[Federal Register Volume 83, Number 40 (Wednesday, February 28, 2018)]
[Rules and Regulations]
[Pages 8605-8606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03930]



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 Rules and Regulations
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  Federal Register / Vol. 83, No. 40 / Wednesday, February 28, 2018 / 
Rules and Regulations  

[[Page 8605]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0111; Product Identifier 2016-SW-079-AD; Amendment 
39-19211; AD 2018-05-02]
RIN 2120-AA64


Airworthiness Directives; AgustaWestland S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

DATES: This AD is effective April 4, 2018.

ADDRESSES: For service information identified in this final 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.

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 Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this AD, the European Aviation Safety Agency (EASA) AD, any 
incorporated-by-reference service information, the economic evaluation, 
any comments received, and other information. The street address for 
Docket Operations (phone: 800-647-5527) 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: 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:

Discussion

    On November 2, 2017, at 82 FR 50847, the Federal Register published 
our notice of proposed rulemaking (NPRM), which proposed to amend 14 
CFR part 39 by adding an AD that would apply to AgustaWestland Model 
AW189 helicopters. The NPRM proposed to require replacing the seal and 
filler wedges of all emergency exit windows. The proposed requirements 
were intended to prevent the failure of the windows from jettisoning 
during an emergency.
    The NPRM was prompted by AD No. 2016-0216, dated October 28, 2016, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union, 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 some 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 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 AD specifies AgustaWestland.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we received no comments on the NPRM.

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 the EASA AD. We 
are issuing this AD because we evaluated all information provided by 
EASA and determined the unsafe condition exists and is likely to exist 
or develop on other helicopters of these same type designs and that air 
safety and the public interest require adopting the AD requirements as 
proposed.

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.

Costs of Compliance

    We estimate that this AD affects 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 
requires 40 work-hours and that parts 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

[[Page 8606]]

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 helicopters 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) Is not a ``significant rule'' under 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 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.

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):

2018-05-02 AgustaWestland S.p.A.: Amendment 39-19211; 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) Effective Date

    This AD becomes effective April 4, 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 a copy of the 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.

(h) Subject

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

    Issued in Fort Worth, Texas, on February 21, 2018.
Scott A. Horn,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2018-03930 Filed 2-27-18; 8:45 am]
 BILLING CODE 4910-13-P