DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-1010; Product Identifier 2016-SW-089-AD]
RIN 2120-AA64
Airworthiness Directives; Agusta S.p.A. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD)
for
Agusta S.p.A. (Agusta) Model AW189 helicopters. This proposed AD would
require inspecting and altering the emergency flotation system (EFS).
This proposed AD is prompted by a report of punctured EFS kits. The
actions of this proposed AD are intended to prevent an unsafe condition
on these helicopters.
DATES: We must receive comments on this proposed AD by January
2, 2018.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the
online instructions for sending your comments electronically.
Fax: 202-493-2251.
Mail: Send comments to the U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
Hand Delivery: Deliver to the "Mail" address between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.
gov by searching for and locating Docket No. FAA-2017-1010;
or in person at the Docket Operations Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the European Aviation Safety Agency (EASA)
AD, the economic evaluation, any comments received, and other
information. The street address for the Docket Operations Office
(telephone 800-647-5527) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.
For service information identified in this proposed rule, contact
Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness,
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone
+39-0331-711756; fax +39-0331-229046; or at http://www.leonardocompany.
com/-/bulletins. You may review the referenced service information at
the
FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood
Pkwy, Room 6N-321, Fort Worth, TX 76177.
FOR FURTHER INFORMATION CONTACT: Martin R. Crane, Aviation Safety
Engineer, Regulations and Policy Section, Rotorcraft Standards Branch,
FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-
5110; email martin.r.crane@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.
Discussion
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD No. 2016-0263-E, dated December 24,
2016 (AD 2016-0263-E), to correct an unsafe condition for Leonardo
S.p.A. Helicopters (previously Agusta) Model AW189 helicopters. EASA
advises that during the first scheduled maintenance of an EFS kit,
float bags were found punctured. According to EASA, an investigation
revealed the damage was caused by protruding parts of the pressure
relief/topping valves that were not adequately protected. EASA further
states that this condition could result in a partial loss of buoyancy
of the EFS float bags, possibly resulting in injury to the helicopter's
occupants in a ditching event. To prevent this unsafe condition, EASA
AD 2016-0263-E requires a one-time inspection of the EFS, repair of any
discrepancies found, replacing the pressure relief/topping valve O-ring
with a gasket, and replacing the inflate/deflate protection with a new
design inflate/deflate protection.
The FAA is in the process of updating Agusta's name change to
Leonardo Helicopters on its type certificate. Because this name change
is not yet effective, this proposed AD specifies Agusta.
FAA's Determination
These helicopters have been approved by the aviation authority of
Italy and are approved for operation in the United States. Pursuant to
our bilateral agreement with Italy, EASA, its technical representative,
has notified us of the unsafe condition described in its AD. We are
proposing this AD because we evaluated all known relevant information
and determined that an unsafe condition is likely to exist or develop
on other products of the same type design.
Related Service Information
We reviewed Leonardo S.p.A. Bollettino Tecnico No. 189-135, dated
December 20, 2016 (BT 189-135), and Aero Sekur Service Bulletin No. SB-
189-25-003, dated November 30, 2016 (SB-189-25-003), which is attached
to BT 189-135 as Annex 1. BT 189-135 specifies following the procedures
in SB-189-25-003 to inspect and modify certain EFS kits installed on
AW189 helicopters.
Proposed AD Requirements
This proposed AD would require, within 120 hours time-in-service
(TIS), inspecting each float bag for punctures, replacing the pressure
relief/topping (PRT) valve O-ring part number (P/N) P-G10025 with a PRT
valve gasket P/N 316683A, and replacing the inflate/deflate protection
P/N 304694A with inflate/deflate protection P/N 304694B.
If there are any cuts, tears, punctures, or abrasion on a float bag,
the proposed AD would require repairing the float bag before further
flight.
Differences Between This Proposed AD and the EASA AD
The EASA AD requires compliance within 15 hours TIS or 10 days for
helicopters flying overwater above sea state 4 or within 120 hours or
60 days for helicopters operating overwater up to sea state 4. The
proposed AD would require compliance within 120 hours TIS regardless of
sea state conditions.
Costs of Compliance
We estimate that this proposed AD would affect two helicopters of
U.S. Registry. We estimate that operators may incur the following costs
in order to comply with this AD. Inspecting each float bag, replacing
the PRT valve gasket, and replacing the inflate/deflate protection
would require about 40 work-hours, and required parts would cost about
$500, for a cost per helicopter of $3,900 and a total cost of $7,800
for the U.S. fleet. If required, repairing a float bag would require
about 2 work-hours, and required parts would cost $90, for a cost per
float bag of $260.
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.
We are 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
We 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. Is not a "significant rule" under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
4. 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.
We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
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