DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0057; Product Identifier 2017-SW-119-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: We propose to adopt a new airworthiness directive (AD)
for
certain Leonardo S.p.A. (Leonardo) Model AW169 helicopters. This
proposed AD would require replacing the seals, filler wedges, and
handles of each emergency exit window. This proposed AD is prompted by
a report that a high level of pushing force was required to jettison
some windows. The actions of this proposed AD are intended to address
an unsafe condition on these products.
DATES: We must receive comments on this proposed AD by November
13, 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-2018-
0057; 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 proposed AD, the European Aviation Safety Agency (EASA) AD, the
economic evaluation, any comments received, and other information. The
street address for Docket Operations (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: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110;
email matthew.fuller@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. 2017-0155, dated August 23,
2017, to correct an unsafe condition for Leonardo Model AW169
helicopters, serial numbers 69007, 69009, 69011 to 69019 inclusive,
69021 to 69024 inclusive, 69027, 69032, 69033, 69041, 69045, and 69051.
EASA advises that during scheduled replacement of emergency exit window
seals on in-service Model AW169 helicopters, an "excessively high"
level of pushing force was required to jettison some windows. Further
investigation determined that the affected windows were incorrectly
installed during manufacturing. The installation did not conform to the
approved drawings during the first installation in the production line.
According to EASA, due to the similarity in the manufacturing process,
incorrect window installation may have occurred on Model AW169
helicopters. EASA states that this condition, if not corrected, could
prevent the jettisoning of helicopter emergency exit windows, possibly
affecting the evacuation of occupants after an emergency landing.
EASA consequently requires replacement of the seal, the non-
metallic channel (filler wedges), and the handle of emergency exit
windows installed in the cockpit doors and cabin.
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 Under 1 CFR Part 51
We reviewed Leonardo Service Bulletin No. 169-032, Revision A,
dated September 8, 2017, which specifies replacing the seals, the non-
metallic channels, handles, and decals on the cockpit doors and cabin
emergency exit windows.
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
This proposed AD would require within 70 hours time-in-service
(TIS), replacing the seals and filler wedges on various cockpit and
passenger windows and replacing certain internal and external window
straps. This proposed AD also would require replacing decals on certain
internal and external passenger and cockpit windows.
Differences Between This Proposed AD and the EASA AD
The EASA AD requires that the corrective actions occur within 70
hours TIS or 6 months. This proposed AD would require that the
corrective actions occur within 70 hours TIS.
Costs of Compliance
We estimate that this proposed AD would affect 1 helicopter of U.S.
Registry and that labor costs average $85 a work-hour. Based on these
estimates, we expect that 24 work-hours would be needed to replace the
decal, seal, filler wedges, and handle of each emergency exit window
installed in cockpit doors and the cabin. Parts would cost $1,500 for
a
total cost of $3,540 for this helicopter.
According to Leonardo's service information some of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected individuals. We do not control warranty
coverage by Leonardo. Accordingly, we have included all costs in our
cost estimate.
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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