[Federal Register Volume 85, Number 147 (Thursday, July 30, 2020)]
[Rules and Regulations]
[Pages 45773-45776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16408]


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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; Amendment 
39-21181; AD 2020-15-18]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Leonardo S.p.A. (Leonardo) Model AB139, AW139, AW169, and AW189 
helicopters. This 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 AD requires removal of affected SMA inflation 
systems and installation of serviceable SMA inflation systems. The FAA 
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective September 3, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 3, 
2020.

ADDRESSES: For service information identified in this final rule, 
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. For information on 
the availability of this material at the FAA, call 817-222-5110. It is 
also available on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0215.

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 final rule, 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.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Aviation Safety 
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5485; 
email Kristin.Bradley@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    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 Model 
AB139, AW139, AW169, and AW189 helicopters. The NPRM published in the 
Federal Register on April 14, 2020 (85 FR 20618). The NPRM was prompted 
by reports of uncommanded deployment of

[[Page 45774]]

the EFS due to improper accomplishment of the reset procedure of the 
SMA inflation system actuation device. The NPRM proposed to require 
removal of affected SMA inflation systems and installation of 
serviceable SMA inflation systems. The FAA is issuing this AD to 
address uncommanded EFS deployment, which could result in reduced 
control of the helicopter.
    The European Aviation Safety Agency (now European Union Aviation 
Safety Agency) (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. 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.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. After the NPRM was published, the FAA 
received a comment from one commenter. However, the comment addressed 
neither the proposed actions nor the determination of the cost to the 
public. Therefore, the FAA has made no changes based on this comment.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule as proposed, 
except for minor editorial changes. The FAA has determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

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.

Costs of Compliance

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

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                           Parts
               Labor cost                   cost         Cost per product            Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 7 work-hours x $85 per hour = Up          $*  Up to $595 *.............  Up to $82,110.*
 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 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

    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.

Adoption of 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 (AD):

2020-15-18 Leonardo S.p.A.: Amendment 39-21181; Docket No. FAA-2020-
0215; Product Identifier 2018-SW-088-AD.

(a) Effective Date

    This AD is effective September 3, 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.

[[Page 45775]]

(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-139-153); 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] TR30JY20.000

    (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 ASB 189-195; as applicable.
[GRAPHIC] [TIFF OMITTED] TR30JY20.001

BILLING CODE 4910-13-C

(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, 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 Aviation 
Safety Agency (now European Union 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 more information about this AD, contact Kristi Bradley, 
Aviation Safety Engineer, Safety Management Section, Rotorcraft 
Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone 817-222-5485; email Kristin.Bradley@faa.gov.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Leonardo Helicopters Alert Service Bulletin No. 139-533, 
dated August 30, 2018.
    (ii) Leonardo Helicopters Alert Service Bulletin No. 169-099, 
dated August 30, 2018.
    (iii) Leonardo Helicopters Alert Service Bulletin No. 189-195, 
dated August 30, 2018.
    (3) 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.
    (4) 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. For information on the availability of 
this material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email fedreg.legal@nara.gov, or go to: https://

[[Page 45776]]

www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 16, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-16408 Filed 7-29-20; 8:45 am]
BILLING CODE 4910-13-P


