DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2245; Project Identifier MCAI-2023-00973-R;
Amendment 39-22698; AD 2024-05-07]
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 AW189 helicopters. This AD was prompted by a
determination that new or more restrictive airworthiness limitations
are necessary. This AD requires revising the airworthiness limitations
section (ALS) of the existing helicopter maintenance manual or
instructions for continued airworthiness (ICA) for your helicopter and
the existing approved maintenance or inspection program for your
helicopter, as applicable, 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 May 14, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 14,
2024.

ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-2245; 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 that is incorporated by reference in
this final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; 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-2023-2245.
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; telephone (+39) 0331-225074; fax (+39)
0331-229046; or at 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:

Background

EASA, which is the Technical Agent for the Member States of the
European Union, has issued a series of ADs with the most recent being
EASA AD 2023-0161, dated August 16, 2023 (EASA AD 2023-0161), to
correct an unsafe condition on 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 all Leonardo S.p.a.
Model AW189 helicopters. The NPRM published in the Federal Register on
December 21, 2023 (88 FR 88276). The NPRM was prompted by a
determination that new or more restrictive airworthiness limitations
are necessary. The NPRM proposed to require accomplishing the actions
specified in EASA AD 2023-0161, 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.'' The FAA is issuing this AD to address the unsafe
condition on these products.
You may examine the EASA AD in the AD docket at regulations.gov
under Docket No. FAA-2023-2245.

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 2023-0161 requires replacing components before exceeding
their life limits and accomplishing maintenance tasks within thresholds
and intervals specified in the applicable ALS as defined in EASA AD
2023-0161. Depending on the results of the maintenance tasks, EASA AD
2023-0161 requires accomplishing corrective action(s) or contacting
Leonardo [Leonardo S.p.a.] for approved instructions and accomplishing
those instructions. EASA AD 2023-0161 also requires revising the
Aircraft Maintenance Programme (AMP) by incorporating the limitations,
tasks, and associated thresholds and intervals described in the
specified ALS as applicable to the helicopter model and configuration.
Revising the AMP constitutes terminating action for the requirement to
record accomplishment of the actions of replacing components before
exceeding their life limits and accomplishing maintenance tasks within
the thresholds and intervals specified in the applicable ALS as
required by EASA AD 2023-0161 for demonstration of AD compliance on a
continued basis.
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 ADDRESSES.

Other Related Service Information

The FAA also reviewed Leonardo AW189 document 89-A-AMPI-00-P, Air
Vehicle Maintenance Planning Information, Chapter 4, Airworthiness
Limitations, Issue 25, dated July 5, 2023, for helicopters equipped
with General Electric CT7-2E1 engines. This service information
specifies procedures for airworthiness limitations, tasks, and
associated thresholds and intervals for various parts; including a new
or more restrictive airworthiness limitation for a certain component
installed in the main rotor gearbox.

Differences Between This AD and the EASA AD

EASA AD 2023-0161 requires replacing certain components before
exceeding applicable life limits, accomplishing certain maintenance
tasks within thresholds and intervals as specified in the ALS, as
defined within, and depending on the results, accomplishing corrective
action within the compliance time specified in that ALS. EASA AD 2023-
0161 also requires revising the approved AMP to incorporate the
limitations, tasks, and associated thresholds and intervals described
in that ALS within 12 months after its effective date. Whereas, this AD
requires revising existing documents and programs within 30 days to
incorporate the limitations, tasks, and associated thresholds and
intervals described in that ALS, and clarifies that if an incorporated
limitation or threshold therein is reached before 30 days after the
effective date of this final rule, you still have up to 30 days after
the effective date of this final rule to accomplish the corresponding
task.
Additionally, EASA AD 2023-0161 requires using 89-E-AMPI-00-P Air
Vehicle Maintenance Planning Information, Chapter 04, ALS Issue 09,
dated July 5, 2023, for revising the ALS. This service information is
applicable for helicopters equipped with SAFRAN ANETO-1K engines. This
AD will not allow this service information because that engine has not
been FAA type-certificated for Model AW189 helicopters.

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.
Revising the ALS of the existing helicopter maintenance manual or
ICA for your helicopter and the existing approved maintenance or
inspection program for your helicopter, as applicable, will take 2
work-hours for an estimated cost of $170 per helicopter and $680 for
the U.S. fleet.

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

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: