Airworthiness Directives; Leonardo S.p.a. Helicopters

[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:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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:
    <bullet> 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.
    <bullet> 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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