[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Proposed Rules]
[Pages 50847-50849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23199]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0111; Product Identifier 2016-SW-079-AD]
RIN 2120-AA64


Airworthiness Directives; AgustaWestland S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain AgustaWestland S.p.A. (AgustaWestland) Model AW189 helicopters. 
This proposed AD would require replacing the seal and filler wedges of 
all emergency exit windows. The proposed actions are prompted by a 
report that some windows were improperly glued when installed. The 
actions of this proposed AD are intended to correct an unsafe condition 
on these products.

DATES: We must receive comments on this proposed AD by January 2, 2018.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0111; or in person at the Docket Operations Office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the European Aviation Safety Agency (EASA) 
AD, the economic evaluation, any comments received, and other 
information. The street address for the Docket Operations Office 
(telephone 800-647-5527) is in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.
    For service information identified in this proposed rule, contact 
Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness, 
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone 
+39-0331-711756; fax +39-0331-229046; or at http://www.leonardocompany.com/-/bulletins. You may review the referenced 
service information at the FAA, Office of the Regional Counsel, 
Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 
76177.

FOR FURTHER INFORMATION CONTACT: Martin R. Crane, Aviation Safety 
Engineer, Regulations & Policy Section, Rotorcraft Standards Branch, 
FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-
5110; email [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to participate in this rulemaking by submitting 
written comments, data, or views. We also invite comments relating to 
the economic, environmental, energy, or federalism impacts that might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should send only one copy of written comments, or if comments are filed 
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as 
a report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD No. 2016-0216, dated October 28, 
2016, to correct an unsafe condition for Leonardo Helicopters 
(previously Finmeccanica S.p.A., previously AgustaWestland) Model AW189 
helicopters, serial numbers 49007 through 49021, 49023, 49029, 49033, 
49035, 89001, 89003, 89004, 92001, 92003, and 92005. The EASA AD does 
not apply to windows that have been reinstalled at least once since 
helicopter delivery and windows that are part of bubble window kit part 
number (P/N) 8G5620F00111.
    EASA advises that during a scheduled replacement of emergency exit 
window seals on helicopters in service, an excessively high level of 
pushing force was required to jettison some of the windows. According 
to EASA, further investigation determined the windows were installed 
with glue applied in locations that were not in accordance with the 
approved design.
    This condition, if not corrected, could prevent the jettisoning of 
helicopter emergency exit windows, possibly affecting the evacuation of 
crew and passengers during an emergency situation, EASA advises. EASA 
consequently requires replacement of the seal and the filler wedges of 
the

[[Page 50848]]

emergency exit windows installed in the cockpit doors and cabin.
    The FAA is in the process of updating AgustaWestland's name change 
to Leonardo Helicopters on its type certificate. Because this name 
change is not yet effective, this proposed AD specifies AgustaWestland.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Italy and are approved for operation in the United States. Pursuant to 
our bilateral agreement with Italy, EASA, its technical representative, 
has notified us of the unsafe condition described in its AD. We are 
proposing this AD because we evaluated all known relevant information 
and determined that an unsafe condition is likely to exist or develop 
on other products of the same type design.

Related Service Information

    We reviewed Leonardo Helicopters Bollettino Tecnico No. 189-118, 
dated October 20, 2016. This service information specifies replacing 
the seal and filler wedges on all cockpit door and cabin emergency exit 
windows of Model AW189 helicopters, except on those windows that have 
been replaced or that are part of bubble window kit P/N 8G5620F00111.

Proposed AD Requirements

    This proposed AD would require within 75 hours time-in-service, 
replacing the seal and filler wedges on all emergency exit windows 
installed in the cockpit doors and cabin.

Costs of Compliance

    We estimate that this proposed AD would affect 2 helicopters of 
U.S. Registry and that labor costs average $85 per work-hour. Based on 
these estimates, we expect that removing and replacing the window seals 
and fillers would require 40 work-hours and parts would cost about 
$834, for a total cost of $4,234 per helicopter and $8,468 for the U.S. 
fleet.

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.
    We are 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

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. 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.
    We prepared an economic evaluation of the estimated costs to comply 
with this proposed AD and placed it in the AD docket.

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):

AgustaWestland S.p.A.: Docket No. FAA-2017-0111; Product Identifier 
2016-SW-079-AD.

(a) Applicability

    This AD applies to Model AW189 helicopters, serial number 49007 
through 49021, 49023, 49029, 49033, 49035, 89001, 89003, 89004, 
92001, 92003, and 92005, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as improperly glued 
emergency exit windows. This condition could result in the window 
failing to jettison, preventing the occupants from exiting the 
helicopter during an emergency.

(c) Comments Due Date

    We must receive comments by January 2, 2018.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    Within 75 hours time-in-service, replace the seal and filler 
wedges of each cabin and cockpit door emergency exit window, except 
bubble windows installed in accordance with bubble window kit part 
number 8G5620F00111.

(f) 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: 
Martin R. Crane, Aviation Safety Engineer, Regulations & Policy 
Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy, Fort 
Worth, TX 76177; telephone (817) 222-5110; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
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.

(g) Additional Information

    (1) Leonardo Helicopters Bollettino Tecnico No. 189-118, dated 
October 20, 2016, which is not incorporated by reference, contains 
additional information about the subject of this AD. For service 
information identified in this AD, contact Leonardo S.p.A. 
Helicopters, Matteo Ragazzi, Head of Airworthiness, Viale G.Agusta 
520, 21017 C.Costa di Samarate (Va) Italy; telephone +39-0331-
711756; fax +39-0331-229046; or at http://www.leonardocompany.com/-/bulletins. You may review the referenced service information at the 
FAA, Office of the Regional Counsel, Southwest Region, 10101 
Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2016-0216, dated October 28, 2016. You 
may view the EASA AD on the Internet at http://www.regulations.gov 
in AD Docket No. FAA-2017-0111.

[[Page 50849]]

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 5600, Window/
Windshield System.

    Issued in Fort Worth, Texas, on October 17, 2017.
James A. Grigg,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2017-23199 Filed 11-1-17; 8:45 am]
 BILLING CODE 4910-13-P