[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Proposed Rules]
[Pages 50849-50851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23200]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1010; Product Identifier 2016-SW-089-AD]
RIN 2120-AA64


Airworthiness Directives; Agusta 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 
Agusta S.p.A. (Agusta) Model AW189 helicopters. This proposed AD would 
require inspecting and altering the emergency flotation system (EFS). 
This proposed AD is prompted by a report of punctured EFS kits. The 
actions of this proposed AD are intended to prevent an unsafe condition 
on these helicopters.

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-
1010; 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 and 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. 2016-0263-E, dated December 24, 
2016 (AD 2016-0263-E), to correct an unsafe condition for Leonardo 
S.p.A. Helicopters (previously Agusta) Model AW189 helicopters. EASA 
advises that during the first scheduled maintenance of an EFS kit, 
float bags were found punctured. According to EASA, an investigation 
revealed the damage was caused by protruding parts of the pressure 
relief/topping valves that were not adequately protected. EASA further 
states that this condition could result in a partial loss of buoyancy 
of the EFS float bags, possibly resulting in injury to the helicopter's 
occupants in a ditching event. To prevent this unsafe condition, EASA 
AD 2016-0263-E requires a one-time inspection of the EFS, repair of any 
discrepancies found, replacing the pressure relief/topping valve O-ring 
with a gasket, and replacing the inflate/deflate protection with a new 
design inflate/deflate protection.
    The FAA is in the process of updating Agusta's name change to 
Leonardo Helicopters on its type certificate. Because this name change 
is not yet effective, this proposed AD specifies Agusta.

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 S.p.A. Bollettino Tecnico No. 189-135, dated 
December 20, 2016 (BT 189-135), and Aero Sekur Service Bulletin No. SB-
189-25-003, dated November 30, 2016 (SB-189-25-003), which is attached 
to BT 189-135 as Annex 1. BT 189-135 specifies following the procedures 
in SB-189-25-003 to inspect and modify certain EFS kits installed on 
AW189 helicopters.

Proposed AD Requirements

    This proposed AD would require, within 120 hours time-in-service 
(TIS), inspecting each float bag for punctures, replacing the pressure 
relief/topping (PRT) valve O-ring part number (P/N) P-G10025 with a PRT 
valve gasket P/N 316683A, and replacing the inflate/deflate protection 
P/N 304694A with inflate/deflate protection P/N 304694B.

[[Page 50850]]

If there are any cuts, tears, punctures, or abrasion on a float bag, 
the proposed AD would require repairing the float bag before further 
flight.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires compliance within 15 hours TIS or 10 days for 
helicopters flying overwater above sea state 4 or within 120 hours or 
60 days for helicopters operating overwater up to sea state 4. The 
proposed AD would require compliance within 120 hours TIS regardless of 
sea state conditions.

Costs of Compliance

    We estimate that this proposed AD would affect two helicopters of 
U.S. Registry. We estimate that operators may incur the following costs 
in order to comply with this AD. Inspecting each float bag, replacing 
the PRT valve gasket, and replacing the inflate/deflate protection 
would require about 40 work-hours, and required parts would cost about 
$500, for a cost per helicopter of $3,900 and a total cost of $7,800 
for the U.S. fleet. If required, repairing a float bag would require 
about 2 work-hours, and required parts would cost $90, for a cost per 
float bag of $260.

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):

Agusta S.p.A. Helicopters: Docket No. FAA-2017-1010; Product 
Identifier 2016-SW-089-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. (Agusta) Model AW189 
helicopters, certificated in any category, with an emergency float 
system (EFS) float assembly part number (P/N) 8G9560V00131, serial 
number (S/N) 066 or lower; P/N 8G9560V00231, S/N 068 or lower; P/N 
8G9560V00331, S/N 068 or lower; or P/N 8G9560V00431, S/N 067 or 
lower, installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as a punctured EFS float 
bag. This condition could result in loss of buoyancy of an EFS float 
bag being used in an emergency water ditching and subsequent injury 
to helicopter occupants.

(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

    (1) Within 120 hours time-in-service:
    (i) Unfold and inspect each float bag assembly for any cuts, 
tears, punctures, or abrasion. If there is a cut, tear, puncture, or 
any abrasion, before further flight, repair the float bag assembly.
    (ii) Replace each O-ring P/N S-B10104 with a pressure relief/
topping (PRT) valve gasket P/N 316683A.
    (iii) Install each PRT valve P/N P-G10025 and apply a torque of 
4.5 to 5.5 Nm (39.8 to 48.6 inch-pounds).
    (iv) Replace each inflate/deflate protection P/N 304694A with a 
PRT valve protection P/N 304694B.
    (iv) Install a piece of tape approximately 220 millimeters long 
over each PRT valve protection P/N 304694B.
    (2) After the effective date of this AD, do not install an EFS 
float assembly P/N 8G9560V00131, S/N 066 or lower; P/N 8G9560V00231, 
S/N 068 or lower; P/N 8G9560V00331, S/N 068 or lower; or P/N 
8G9560V00431, S/N 067 or lower on any helicopter unless you have 
complied with the actions in paragraph (e)(1) of this AD.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, FAA, may approve 
AMOCs for this AD. Send your proposal to: Martin R. Crane, Aviation 
Safety Engineer, Regulations and 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 S.p.A. Bollettino Tecnico No. 189-135, dated 
December 20, 2016, and Aero Sekur Service Bulletin No. SB-189-25-
003, dated November 30, 2016, which are not incorporated by 
reference, contain 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. 2016-0263-E, dated December 24, 2016. 
You may view the EASA AD on the Internet at http://www.regulations.gov in the AD Docket.

[[Page 50851]]

(h) Subject

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

    Issued in Fort Worth, Texas, on October 16, 2017.
James A. Grigg,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2017-23200 Filed 11-1-17; 8:45 am]
 BILLING CODE 4910-13-P