DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1295; Project Identifier MCAI-2023-01124-R;
Amendment 39-22744; AD 2024-09-02]
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 all
Leonardo S.p.a. Model AW169 helicopters. This AD was prompted by
manufacturing defects in certain forward and aft float assemblies. This
AD requires replacing certain aft float assemblies or, as an
alternative, deactivating the emergency flotation system (EFS). This AD
also prohibits installing certain forward and aft float assemblies.
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 becomes effective June 5, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 5,
2024.
The FAA must receive comments on this AD by July 5, 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-2024-1295; 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, any comments received, and other
information. The address for Docket Operations is listed above.
Material Incorporated by Reference:
For EASA material, 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-2024-1295.
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; or at customerportal.leonardocompany.com/en-US/. For Dart
Aerospace service information identified in this final rule, contact
Dart Aerospace, LTD., 1270 Aberdeen St., Hawkesbury, ON, K6A 1K7,
Canada; phone: 1-613-632-5200; Fax: 1-613-632-5246; or at dartaero.com.
You may also view this service information at the FAA contact
information under Material Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Kyri Zaroyiannis, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (847) 294-7836; email kyri.zaroyiannis@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2024-1295; Project Identifier MCAI-
2023-01124-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 Kyri
Zaroyiannis, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (847) 294-7836; email
kyri.zaroyiannis@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 Emergency AD
2023-0188-E, dated October 30, 2023 (EASA AD 2023-0188-E), to correct
an unsafe condition for Leonardo S.p.A. Model AW169 helicopters.
This AD was prompted by manufacturing defects in certain DART
Aerospace forward float and aft float with life raft assemblies.
According to Dart Aerospace, non-conforming girt bars were used in some
forward and aft float assemblies, and the belt loops in some aft float
assemblies were incorrectly positioned.
The FAA is issuing this AD to address non-conforming float
assemblies. The unsafe condition, if not addressed, could result in
failure of a float assembly during an emergency landing on water and
subsequently prevent a timely egress from the helicopter, which could
result in injury to helicopter occupants. See EASA AD 2023-0188-E for
additional background information.

Related Service Information Under 1 CFR Part 51

EASA AD 2023-0188-E requires removing each affected float assembly
and sending it to Leonardo and replacing it with a serviceable float
assembly. As an alternative, EASA AD 2023-0188-E allows deactivating
the EFS by locking the float auto breaker in EDCU [enhanced display
control unit] 1 or 2; pulling, locking, and tagging the breaker from
the overhead circuit breaker panel; and installing a decal in clear
view of the pilot. EASA AD 2023-0188-E also prohibits installing an
affected float assembly on a helicopter.
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 reviewed Leonardo Helicopters Alert Service Bulletin No.
169-257, dated October 30, 2023 (ASB 169-257). This service information
specifies procedures for replacing affected forward float and aft float
with life raft assemblies and deactivating the EFS.
The FAA also reviewed Dart Aerospace Service Bulletin Document
Number SB23-2, dated October 20, 2023, which is included as Annex A of
ASB 169-257. This service information specifies procedures for Dart
rework and reidentification.

FAA's Determination

These helicopters have been approved by the aviation authority of
the European Union and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the European Union,
EASA, its technical representative, has notified the FAA of the unsafe
condition described in its emergency AD. The FAA is issuing this AD
after evaluating all pertinent information and determining that the
unsafe condition exists and is likely to exist or develop on other
helicopters of the same type design.

AD Requirements

This AD requires accomplishing the actions specified in EASA AD
2023-0188-E, described previously, 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.''

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,
EASA AD 2023-0188-E is incorporated by reference in this FAA final
rule. This AD, therefore, requires compliance with EASA AD 2023-0188-E
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 2023-0188-E 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 2023-0188-E. Service information
referenced in EASA AD 2023-0188-E for compliance will be available at
regulations.gov under Docket No. FAA-2024-1295 after this final rule is
published.

Differences Between This AD and the EASA AD

EASA AD 2023-0188-E requires replacing certain forward and certain
aft float with life raft assemblies within 24 months or during the next
accomplishment of maintenance task 95-24 or 95-25, whereas this AD does
not. The FAA plans to publish a notice of proposed rulemaking to give
the public an opportunity to comment on those long-term requirements.

Interim Action

The FAA considers that this AD is an interim action. A longer
compliance time to replace certain forward and certain aft float with
life raft assemblies is allowable. Accordingly, the FAA plans to
publish a separate notice of proposed rulemaking to address the unsafe
condition on these float assemblies.

Justification for Immediate Adoption and Determination of the Effective
Date

Section 553(b)(3)(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.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because manufacturing defects may lead to failure of affected float
assemblies. Failure of a float assembly could cause the helicopter to
roll to one side but remain buoyant or cause the helicopter to capsize
underwater. Because of the high utilization rate of helicopters with
these float assemblies installed, and because these helicopters conduct
operations over water, the FAA determined that certain float assemblies
must be replaced within 25 hours time-in-service, depending on the
defect type. This compliance time is shorter than the time necessary
for the public to comment and for publication of the final rule.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
In addition, 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,
for the same reasons the FAA found good cause to forego notice and
comment.

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

The FAA estimates that this AD affects up to 15 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.
Replacing an affected float assembly takes approximately 2 work-
hours and parts cost approximately $113,491 for an aft float with life
raft assembly, for an estimated cost of up to $227,322 per helicopter
(up to two aft float with life raft assemblies) and $3,409,830 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, 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

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: