DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0235; Project Identifier MCAI-2022-01376-R;
Amendment 39-22747; AD 2024-10-02]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

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

DATES: This AD is effective July 22, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 22,
2024.

ADDRESSES:
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 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, 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 find the EASA
material on the EASA website 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-2024-0235.
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; 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:

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 on certain serial-
numbered 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 certain Leonardo S.p.a.
Model AW189 helicopters. The NPRM published in the Federal Register on
February 27, 2024 (89 FR 14420). The NPRM 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 NPRM proposed to require a one-time
inspection of the life-raft installations and, depending on the
results, accomplishing additional actions, as specified in EASA AD
2022-0214.
The FAA is issuing 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.

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 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.

Differences Between This 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 AD does 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 AD requires 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 AD refers 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 AD does 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) in
this AD.

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.
Inspecting the left- and right-hand side life-raft installations
will take approximately 4 work-hours for an estimated 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 will take approximately 1 work-hour and parts cost
approximately $1,665 for an estimated cost of $1,750 per side. If
required, replacing a pulley cover will take approximately 0.5 work-
hour and parts cost approximately $100 for an estimated cost of $143
per side. If required, correcting the cable installation will take
approximately 4 work-hours and cost approximately $340 per side. If
required, replacing a life raft assembly will take approximately 4
work-hours and parts cost approximately $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 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:

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: