[Federal Register Volume 86, Number 99 (Tuesday, May 25, 2021)]
[Proposed Rules]
[Pages 28040-28042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10908]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0375; Project Identifier MCAI-2020-01245-R]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Leonardo S.p.a. Model AB139 and AW139 helicopters. This 
proposed AD was prompted by two events of uncommanded emergency 
flotation system (EFS) deployment during flight. This proposed AD would 
require replacing certain part-numbered EFS control panels and prohibit 
installing them. 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 July 9, 
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-2021-0375; 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 
Aviation Safety Agency (now 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: Ronnea Derby, Aerospace Engineer, 
Denver ACO Branch, Compliance & Airworthiness Division, FAA, 26805 E 
68th Ave., Mail Stop: Room 214; Denver, CO 80249; telephone (303) 342-
1093; 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. FAA-2021-0375; Project Identifier 
MCAI-2020-01245-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

[[Page 28041]]

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 
Ronnea Derby, Aerospace Engineer, Denver ACO Branch, Compliance & 
Airworthiness Division, FAA, 26805 E 68th Ave., Mail Stop: Room 214; 
Denver, CO 80249; telephone (303) 342-1093; 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 2015-0172, dated August 21, 2015 
(EASA AD 2015-0172), to correct an unsafe condition for AgustaWestland 
S.p.A (formerly Agusta S.p.A.), AgustaWestland Philadelphia Corporation 
(formerly Agusta Aerospace Corporation) (now Leonardo S.p.a.) Model 
AB139 and AW139 helicopters with an EFS installed. EASA advises of two 
events of uncommanded EFS deployment during flight. Subsequent 
investigation revealed that these conditions had been caused by 
improper design of the EFS control panel part numbers (P/Ns) 
3G9560V00556 (for use with night vision goggle) and 3G9560V00557 
(standard). This condition, if not addressed, could result in reduced 
control of the helicopter.
    Accordingly, EASA AD 2015-0172 requires replacing EFS control panel 
P/Ns 3G9560V00556 and 3G9560V00557 with EFS control panel P/Ns 
3G9560V00559 and 3G9560V00558, respectively. EASA AD 2015-0172 also 
prohibits installing EFS control panel P/Ns 3G9560V00556 and 
3G9560V00557 on any helicopter.

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 these same type designs.

Related Service Information

    The FAA reviewed AgustaWestland Bollettino Tecnico No. 139-374, 
dated July 6, 2015. This service information specifies procedures for 
replacing EFS control panel P/Ns 3G9560V00556 and 3G9560V00557 with EFS 
control panel P/Ns 3G9560V00559 and 3G9560V00558, respectively. This 
service information also notes that EFS control panel P/Ns 3G9560V00556 
and 3G9560V00557 can be upgraded by following Sirio Panel Service 
Bulletin 6WS-MI100135 Ed.01 and 6WS-MI100134 Ed.01.

Proposed AD Requirements in This NPRM

    This proposed AD would require replacing EFS control panel P/Ns 
3G9560V00556 and 3G9560V00557 with EFS control panel P/Ns 3G9560V00559 
and 3G9560V00558, respectively. This proposed AD would also prohibit 
installing EFS control panel P/Ns 3G9560V00556 and 3G9560V00557 on any 
helicopter.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2015-0172 applies to Model AB139 and AW139 helicopters with 
an EFS installed, whereas this proposed AD would apply to those model 
helicopters with EFS control panel P/N 3G9560V00556 (for use with night 
vision goggle) or 3G9560V00557 (standard) installed instead. EASA AD 
2015-0172 specifies replacing an affected EFS control panel within a 
compliance time of flight hours or months, whichever occurs first, 
based on helicopter configuration, whereas this proposed AD would 
require that replacement within a shorter compliance time in hours 
time-in-service but the same number of months, based on helicopter 
configuration instead.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect up to 133 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.
    Replacing an EFS control panel would take about 1 work-hour and 
parts would cost about $12,342 for an estimated cost of $12,427 per 
helicopter and up to $1,652,791 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 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

[[Page 28042]]

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-2021-0375; Project Identifier MCAI-
2020-01245-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 9, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB139 and AW139 
helicopters, certificated in any category, with an emergency 
flotation system (EFS) control panel part number (P/N) 3G9560V00556 
(for use with night vision goggle) or 3G9560V00557 (standard) 
installed.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by two events of uncommanded EFS deployment 
during flight. The FAA is issuing this AD to address improper design 
of certain EFS control panels. The unsafe condition, if not 
addressed, could result in reduced control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) At the following compliance time, replace EFS control panel 
P/N 3G9560V00556 or 3G9560V00557 with EFS control panel P/N 
3G9560V00559 or 3G9560V00558, respectively:
    (i) For helicopters with EFS P/N 3G9560F00111 or 3G9560F00113, 
with Aerosekur floats with ``pyrotechnical'' inflation system P/N 
3G9560V01051 installed, within 94 hours time-in-service (TIS) or 3 
months after the effective date of this AD, whichever occurs first.
    (ii) For helicopters with EFS P/N 3G9560F00111 or 3G9560F00113, 
with Aerosekur floats with ``SMA'' inflation system P/N 3G9560V01052 
installed, within 377 hours TIS or 12 months after the effective 
date of this AD, whichever occurs first.
    (iii) For helicopters with EFS P/N 3G9560F00212 with Aerosekur 
floats with ``fuse disk'' inflation system P/N 3G9560V02051 
installed, within 565 hours TIS or 18 months after the effective 
date of this AD, whichever occurs first.
    (2) As of the effective date of this AD, do not install EFS 
control panel P/N 3G9560V00556 or 3G9560V00557 on any helicopter.

(h) 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 (i)(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.

(i) Related Information

    (1) For more information about this AD, contact Ronnea Derby, 
Aerospace Engineer, Denver ACO Branch, Compliance & Airworthiness 
Division, FAA, 26805 E 68th Ave., Mail Stop: Room 214; Denver, CO 
80249; telephone (303) 342-1093; 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 Aviation 
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD 
2015-0172, dated August 21, 2015. You may view the EASA AD at 
https://www.regulations.gov in Docket No. FAA-2021-0375.

    Issued on May 18, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-10908 Filed 5-24-21; 8:45 am]
BILLING CODE 4910-13-P