DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0215; Product Identifier 2018-SW-088-AD; Amendment
39-21181; AD 2020-15-18]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Leonardo S.p.A. (Leonardo) Model AB139, AW139, AW169, and AW189
helicopters. This 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 AD requires removal of affected SMA inflation
systems and installation of serviceable SMA inflation systems. The FAA
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective September 3, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September 3,
2020.

ADDRESSES: For service information identified in this final rule,
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. For information on
the availability of this material at the FAA, call 817-222-5110. It is
also available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0215.

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 final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5485;
email Kristin.Bradley@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Leonardo Model
AB139, AW139, AW169, and AW189 helicopters. The NPRM published in the
Federal Register on April 14, 2020 (85 FR 20618). The NPRM was prompted
by reports of uncommanded deployment of
the EFS due to improper accomplishment of the reset procedure of the
SMA inflation system actuation device. The NPRM proposed to require
removal of affected SMA inflation systems and installation of
serviceable SMA inflation systems. The FAA is issuing this AD to
address uncommanded EFS deployment, which could result in reduced
control of the helicopter.
The European Aviation Safety Agency (now European Union Aviation
Safety Agency) (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. 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.

Comments

The FAA gave the public the opportunity to participate in
developing this final rule. After the NPRM was published, the FAA
received a comment from one commenter. However, the comment addressed
neither the proposed actions nor the determination of the cost to the
public. Therefore, the FAA has made no changes based on this comment.

Conclusion

The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA has determined that these
minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.

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.

Costs of Compliance

The FAA estimates that this AD affects 138 helicopters of U.S.
registry. The FAA estimates the following costs to comply with this AD:

Estimated Costs for Required Actions

* The FAA has received no definitive data that would enable the FAA to provide
parts cost estimates for the actions specified in this 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

This AD will not have federalism implications under Executive Order
13132. This AD will 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 that this AD:
(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.

Adoption of the Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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):