[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Proposed Rules]
[Pages 46424-46426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19736]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / 
Proposed Rules  

[[Page 46424]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0057; Product Identifier 2017-SW-119-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: We propose to adopt a new airworthiness directive (AD) for 
certain Leonardo S.p.A. (Leonardo) Model AW169 helicopters. This 
proposed AD would require replacing the seals, filler wedges, and 
handles of each emergency exit window. This proposed AD is prompted by 
a report that a high level of pushing force was required to jettison 
some windows. The actions of this proposed AD are intended to address 
an unsafe condition on these products.

DATES: We must receive comments on this proposed AD by November 13, 
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-2018-
0057; 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 proposed AD, the European Aviation Safety Agency (EASA) AD, the 
economic evaluation, any comments received, and other information. The 
street address for Docket Operations (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: Matt Fuller, Senior Aviation Safety 
Engineer, Safety Management 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. 2017-0155, dated August 23, 
2017, to correct an unsafe condition for Leonardo Model AW169 
helicopters, serial numbers 69007, 69009, 69011 to 69019 inclusive, 
69021 to 69024 inclusive, 69027, 69032, 69033, 69041, 69045, and 69051. 
EASA advises that during scheduled replacement of emergency exit window 
seals on in-service Model AW169 helicopters, an ``excessively high'' 
level of pushing force was required to jettison some windows. Further 
investigation determined that the affected windows were incorrectly 
installed during manufacturing. The installation did not conform to the 
approved drawings during the first installation in the production line. 
According to EASA, due to the similarity in the manufacturing process, 
incorrect window installation may have occurred on Model AW169 
helicopters. EASA states that this condition, if not corrected, could 
prevent the jettisoning of helicopter emergency exit windows, possibly 
affecting the evacuation of occupants after an emergency landing.
    EASA consequently requires replacement of the seal, the non-
metallic channel (filler wedges), and the handle of emergency exit 
windows installed in the cockpit doors and cabin.

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 Under 1 CFR Part 51

    We reviewed Leonardo Service Bulletin No. 169-032, Revision A, 
dated September 8, 2017, which specifies

[[Page 46425]]

replacing the seals, the non-metallic channels, handles, and decals on 
the cockpit doors and cabin emergency exit windows.
    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.

Proposed AD Requirements

    This proposed AD would require within 70 hours time-in-service 
(TIS), replacing the seals and filler wedges on various cockpit and 
passenger windows and replacing certain internal and external window 
straps. This proposed AD also would require replacing decals on certain 
internal and external passenger and cockpit windows.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires that the corrective actions occur within 70 
hours TIS or 6 months. This proposed AD would require that the 
corrective actions occur within 70 hours TIS.

Costs of Compliance

    We estimate that this proposed AD would affect 1 helicopter of U.S. 
Registry and that labor costs average $85 a work-hour. Based on these 
estimates, we expect that 24 work-hours would be needed to replace the 
decal, seal, filler wedges, and handle of each emergency exit window 
installed in cockpit doors and the cabin. Parts would cost $1,500 for a 
total cost of $3,540 for this helicopter.
    According to Leonardo's service information some of the costs of 
this proposed AD may be covered under warranty, thereby reducing the 
cost impact on affected individuals. We do not control warranty 
coverage by Leonardo. Accordingly, we have included all costs in our 
cost estimate.

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):

Leonardo S.p.A.: Docket No. FAA-2018-0057; Product Identifier 2017-
SW-119-AD.

(a) Applicability

    This AD applies to Leonardo S.p.A. (Leonardo) Model AW169 
helicopters, serial numbers 69007, 69009, 69011 through 69019, 69021 
through 69024, 69027, 69032, 69033, 69041, 69045, and 69051, 
certificated in any category, where the emergency exit windows have 
never been removed and reinstalled.

 (b) Unsafe Condition

    This AD defines the unsafe condition as failure of an emergency 
window to jettison, which could prevent occupants from evacuating 
the helicopter during an emergency.

 (c) Comments Due Date

    We must receive comments by November 13, 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 70 hours time-in-service:
    (1) Replace the seals and filler wedges on the left hand (LH) 
and right hand (RH) cockpit door upper windows.

    Note 1 to paragraph (e) of this AD: Leonardo refers to filler 
wedges as ``non-metallic channels.''

    (2) Replace the seals and filler wedges on the forward LH and RH 
passenger door windows. For helicopters without passenger sliding 
window kit part number (P/N) 6F5630F00411, also replace the seals 
and filler wedges of the aft LH and RH passenger door windows.
    (3) For helicopters with a strap P/N A487A003A, replace each 
strap with emergency exit window handle P/N 8G9500L00151 on the 
internal side of the window and P/N 8G9500L00251 on the external 
side of the window.
    (4) Remove any decal P/N A180A005E21 from the internal side of 
the passenger and cockpit windows and replace with decal P/N 
A180A022E21, using as a reference Figure 1 and Figure 2 of Leonardo 
Service Bulletin No. 169-032, Revision A, dated September 8, 2017 
(SB No. 169-032).
    (5) Remove any decal P/N A487A003A from the external side of the 
passenger and cockpit windows and replace with decals P/N 
AW003DE005E33B, using as a reference Figure 3 of SB No. 169-032.

(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: 
Matt Fuller, Senior Aviation Safety Engineer, Safety Management 
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

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD No. 2017-0155, dated August 23, 2017. You

[[Page 46426]]

may view the EASA AD on the internet at http://www.regulations.gov 
in the AD Docket.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 5220, Emergency 
Exits

    Issued in Fort Worth, Texas, on July 11, 2018.
Scott A. Horn,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2018-19736 Filed 9-12-18; 8:45 am]
 BILLING CODE 4910-13-P