DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0413; Product Identifier 2017-SW-018-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 Leonardo S.p.a. (Leonardo) Model A109E, A109S, and AW109SP
helicopters. This proposed AD would require inspecting each fire
extinguisher bottle for a crack. This proposed AD was prompted by a
report of a cracked fire extinguisher bottle. The actions of this
proposed AD are intended to address an unsafe condition on these
helicopters.
DATES: The FAA must receive comments on this proposed AD by June
22,
2020.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Docket: Go to https://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 https://www.regulations.
gov by searching for and locating Docket No. FAA-2020-0413;
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 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 service information identified in this proposed rule, contact
Leonardo, 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
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: Eric Haight, Aviation Safety Engineer,
Regulations and Policy Section, Rotorcraft Standards Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; email
eric.haight@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views. The FAA also invites 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.
The FAA will file in the docket all comments received, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal,
the FAA will consider all comments received on or before the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this proposal in light of the
comments received.
Discussion
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD No. 2016-0261R1, dated February 13,
2020, to correct an unsafe condition for Leonardo Model A109LUH, A109E,
A109S, and AW109SP helicopters. EASA advises that a fractured bypass
outlet assembly (assembly), which is a component of fire extinguishing
bottle part number (P/N) 27300-1, was found during maintenance on a
Model AW109SP helicopter. EASA states that this condition, if not
detected and corrected, could affect the capability of the fire
extinguishing system to extinguish a fire in the engine area, resulting
in damage to the helicopter and injury to any occupants. To address
this unsafe condition, the EASA AD requires repetitive inspections of
the assembly, and if there is a crack, replacing the fire extinguisher
bottle. Due to similarity of design, EASA advises other helicopter
models may be subject to the same unsafe condition.
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 an
unsafe condition is likely to exist or develop on other helicopters of
the same type designs.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Leonardo Helicopters Bollettino Tecnico (BT) No.
109EP-152 for Model A109E helicopters, BT No. 109SP-108 for Model
AW109SP helicopters, and BT No. 109S-073 for Model A109S helicopters,
all dated December 15, 2016. The FAA also reviewed Leonardo Helicopters
Alert Service Bulletin No. 109S-073, Revision A, dated November 23,
2019, for Model A109S helicopters. This service information contains
procedures for inspecting the assembly for a crack and replacing the
fire extinguishing bottle if there is a crack.
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 25 hours time-in-service
(TIS) and thereafter at intervals not exceeding 200 hours TIS,
inspecting the weld beads of each fire extinguisher bottle P/N 27300-1
assembly for a crack. If there is a crack, the proposed AD would
require replacing the fire extinguisher bottle before further flight.
This proposed AD would also prohibit the installation of a fire
extinguisher bottle P/N 27300-1 on any helicopter unless it has met the
requirements of this AD.
Differences Between This Proposed AD and the EASA AD
The EASA AD applies to Model A109LUH helicopters; this proposed AD
does not as that model helicopter is not type certificated in the U.S.
Interim Action
The FAA considers this proposed AD to be an interim action. If
final action is later identified, the FAA might consider further
rulemaking.
Costs of Compliance
The FAA estimates that this proposed AD would affect 107
helicopters of U.S. Registry. The FAA estimates that operators may
incur the following costs in order to comply with this proposed AD.
Labor costs are estimated at $85 per work-hour.
Inspecting both assemblies would require about 2 work-hours, for a
estimated cost of $170 per helicopter and $18,190 for the U.S fleet,
per inspection cycle.
Replacing a fire extinguishing bottle would require about 3 work-
hours and parts would cost about $6,432, for an estimated cost of
$6,687 per 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. The FAA does not control warranty
coverage by Leonardo. Accordingly, the FAA has included all costs in
this 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.
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. 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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