[Federal Register Volume 85, Number 72 (Tuesday, April 14, 2020)]
[Proposed Rules]
[Pages 20618-20621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07814]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0215; Product Identifier 2018-SW-088-AD]
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. (Leonardo) Model AB139, AW139, AW169, and 
AW189 helicopters. This proposed AD was prompted by reports of 
uncommanded deployment of the emergency flotation system (EFS) due to 
improper accomplishment of the reset procedure of the shape memory 
alloy (SMA) inflation system actuation device. This proposed AD would 
require removal of affected SMA inflation systems and installation of 
serviceable SMA inflation systems. 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 May 29, 
2020.

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 https://www.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.
    For service information identified in this NPRM, contact Leonardo 
S.p.A. Helicopters, 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 https://www.leonardocompany.com/en/home.

[[Page 20619]]

    You may view this service information at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, 
Fort Worth, TX 76177.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0215; 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 AD, the European Union Aviation Safety Agency (previously European 
Aviation Safety Agency) (EASA) AD, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Aerospace Engineer, 
Safety Management Section, Rotorcraft Standards Branch, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; email 
kristin.bradley@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 the ADDRESSES section. Include ``Docket No. FAA-2020-0215; 
Product Identifier 2018-SW-088-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM because of those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0208, dated September 20, 2018 
(referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for 
certain Leonardo Model AB139, AW139, AW169, and AW189 helicopters. EASA 
advises that reports were received of uncommanded EFS deployment on 
Model AW139, AW169, and AW189 helicopters. Results of the subsequent 
technical investigation revealed that these events may have been caused 
by the improper accomplishment of the reset procedure of the SMA 
inflation system actuation device. EASA added that these events may 
lead to an unstable condition of the SMA inflation system. This 
condition, if not addressed, could lead to further events of 
uncommanded EFS deployment, possibly resulting in reduced control of 
the helicopter.
    You may examine the MCAI in the AD docket on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0215.

Related Service Information Under 1 CFR Part 51

    Leonardo Helicopters has issued Alert Service Bulletin (ASB) No. 
139-533, dated August 30, 2018; ASB No. 169-099, dated August 30, 2018; 
and ASB No. 189-195, dated August 30, 2018. This service information 
describes procedures for removal of affected SMA inflation systems and 
installation of serviceable SMA inflation systems (including correcting 
the SMA inflation system by performing a reset procedure). These 
documents are distinct since they apply to different helicopter models.
    This service information 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

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
after evaluating all the relevant information and determining the 
unsafe condition described previously is likely to exist or develop on 
other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information described previously.

Costs of Compliance

    The FAA estimates that this proposed AD affects 138 helicopters of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
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Up to 7 work-hours x $85 per hour =    $ *....................  Up to $595 *...........  Up to $82,110 *
 Up to $595.
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* The FAA has received no definitive data that would enable the FAA to provide parts cost estimates for the
  actions specified in this proposed AD.

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

[[Page 20620]]

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) 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 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

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 (AD):

Leonardo S.p.A.: Docket No. FAA-2020-0215; Product Identifier 2018-
SW-088-AD.

(a) Comments Due Date

    The FAA must receive comments by May 29, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Leonardo S.p.A. helicopters identified in 
paragraphs (c)(1) through (3) of this AD, certificated in any 
category.
    (1) Model AB139 and AW139 helicopters, all serial numbers, 
equipped with an emergency flotation system (EFS) float assembly 
having part number (P/N) 3G9560V00332, 3G9560V00432, 3G9560V01432, 
or 3G9560V01532.
    (2) Model AW169 helicopters, all serial numbers, equipped with 
an EFS float assembly having any part number.
    (3) Model AW189 helicopters, all serial numbers, equipped with 
an EFS float assembly having P/N 8G9560V00331 or 8G9560V00431.

(d) Subject

    Joint Aircraft Service Component (JASC) Code 3212, Emergency 
Flotation Section.

(e) Reason

    This AD was prompted by reports of uncommanded deployment of the 
EFS due to improper accomplishment of the reset procedure of the 
shape memory alloy (SMA) inflation system actuation device. The FAA 
is issuing this AD to address uncommanded EFS deployment, which 
could result in reduced control of the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definitions

    (1) An ``affected part'' is an SMA inflation system having P/N 
3G9560V01052 (Model AB139 and AW139 helicopters), P/N 6F9560V00551 
(Model AW169 helicopters), or P/N 8G9560V01751 (Model AW189 
helicopters), as applicable, with a serial number specified in 
Figure 1 to paragraph (g)(1) of this AD except those which have been 
corrected in accordance with the Accomplishment Instructions of 
Leonardo Helicopters Alert Service Bulletin (ASB) No. 139-533, dated 
August 30, 2018 (ASB 139-533); Leonardo Helicopters ASB No. 169-099, 
dated August 30, 2018 (ASB 169-099); or Leonardo Helicopters ASB No. 
189-195, dated August 30, 2018 (ASB 189-195); as applicable. 
[GRAPHIC] [TIFF OMITTED] TP14AP20.002

    (2) A ``serviceable part'' is an affected part that has been 
corrected in accordance with the Accomplishment Instructions of ASB 
139-533; ASB 169-099; or ASB 189-195; as applicable; or a part that 
is not affected.

(h) Removal and Installation

    At the applicable compliance time specified in Figure 2 to 
paragraph (h) of this AD, remove each affected part from the 
helicopter and install a serviceable part. This may be done in 
accordance with the Accomplishment Instructions of ASB 139-533; ASB 
169-099; or ASB189-195; as applicable. 
[GRAPHIC] [TIFF OMITTED] TP14AP20.003


[[Page 20621]]



(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
affected part on any helicopter.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards 
Branch, FAA, may approve AMOCs for this AD. Send your proposal to: 
Kristi Bradley, Aerospace Engineer, Safety Management Section, 
Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, 
TX 76177; telephone 817-222-5110; email 9-ASW-FTW-AMOC-Requests@faa.gov.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, notify your 
principal inspector or lacking a principal inspector, the manager of 
the local flight standards district office or certificate holding 
district office, before operating any aircraft complying with this 
AD through an AMOC.

(k) Related Information

    (1) The subject of this AD is addressed in European Union 
Aviation Safety Agency (previously European Aviation Safety Agency) 
(EASA) AD 2018-0208, dated September 20, 2018. This EASA AD may be 
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0215.
    (2) For service information identified in this AD, contact 
Leonardo S.p.A. Helicopters, 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 https://www.leonardocompany.com/en/home. You may view this service 
information at the FAA, Office of the Regional Counsel, Southwest 
Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

    Issued on April 9, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-07814 Filed 4-13-20; 8:45 am]
 BILLING CODE 4910-13-P


