[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Proposed Rules]
[Pages 28714-28716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11198]


 ========================================================================
 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. 86, No. 102 / Friday, May 28, 2021 / Proposed 
Rules  

[[Page 28714]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0383; Project Identifier 2018-SW-005-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: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Leonardo S.p.a. Model AW189 helicopters. This proposed AD 
was prompted by corrosion on the inlet check valve banjo fitting of 
emergency flotation system (EFS) float assemblies. This proposed AD 
would require visually inspecting each banjo fitting installed on an 
affected EFS float assembly, and depending on the results, removing the 
banjo fitting from service. This proposed AD would also require 
applying corrosion inhibiting compound to each banjo fitting installed 
on an affected EFS float assembly and prohibit installing an affected 
EFS float assembly unless the banjo fitting inspection, banjo fitting 
replacement, and corrosion inhibiting compound application requirements 
have been accomplished as specified in a European Aviation Safety 
Agency (now European Union Aviation Safety Agency) (EASA) AD, which is 
proposed for incorporation by reference (IBR). 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 12, 
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 above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material that is proposed for IBR in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; internet www.easa.europa.eu. You 
may find this IBR material on the EASA website at https://ad.easa.europa.eu. For Aero Sekur and Leonardo Helicopters 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 the Aero Sekur, EASA, and Leonardo Helicopters material 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 the Aero Sekur, EASA, and Leonardo Helicopters material 
at the FAA, call (817) 222-5110. The EASA material is also available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0383.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0383; 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 EASA AD, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Aerospace Engineer, 
General Aviation & Rotorcraft Section, International Validation Branch, 
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. FAA-2021-0383; Project Identifier 
2018-SW-005-AD'' 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 
Kristi Bradley, Aerospace Engineer, General Aviation & Rotorcraft 
Section, International Validation Branch, FAA, 10101 Hillwood Pkwy., 
Fort Worth, TX 76177; telephone (817) 222-5110; email 
[email protected]. Any commentary that the FAA receives that is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

[[Page 28715]]

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued a series of ADs, the most recent being EASA 
AD 2018-0006, dated January 10, 2018 (EASA AD 2018-0006), to correct an 
unsafe condition for Leonardo S.p.A. Helicopters (formerly Finmeccanica 
S.p.A., AgustaWestland S.p.A.) Model AW189 helicopters with certain 
part-numbered and serial-numbered Aero Sekur EFS float assemblies 
installed, except those float assemblies marked with SB-189-25-004. 
EASA initially issued EASA AD 2017-0256, dated December 22, 2017 (EASA 
AD 2017-0256), to address the unsafe condition. EASA issued EASA AD 
2018-0006 to supersede EASA AD 2017-0256 to revise the compliance time 
based on the EFS float assembly condition.
    This proposed AD was prompted by corrosion on the inlet check valve 
banjo fitting of EFS float assemblies. The FAA is proposing this AD to 
prevent reduced inflation of an EFS float, which if not addressed, 
could affect the helicopter's buoyancy during an emergency landing on 
water. See EASA AD 2018-0006 for additional background information.

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

    EASA AD 2018-0006 requires visually inspecting the banjo fittings 
installed on an affected EFS float assembly. If there is corrosion on a 
banjo fitting, EASA AD 2018-0006 requires replacing the banjo fitting. 
EASA AD 2018-0006 also requires applying corrosion inhibiting compound 
to each banjo fitting installed on an affected EFS float assembly. EASA 
AD 2018-0006 prohibits installing an affected EFS float assembly unless 
the banjo fitting inspection, banjo fitting replacement, and corrosion 
inhibiting compound application requirements have been accomplished. 
EASA AD 2018-0006 also allows credit for actions accomplished 
previously with a prior revision of the Leonardo Helicopters service 
information.
    This material 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.

Other Related Service Information

    The FAA reviewed Leonardo Helicopters Alert Service Bulletin No. 
189-174, original issue, dated December 22, 2017 (ASB 189-174 original 
issue), and Revision A, dated January 5, 2018 (ASB 189-174 Rev A). The 
FAA also reviewed Aero Sekur Service Bulletin SB-189-25-004, original 
issue, dated November 22, 2017 (SB-189-25-004), which is attached as 
Annex A to ASB 189-174 original issue and ASB 189-174 Rev A.
    ASB 189-174 Rev A and ASB 189-174 original issue specify the same 
procedures, except the compliance time specified by ASB 189-174 Rev A 
has been revised by adding affected EFS float assemblies that have been 
inspected by procedures in the maintenance manual within the previous 
12 months. ASB 189-174 original issue and ASB 189-174 Rev A specify 
accomplishing the Visual Inspection and Corrosion Prevention, and 
Record Instruction procedures specified in SB-189-25-004. ASB 189-174 
original issue and ASB 189-174 Rev A also specify emailing 
photographical evidence of each corroded banjo fitting to Leonardo 
Helicopters PSE Division and returning replaced banjo fittings to 
Leonardo Helicopters Customer Support Division.
    SB-189-25-004 specifies procedures for cleaning and visually 
inspecting each banjo fitting for evidence of corrosion. If there is 
corrosion, SB-189-25-004 specifies procedures for discarding the banjo 
fitting and its O-rings, and installing a new banjo fitting. SB-189-25-
004 also specifies procedures for applying corrosion inhibiting 
compound (JC5A or Mastinox 6856) on all banjo fittings. When SB-189-25-
004 is accomplished, SB-189-25-004 specifies procedures for marking the 
identification label of the EFS float assembly.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2018-0006, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed AD and the EASA AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use certain civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, 
EASA AD 2018-0006 will be incorporated by reference in the FAA final 
rule. This proposed AD would, therefore, require compliance with EASA 
AD 2018-0006 in its entirety, through that incorporation, except for 
any differences identified as exceptions in the regulatory text of this 
proposed AD. Using common terms that are the same as the heading of a 
particular section in EASA AD 2018-0006 does not mean that operators 
need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2018-
0006. Service information specified in EASA AD 2018-0006 that is 
required for compliance with it will be available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0383 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2018-0006 requires returning and discarding certain parts, 
whereas this proposed AD would require removing those parts from 
service instead.

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.
    Inspecting the banjo fittings would take about 8.5 work-hours for 
an estimated cost of $723 per helicopter and $2,892 for the U.S. fleet. 
Applying corrosion inhibiting compound would take about 1.5 work-hours 
for an estimated cost of $128 per helicopter and $512 for the U.S. 
fleet. If required, replacing a banjo fitting would take a minimal 
additional amount of time after inspecting it and parts would cost 
about

[[Page 28716]]

$550 for an estimated cost of $550 per helicopter.

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 above, 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-2021-0383; Project Identifier 2018-
SW-005-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 12, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AW189 helicopters, 
certificated in any category, as identified in European Aviation 
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD 
2018-0006, dated January 10, 2018 (EASA AD 2018-0006).

(d) Subject

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

 (e) Unsafe Condition

    This AD was prompted by corrosion on the inlet check valve banjo 
fitting of emergency flotation system (EFS) float assemblies. The 
FAA is issuing this AD to prevent reduced inflation of an EFS float. 
The unsafe condition, if not addressed, could affect the 
helicopter's buoyancy during an emergency landing on water.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2018-0006.

(h) Exceptions to EASA AD 2018-0006

    (1) Where EASA AD 2018-0006 refers to December 29, 2017 (the 
effective date of EASA AD 2017-0256, dated December 22, 2017), this 
AD requires using the effective date of this AD.
    (2) Where the service information referenced in EASA AD 2018-
0006 specifies to return a certain part, this AD requires removing 
that part from service.
    (3) Where the service information referenced in EASA AD 2018-
0006 specifies to discard certain parts, this AD requires removing 
those parts from service.
    (4) The ``Remarks'' section of EASA AD 2018-0006 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2018-0006 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k)(2) 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.

(k) Related Information

    (1) For EASA AD 2018-0006, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu. You may view this 
material 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. This material may be found in the AD docket at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0383.
    (2) For more information about this AD, contact Kristi Bradley, 
Aerospace Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 10101 Hillwood Pkwy., Fort 
Worth, TX 76177; telephone (817) 222-5110; email 
[email protected].

    Issued on May 21, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-11198 Filed 5-27-21; 8:45 am]
BILLING CODE 4910-13-P