[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Rules and Regulations]
[Pages 60894-60895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21414]



[[Page 60894]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0413; Product Identifier 2017-SW-018-AD; Amendment 
39-21258; AD 2020-20-02]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
Leonardo S.p.a. (Leonardo) Model A109E, A109S, and AW109SP helicopters. 
This AD requires inspecting each fire extinguisher bottle for a crack. 
This AD was prompted by a report of a cracked fire extinguisher bottle. 
The actions of this AD are intended to address an unsafe condition on 
these products.

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

ADDRESSES: For service information identified in this final rule, 
contact Leonardo, 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 the referenced service information at the FAA, 
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., 
Room 6N-321, Fort Worth, TX 76177. It is also available on the internet 
at https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0413.

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-
0413; 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 (now European Union 
Aviation Safety Agency) (EASA) AD, any service information that is 
incorporated by reference, any comments received, and other 
information. The street 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: Eric Haight, Aviation Safety Engineer, 
Regulations and Policy Section, Rotorcraft Standards Branch, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; 
[email protected].

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 Leonardo Model A109E, 
A109S, and AW109SP helicopters with a fire extinguisher bottle part 
number (P/N) 27300-1 installed. The NPRM published in the Federal 
Register on April 23, 2020 (85 FR 22686). The NPRM proposed to require 
repetitively inspecting the weld beads of each fire extinguisher bottle 
P/N 27300-1 assembly for a crack. If there is a crack, the NPRM 
proposed to require replacing the fire extinguisher bottle before 
further flight. The NPRM also proposed to prohibit the installation of 
a fire extinguisher bottle P/N 27300-1 on any helicopter unless it has 
met the requirements of this AD. The proposed requirements were 
intended to detect a crack on a fire extinguisher bottle bypass outlet 
assembly, which could result in failure of the fire extinguishing 
system in the event of a fire in the engine area and subsequent loss of 
control of the helicopter.
    The NPRM was prompted by EASA AD No. 2016-0261R1, dated February 
13, 2020, issued by EASA, which is the Technical Agent for the Member 
States of the European Union, to correct an unsafe condition for 
Leonardo Model A109LUH, A109E, A109S, and AW109SP helicopters. EASA 
advises that a fractured bypass outlet assembly (assembly), which is a 
component of fire extinguishing bottle P/N 27300-1, was found during 
maintenance on a Model AW109SP helicopter. EASA states that this 
condition, if not detected and corrected, could affect the capability 
of the fire extinguishing system to extinguish a fire in the engine 
area, resulting in damage to the helicopter and injury to any 
occupants. To address this unsafe condition, the EASA AD requires 
repetitive inspections of the assembly, and if there is a crack, 
replacing the fire extinguisher bottle. Due to similarity of design, 
EASA advises other helicopter models may be subject to the same unsafe 
condition.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule, but the FAA did not receive any comments on 
the NPRM or on the determination of the cost to the public.

FAA's Determination

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA of the 
unsafe condition described in its AD. The FAA is issuing this AD after 
evaluating all of the information provided by EASA and determining the 
unsafe condition exists and is likely to exist or develop on other 
helicopters of the same type designs and that air safety and the public 
interest require adopting the AD requirements as proposed.

Interim Action

    The FAA considers this AD to be an interim action. If final action 
is later identified, the FAA might consider further rulemaking.

 Differences Between This AD and the EASA AD

    The EASA AD applies to Model A109LUH helicopters; this AD does not 
as that model helicopter is not type certificated in the U.S.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Leonardo Helicopters Bollettino Tecnico (BT) No. 
109EP-152 for Model A109E helicopters, BT No. 109S-073 for Model A109S 
helicopters, and BT No. 109SP-108 for Model AW109SP helicopters, all 
dated December 15, 2016. The FAA also reviewed Leonardo Helicopters 
Alert Service Bulletin No. 109S-073, Revision A, dated November 23, 
2018 for Model A109S helicopters. This service information contains 
procedures for inspecting the assembly for a crack and replacing the 
fire extinguishing bottle if there is a crack.
    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 107 helicopters of U.S. 
Registry. The FAA estimates that operators may incur the following 
costs in order to comply with this AD. Labor costs are estimated at $85 
per work-hour.
    Inspecting both assemblies requires about 2 work-hours, for an 
estimated

[[Page 60895]]

cost of $170 per helicopter and $18,190 for the U.S fleet, per 
inspection cycle.
    Replacing a fire extinguishing bottle requires about 3 work-hours 
and parts cost about $6,432, for an estimated cost of $6,687 per 
helicopter.
    According to Leonardo's service information, some of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected individuals. The FAA does not control warranty coverage by 
Leonardo. Accordingly, the FAA has included all costs in this 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.
    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 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) 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):

2020-20-02 Leonardo S.p.a.: Amendment 39-21258; Docket No. FAA-2020-
0413; Product Identifier 2017-SW-018-AD.

(a) Applicability

    This AD applies to Leonardo S.p.a. Model A109E, A109S, and 
AW109SP helicopters, certificated in any category, with a fire 
extinguisher bottle part number (P/N) 27300-1 installed.

    Note 1 to paragraph (a): Fire extinguisher bottle P/N 27300-1 
may be installed as part of fire extinguisher kit P/N 109-0811-39-
103, P/N 109-0811-39-107, or P/N 109-0811-39-109.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack on a fire 
extinguisher bottle bypass outlet assembly. This condition could 
result in failure of the fire extinguishing system in the event of a 
fire in the engine area and subsequent loss of control of the 
helicopter.

(c) Effective Date

    This AD becomes effective November 3, 2020.

(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 25 hours time-in-service (TIS) and thereafter at 
intervals not to exceed 200 hours TIS, using a mirror and a light, 
inspect the weld beads of each fire extinguisher bottle bypass 
outlet assembly for a crack in the areas depicted in Figure 2 of 
Leonardo Helicopters Bollettino Tecnico (BT) No. 109EP-152, BT No. 
109S-073, or BT No. 109SP-108, each dated December 15, 2016, or 
Alert Service Bulletin No. 109S-073 Revision A, dated November 23, 
2018, as applicable to your model helicopter. Pay particular 
attention to each circled area. If there is a crack, before further 
flight, replace the fire extinguisher bottle.
    (2) After the effective date of this AD, do not install a fire 
extinguisher bottle P/N 27300-1 on any helicopter unless it has been 
inspected as required by paragraph (e)(1) of this AD.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Standards Branch, FAA, may approve 
AMOCs for this AD. Send your proposal to Eric Haight, Aviation 
Safety Engineer, Regulations and Policy Section, Rotorcraft 
Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone 817-222-5110; [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, the FAA suggests 
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 (now European Union Aviation Safety Agency) (EASA) AD No. 
2016-0261R1, dated February 13, 2020. You may view the EASA AD on 
the internet at https://www.regulations.gov in Docket No. FAA-2020-
0413.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 2620, 
Extinguishing System.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 the AD specifies otherwise.
    (i) Leonardo Helicopters Alert Service Bulletin No. 109S-073, 
Revision A, dated November 23, 2018.
    (ii) Leonardo Helicopters Bollettino Tecnico (BT) No. 109EP-152, 
dated December 15, 2016.
    (iii) Leonardo Helicopters BT No. 109S-073, dated December 15, 
2016.
    (iv) Leonardo Helicopters BT No. 109SP-108, dated December 15, 
2016.
    (3) For service information identified in this AD, contact 
Leonardo, 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 [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 18, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-21414 Filed 9-28-20; 8:45 am]
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