[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Proposed Rules]
[Pages 20336-20338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07802]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0302; Project Identifier MCAI-2020-01596-R]
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: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Leonardo S.p.a. Model AW189 helicopters. This proposed AD was 
prompted by the identification of misleading information in the 
emergency procedure for the ``1(2) FUEL LOW'' caution message. This 
proposed AD would require revising the existing Rotorcraft Flight 
Manual (RFM) for your helicopter. The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by June 3, 
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Leonardo 
S.p.A. Helicopters, 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 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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0302; 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 NPRM, the European 
Union Aviation Safety Agency (EASA) AD, any comments received, and 
other information. The street address for Docket Operations is listed 
above.

FOR FURTHER INFORMATION CONTACT: Mitch Soth, Flight Test Engineer, 
Southwest Section, Flight Test Branch, Compliance & Airworthiness 
Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 
(817) 222-5110; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No.

[[Page 20337]]

FAA-2021-0302; Project Identifier MCAI-2020-01596-R'' at the beginning 
of your comments. The most helpful comments reference a specific 
portion of the proposal, explain the reason for any recommended change, 
and include supporting data. The FAA will consider all comments 
received by the closing date and may amend this proposal because of 
those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Mitch 
Soth, Flight Test Engineer, Southwest Section, Flight Test Branch, 
Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort 
Worth, TX 76177; telephone (817) 222-5110; email [email protected]. 
Any commentary that the FAA receives which is not specifically 
designated as CBI will be placed in the public docket for this 
rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0136, dated June 11, 2019 (EASA 
AD 2019-0136), to correct an unsafe condition for Leonardo S.p.A. 
(formerly Finmeccanica Helicopter Division, AgustaWestland) Model AW189 
helicopters. EASA advises of the identification of misleading 
information in the AW189 RFM Emergency procedure associated with the 
``1(2) FUEL LOW'' caution message. In particular, the procedure at 
issue instructs the pilot to land as soon as practicable within 20 
minutes. However, this remaining flight time is guaranteed only if a 
constant torque value of 50% is maintained. The correct time limit 
depends on the fuel consumption at different engine power settings. 
Accordingly, EASA AD 2019-0136 requires amending section 3 of the AW189 
RFM, ``Emergency and malfunction procedures,'' informing all flight 
crews, and thereafter, operating the helicopter accordingly. This 
condition, if not addressed, could result in the wrong estimation of 
the remaining flight time in a low fuel condition, possibly resulting 
in an uncommanded engine in-flight shut-down and forced landing, with 
consequent damage to the helicopter or injury to occupants.
    EASA initially issued EASA AD 2019-0103, dated May 9, 2019 (EASA AD 
2019-0103), to address this unsafe condition. EASA issued EASA AD 2019-
0136 to supersede EASA AD 2019-0103 to require using the corrected 
amendment of the AW189 RFM.

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 about the 
unsafe condition described in its AD. The FAA is proposing this AD 
after evaluating all known relevant information and determining that 
the unsafe condition described previously is likely to exist or develop 
on other helicopters of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed AW189--RFM, Document No. 189G0290X002, Record of 
Temporary Revisions, TR No. 3-1, Revision A, dated May 24, 2019 (TR 3-1 
Rev A). TR 3-1 Rev A specifies remaining flight times (minutes) based 
on TQ value (%) if the XFEED is closed or if the XFEED is open with 
both fuel pumps ON. TR 3-1 Rev A also specifies that the remaining 
flight times (minutes) are further reduced if the XFEED is open, both 
fuel pumps are ON and one tank has emptied, and the 2 engines are 
supplied from the remaining tank.
    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 in This NPRM

    This proposed AD would require revising page 3-118 of Section 3, 
Emergency and Malfunction, of the existing RFM for your helicopter to 
add remaining flight times (minutes) based on TQ value (%) and 
conditions that further reduce the remaining flight times.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2019-0136 requires revising the existing RFM for your 
helicopter within 14 days, whereas this proposed AD would require that 
action within 14 hours time-in-service after the effective date of this 
AD instead. EASA AD 2019-0136 requires removing the RFM changes 
previously required by EASA AD 2019-0103, whereas this proposed AD 
would not.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 4 helicopters of U.S. Registry. Labor rates are estimated at $85 
per work-hour. Based on these numbers, the FAA estimates the following 
costs to comply with this proposed AD.
    Revising the existing RFM for your helicopter would take about 0.25 
work-hour for an estimated cost of $21 per helicopter and $84 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.
    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 products identified in this rulemaking action.

Regulatory Findings

    The FAA 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

[[Page 20338]]

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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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.

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:

Leonardo S.p.a.: Docket No. FAA-2021-0302; Project Identifier MCAI-
2020-01596-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 3, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AW189 helicopters, 
certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 7300, Engine fuel 
and control.

(e) Unsafe Condition

    This AD was prompted by the identification of misleading 
information in the emergency procedure for the ``1(2) FUEL LOW'' 
caution message. The FAA is issuing this AD to prevent the wrong 
estimation of the remaining flight time in a low fuel condition. The 
unsafe condition, if not addressed, could result in an uncommanded 
engine in-flight shut-down and forced landing, with subsequent 
damage to the helicopter or injury to the occupants.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Within 14 hours time-in-service after the effective date of this 
AD, revise page 3-118 of Section 3, Emergency and Malfunction 
Procedures, of the existing Rotorcraft Flight Manual for your 
helicopter by adding AW189--RFM, Document No. 189G0290X002, Record 
of Temporary Revisions, TR No. 3-1, Revision A, dated May 24, 2019 
(TR 3-1 Rev A). Using a different document with information 
identical to the information in page 3-118 of TR 3-1 Rev A is 
acceptable for compliance with the requirement of this paragraph. 
This action may be performed by the owner/operator (pilot) holding 
at least a private pilot certificate and must be entered into the 
aircraft records showing compliance with this AD in accordance with 
Sec.  43.9(a)(1) through (4) and Sec.  91.417(a)(2)(v). The record 
must be maintained as required by Sec.  91.417, Sec.  121.380, or 
Sec.  135.439.

(h) Special Flight Permits

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (j)(1) of 
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(j) Related Information

    (1) For more information about this AD, contact Mitch Soth, 
Flight Test Engineer, Southwest Section, Flight Test Branch, 
Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort 
Worth, TX 76177; telephone (817) 222-5110; email [email protected].
    (2) For service information identified in this AD, contact 
Leonardo S.p.A. Helicopters, 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 this referenced 
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.
    (3) The subject of this AD is addressed in European Union 
Aviation Safety Agency (EASA) AD 2019-0136, dated June 11, 2019. You 
may view the EASA AD on the internet at https://www.regulations.gov 
in Docket No. FAA-2021-0302.

    Issued on April 9, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.

[FR Doc. 2021-07802 Filed 4-16-21; 8:45 am]
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