Docket No. FAA-
2024-0235 after the FAA final rule is published.

Differences Between This Proposed 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 manufacturer, whereas this proposed AD would 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 proposed AD would require 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 proposed AD would refer 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 proposed AD would 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)
proposed by this AD.

Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would
affect 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 proposed AD.
Inspecting the left- and right-hand side life-raft installations
would take about 4 work-hours for an estimated of 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 would take about 1 work-hour and parts would cost about $1,665
for an estimated cost of $1,750 per side. If required, replacing a
pulley cover would take about 0.5 work-hour and parts would cost about
$100 for an estimated cost of $143 per side. If required, correcting
the cable installation would take about 4 work-hour and would cost
about $340 per side. If required, replacing a life raft assembly would
take about 4 work-hours and parts would cost about $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
proposed 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

The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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 Proposed Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive: