[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Proposed Rules]
[Pages 1706-1709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00057]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1174; Project Identifier MCAI-2021-00246-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 supersede Airworthiness Directive (AD) 
2020-23-07, which applies to certain Leonardo S.p.a. Model AB139 and 
AW139 helicopters. AD 2020-23-07 requires removing certain life raft 
reservoirs (reservoirs) from service, inspecting the reservoirs and 
actuator cables, and depending on the inspection results, replacing the 
reservoir or adjusting the actuator cable. Since the FAA issued AD 
2020-23-07, additional serial-numbered reservoirs were identified as 
also being affected by the unsafe condition. This proposed AD would 
retain certain requirements of AD 2020-23-07, expand the required 
actions to include additional serial-numbered reservoirs, and update 
applicable service information. 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 February 
28, 2022.

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 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://customerportal.leonardocompany.com/en-US/. 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-2021-1174; 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: Darren Gassetto, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; telephone (516) 228-7323; 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-2021-1174; Project Identifier 
MCAI-2021-00246-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 
Darren Gassetto, Aerospace Engineer, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7323; email

[[Page 1707]]

[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

    The FAA issued AD 2020-23-07, Amendment 39-21323 (85 FR 73610, 
November 19, 2020) (AD 2020-23-07), for Leonardo S.p.a. Model AB139 and 
AW139 helicopters with emergency flotation kit part number (P/N) 
4G9560F00111 (15 passengers) or 4G9560F00211 (18 passengers) installed. 
AD 2020-23-07 requires for helicopters with certain serial-numbered 
right-hand (RH) or left-hand (LH) reservoirs installed, within 25 hours 
time-in-service (TIS) removing each affected reservoir from service. 
For helicopters with certain serial-numbered RH or LH reservoirs 
installed, AD 2020-23-07 requires, within 25 TIS or before the 
reservoir accumulates 55 hours TIS since first installation on a 
helicopter, whichever occurs later, inspecting the valve pull rod of 
each reservoir and depending on the inspection results, replacing the 
reservoir before further flight. For helicopters with certain other 
serial-numbered RH or LH reservoirs installed, AD 2020-23-07 requires 
within 25 hours TIS, inspecting the actuator cable of each reservoir 
and depending on the inspection results, adjusting the actuator cable 
before further flight. Finally, AD 2020-23-07 prohibits installing 
certain serial-numbered reservoirs with certain part numbers on any 
helicopter and prohibits installing certain other serial-numbered 
reservoirs with certain part numbers on any helicopter unless the 
actuator cable of the reservoir has been inspected, and if required, 
the actuator cable adjusted.
    AD 2020-23-07 was prompted by EASA AD 2020-0185, dated August 19, 
2020 (EASA AD 2020-0185), issued by EASA, which is the Technical Agent 
for the Member States of the European Union, to correct an unsafe 
condition for Leonardo S.p.A. Helicopters, formerly Finmeccanica S.p.A, 
AgustaWestland S.p.A., Agusta S.p.A.; and AgustaWestland Philadelphia 
Corporation, formerly Agusta Aerospace Corporation, Model AB139 and 
AW139 helicopters, all serial numbers, if equipped with emergency 
flotation kit P/N 4G9560F00111 (15 passengers) or P/N 4G9560F00211 (18 
passengers). EASA advised of an inadvertent emergency life raft 
activation and deployment event that occurred on a Model AW139 
helicopter during flight. EASA advised that following the deployment, 
the life raft separated from the helicopter and was lost at sea. EASA 
stated that investigation is on-going into the cause of this event and 
that Model AB139 helicopters are subject to the same unsafe condition 
due to design similarity to the AW139 helicopters. This condition, if 
not addressed, could result in further unintended activation and 
deployment of the life raft in flight and separation with possible 
impact on the rotors, resulting in reduced control of the helicopter.
    Accordingly, EASA AD 2020-0185 required for some helicopters, 
replacement of affected reservoirs and, for other helicopters, 
inspections of the valve pull rod and the actuator cable of the life 
raft and, depending on findings, accomplishment of the applicable 
corrective actions. EASA AD 2020-0185 also prohibited re-installation 
of an affected reservoir on any helicopter.

Actions Since AD 2020-23-07 Was Issued

    Since the FAA issued AD 2020-23-07, EASA issued AD 2021-0054, dated 
February 25, 2021 (EASA AD 2021-0054), which supersedes EASA AD 2020-
0185. EASA advises that additional serial-numbered reservoirs are 
affected by the same unsafe condition. EASA also advises Leonardo 
Helicopters issued Alert Service Bulletin (ASB) No. 139-662, dated 
February 15, 2021 (ASB 139-662), which includes a Table listing the 
serial numbers of the additional batch of affected reservoirs and 
provides additional replacement and inspection instructions. 
Furthermore, EASA advises some of the affected reservoirs could become 
serviceable after an inspection and after these reservoirs are re-
identified and marked with an ``R.'' Accordingly, EASA AD 2021-0054 
retains the requirements of EASA AD 2020-0185, expands the batch of 
affected reservoirs to include the additional affected reservoirs, and 
includes the updated service information.
    After AD 2020-23-07 was issued, the FAA determined the total number 
of affected helicopters stated in the Cost of Compliance paragraph in 
AD 2020-23-07 was estimated as the total number of U.S. registered 
Leonardo S.p.a. Model AB139 and AW139 helicopters. However, the FAA 
revised the Cost of Compliance paragraph in this proposed AD to the 
total number of helicopters that the type certificate holder estimated 
as having an affected emergency flotation kit installed. The FAA has 
also updated the cost information for the parts cost estimates.

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 products of the same type designs.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Leonardo Helicopters ASB No. 139-648, dated August 
10, 2020 (referred to as ``ASB 139-648 First Issue'') and ASB No. 139-
648, Revision A, dated February 15, 2021 (ASB 139-648 Rev A). ASB 139-
648 First Issue specifies procedures to replace certain reservoirs and 
return them to the supplier, inspect the valve pull rod by measuring 
the actuator cable between the face of the pull rod and the back of the 
valve cap, inspect the actuator cable by verifying the presence of a 
clearance between the sphere at the end of the actuator cable and the 
activation system, and adjust the actuator cable. ASB 139-648 Rev A 
specifies the same procedures as ASB 139-648 First Issue, except ASB 
139-648 Rev A includes a Note clarifying that LH and RH reservoirs with 
S/Ns marked (or recorded on the component Log Card) with the suffix 
``R'' after the S/N are not affected by Part I of ASB 139-648 Rev A, 
even if they have an S/N listed in Table 1 of ASB 139-648 Rev A.
    The FAA also reviewed ASB 139-662, which specifies additional 
serial-numbered reservoirs that are affected by the same unsafe 
condition. ASB 139-662 also provides additional actuator cable 
inspection procedures for these affected reservoirs.
    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 retain all of the requirements of AD 2020-
23-07 and would expand the required actions to include the additional 
serial-numbered reservoirs identified in ASB 139-662. This proposed AD 
would also allow alternative service information to be used for 
specific portions of certain inspections and corrective action. This

[[Page 1708]]

proposed AD would add an exemption from certain required actions for 
reservoirs marked with an ``R'' after the S/N.

Differences Between This Proposed AD and EASA AD 2021-0054

    EASA AD 2021-0054 uses flight hours (FH) for certain compliance 
times, whereas this proposed AD would use hours TIS. EASA AD 2021-0054 
specifies the compliance time for certain serial-numbered reservoirs to 
be replaced is within 25 FH after August 26, 2020 (the effective date 
of EASA AD 2020-0185), whereas this proposed AD would require certain 
serial-numbered reservoirs to be removed from service within 25 hours 
TIS after December 4, 2020 (the effective date of AD 2020-23-07). EASA 
AD 2021-0054 specifies the compliance time for certain serial-numbered 
reservoirs to be replaced is within 25 FH after March 4, 2021 (the 
effective date of EASA AD 2021-0054), whereas this proposed AD would 
require certain serial-numbered reservoirs to be removed from service 
within 25 hours TIS after the effective date of this AD.
    EASA AD 2021-0054 specifies the compliance time to inspect the 
valve pull rod for certain helicopters is after replacement of the 
affected reservoir and within 5 FH after the serviceable reservoir 
exceeds 50 FH since installation, whereas this proposed AD would 
require the valve pull rod inspection for certain helicopters within 25 
hours TIS or before the reservoir accumulates 55 total hours TIS since 
first installation on a helicopter, whichever occurs later after 
December 4, 2020 (the effective date of AD 2020-23-07).
    EASA AD 2021-0054 specifies the compliance time to inspect the 
actuator cable for certain helicopters is before next flight after the 
replacement of the affected reservoir and for certain other helicopters 
within 25 FH after August 26, 2020 (the effective date of EASA AD 2020-
0185), whereas this proposed AD would require the actuator cable 
inspection for certain helicopters within 25 hours TIS after December 
4, 2020 (the effective date of AD 2020-23-07).
    EASA AD 2021-0054 requires returning removed reservoirs to the 
supplier, whereas this proposed AD would require removing certain 
reservoirs from service and replacing other reservoirs instead.

Costs of Compliance

    The FAA estimates that this AD affects 15 helicopters of U.S. 
Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates that operators may incur the following 
costs in order to comply with this AD.
    Replacing a reservoir would take about 1 work-hour and parts would 
cost up to $3,710 for an estimated cost of up to $3,795 per reservoir.
    Inspecting the valve pull rod of a reservoir would take about 1 
work-hour for an estimated cost of $85 per reservoir and up to $ 2,550 
for the U.S. fleet.
    Inspecting an actuator cable would take about 0.25 work-hours for 
an estimated cost of $21 per inspection and up to $630 for the U.S. 
fleet.
    If required, adjusting an actuator cable would take about 0.75 
work-hour for an estimated cost of $64 per cable.

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 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:
0
a. Removing Airworthiness Directive 2020-23-07, Amendment 39-21323 (85 
FR 73610, November 19, 2020); and
0
b. Adding the following new airworthiness directive:

Leonardo S.p.a.: Docket No. FAA-2021-1174; Project Identifier MCAI-
2021-00246-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) action by February 28, 2022.

(b) Affected ADs

    This AD replaces AD 2020-23-07, Amendment 39-21323 (85 FR 73610, 
November 19, 2020) (AD 2020-23-07).

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB139 and AW139 
helicopters, certificated in any category, with emergency flotation 
kit part number (P/N) 4G9560F00111 (15 passengers) or 4G9560F00211 
(18 passengers) installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2560, Emergency 
Equipment, and 2564, Life Raft.

(e) Unsafe Condition

    This AD was prompted by the inadvertent activation and 
deployment of an emergency life raft while the helicopter was in 
flight. The FAA is issuing this AD to prevent the unintended 
deployment of a life raft (raft). The unsafe condition, if not 
addressed, could result in the deployment of a raft during flight, 
separation of the raft with possible impact on the rotors, and 
subsequent reduced control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) For helicopters with a right-hand (RH) or left-hand (LH) 
life raft reservoir (reservoir) P/N 3G2560V01951 or P/N 3G2560V01251 
and with a serial number (S/N) listed in

[[Page 1709]]

