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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0215; Product Identifier 2018-SW-088-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. (Leonardo) Model AB139, AW139, AW169, and
AW189 helicopters. This proposed AD was prompted by reports of
uncommanded deployment of the emergency flotation system (EFS) due to
improper accomplishment of the reset procedure of the shape memory
alloy (SMA) inflation system actuation device. This proposed AD would
require removal of affected SMA inflation systems and installation of
serviceable SMA inflation systems. 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 May
29,
2020.
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://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.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.
gov by searching for and locating Docket No. FAA-2020-0215;
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 AD, the European Union Aviation Safety Agency (previously European
Aviation Safety Agency) (EASA) AD, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Aerospace Engineer,
Safety Management Section, Rotorcraft Standards Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; email
kristin.bradley@faa.gov.
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 the ADDRESSES section. Include "Docket No. FAA-2020-0215;
Product Identifier 2018-SW-088-AD" at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
The FAA will post all comments received, without change, to https://www.
regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.
Discussion
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0208, dated September 20, 2018
(referred to after this as the Mandatory Continuing Airworthiness
Information, or "the MCAI"), to correct an unsafe condition for
certain Leonardo Model AB139, AW139, AW169, and AW189 helicopters. EASA
advises that reports were received of uncommanded EFS deployment on
Model AW139, AW169, and AW189 helicopters. Results of the subsequent
technical investigation revealed that these events may have been caused
by the improper accomplishment of the reset procedure of the SMA
inflation system actuation device. EASA added that these events may
lead to an unstable condition of the SMA inflation system. This
condition, if not addressed, could lead to further events of
uncommanded EFS deployment, possibly resulting in reduced control of
the helicopter.
You may examine the MCAI in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0215.
Related Service Information Under 1 CFR Part 51
Leonardo Helicopters has issued Alert Service Bulletin (ASB) No.
139-533, dated August 30, 2018; ASB No. 169-099, dated August 30, 2018;
and ASB No. 189-195, dated August 30, 2018. This service information
describes procedures for removal of affected SMA inflation systems and
installation of serviceable SMA inflation systems (including correcting
the SMA inflation system by performing a reset procedure). These
documents are distinct since they apply to different helicopter models.
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.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
after evaluating all the relevant information and determining the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would require accomplishing the actions specified
in the service information described previously.
Costs of Compliance
The FAA estimates that this proposed AD affects 138 helicopters of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
|
Labor cost
|
Parts cost
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Cost per
product
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Cost on
U.S. operators
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| Up to 7 work-hours x $85 per
hour = Up to $595 |
$ *
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Up to $595
*
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Up to $82,110
*
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* The FAA has received no definitive
data that would enable the FAA to
provide parts cost estimates for the actions specified in this proposed
AD.
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) Will not affect intrastate aviation in Alaska, and
(3) 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.
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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