Table 1 of Leonardo Helicopters Alert Service Bulletin (ASB) No. 
139-648, dated August 10, 2020 (referred to as ``ASB 139-648 First 
Issue''), within 25 hours time-in-service (TIS) after December 4, 
2020 (the effective date of AD 2020-23-07), remove each affected 
reservoir from service. Any reservoir with the letter ``R'' after 
the S/N is excluded from this requirement.
    (2) For helicopters with a RH or LH reservoir P/N 3G2560V01951 
or P/N 3G2560V01251 and with an S/N listed in Table 1 of Leonardo 
Helicopters ASB No. 139-662, dated February 15, 2021 (ASB 139-662) 
within 25 hours TIS after the effective date of this AD, remove each 
affected reservoir from service. Any reservoir with the letter ``R'' 
after the S/N is excluded from this requirement.
    (3) For helicopters with a RH or LH reservoir P/N 3G2560V01951 
or P/N 3G2560V01251 and with an S/N not listed in Table 1 of ASB 
139-648 First Issue or Table 1 of ASB 139-662 installed, within 25 
hours TIS or before the reservoir accumulates 55 total hours TIS 
since first installation on a helicopter, whichever occurs later 
after December 4, 2020 (the effective date of AD 2020-23-07), 
inspect the valve pull rod of each reservoir by following the 
Accomplishment Instructions, Part II, paragraphs 3. through 5.1, of 
ASB 139-648 First Issue. Any reservoir with the letter ``R'' after 
the S/N is included in this requirement. If the measurement of the 
actuator cable between the face of the pull rod and the back of the 
valve cap exceeds 68.5 mm, before further flight, replace the 
reservoir. As an alternative to using the specified portions of ASB 
139-648 First Issue, you may accomplish the valve pull rod 
inspection by following the Accomplishment Instructions, Part II, 
paragraphs 3. through 5.1, of Leonardo Helicopters ASB No. 139-648, 
Revision A, dated February 15, 2021 (ASB 139-648 Rev A).
    Note 1 to paragraph (g)(3): An actuator cable, which is 
referenced in paragraphs (g)(3) and (4) of this AD, is also known as 
an actuation cable.
    (4) For helicopters with a RH or LH reservoir P/N 3G2560V01951 
or P/N 3G2560V01251 and with an S/N not listed in Table 1 of ASB 
139-648 First Issue or Table 1 of ASB 139-662 installed, within 25 
hours TIS after December 4, 2020 (the effective date of AD 2020-23-
07), inspect the actuator cable of each reservoir by following the 
Accomplishment Instructions, Part III, paragraphs 3. through 5.1, of 
ASB 139-648 First Issue. Any reservoir with the letter ``R'' after 
the S/N in included in this requirement. If the clearance between 
the sphere at the end of the actuator cable and the activation 
system exceeds 5.0 +0.00/-2.0 mm, before further flight, adjust the 
actuator cable by following Annex A of ASB 139-648 First Issue. As 
an alternative to using the specified portions of ASB 139-648 First 
Issue, you may accomplish the actuator cable inspection and 
corrective action by following:
    (i) The Accomplishment Instructions, Part III, paragraphs 3. 
through 5.1, and Annex A, as applicable, of ASB 139-648 Rev A, or
    (ii) The Accomplishment Instructions, paragraphs 4 through 
4.3.1, and Annex A, as applicable, of ASB 139-662.
    (5) As of the effective date of this AD, do not install 
reservoir P/N 3G2560V01951 or P/N 3G2560V01251 with an S/N listed in 
Table 1 of ASB 139-648 First Issue, Table 1 of ASB 139-648 Rev A, or 
Table 1 of ASB 139-662 on any helicopter. Any reservoir with the 
letter ``R'' after the S/N is excluded from this requirement.
    (6) As of the effective date of this AD, do not install a 
reservoir P/N 3G2560V01951 or P/N 3G2560V01251 with an S/N other 
than an S/N listed in Table 1 of ASB 139-648 First Issue, Table 1 of 
ASB 139-648 Rev A, or Table 1 of ASB 139-662, on any helicopter 
unless you have complied with the requirements in paragraphs (g)(3) 
and (4) of this AD, as applicable to your 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 (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.

(i) Related Information

    (1) For more information about this AD, contact Darren Gassetto, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7323; 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://customerportal.leonardocompany.com/en-US/. 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 2021-0054, dated February 25, 2021. 
You may view the EASA AD on the internet at https://www.regulations.gov in Docket No. FAA-2021-1174.

    Issued on January 3, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-00057 Filed 1-11-22; 8:45 am]
BILLING CODE 4910-13-P