DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0302; Project Identifier MCAI-2020-01596-R]
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 all Leonardo S.p.a. Model AW189 helicopters. This proposed AD was
prompted by the identification of misleading information in the
emergency procedure for the "1(2) FUEL LOW" caution message. This
proposed AD would require revising the existing Rotorcraft Flight
Manual (RFM) for your helicopter. 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 June
3,
2021.
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 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. For information on the availability of this
material at the FAA, call (817) 222-5110.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0302; 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 NPRM, the European
Union Aviation Safety Agency (EASA) AD, any comments received, and
other information. The street address for Docket Operations is listed
above.
FOR FURTHER INFORMATION CONTACT: Mitch Soth, Flight Test Engineer,
Southwest Section, Flight Test Branch, Compliance & Airworthiness
Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone
(817) 222-5110; email mitch.soth@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 ADDRESSES. Include "Docket No. FAA-2021-0302; Project Identifier
MCAI-2020-01596-R" at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the reason
for any recommended change, and include supporting data. The FAA will
consider all comments received by the closing date and may amend this
proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as "PROPIN." The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Mitch
Soth, Flight Test Engineer, Southwest Section, Flight Test Branch,
Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone (817) 222-5110; email mitch.soth@faa.gov.
Any commentary that the FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0136, dated June 11, 2019 (EASA
AD 2019-0136), to correct an unsafe condition for Leonardo S.p.A.
(formerly Finmeccanica Helicopter Division, AgustaWestland) Model AW189
helicopters. EASA advises of the identification of misleading
information in the AW189 RFM Emergency procedure associated with the
"1(2) FUEL LOW" caution message. In particular, the procedure at
issue instructs the pilot to land as soon as practicable within 20
minutes. However, this remaining flight time is guaranteed only if a
constant torque value of 50% is maintained. The correct time limit
depends on the fuel consumption at different engine power settings.
Accordingly, EASA AD 2019-0136 requires amending section 3 of the AW189
RFM, "Emergency and malfunction procedures," informing all flight
crews, and thereafter, operating the helicopter accordingly. This
condition, if not addressed, could result in the wrong estimation of
the remaining flight time in a low fuel condition, possibly resulting
in an uncommanded engine in-flight shut-down and forced landing, with
consequent damage to the helicopter or injury to occupants.
EASA initially issued EASA AD 2019-0103, dated May 9, 2019 (EASA AD
2019-0103), to address this unsafe condition. EASA issued EASA AD 2019-
0136 to supersede EASA AD 2019-0103 to require using the corrected
amendment of the AW189 RFM.
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
the unsafe condition described previously is likely to exist or develop
on other helicopters of the same type design.
Related Service Information Under 1 CFR Part 51
The FAA reviewed AW189-RFM, Document No. 189G0290X002, Record of
Temporary Revisions, TR No. 3-1, Revision A, dated May 24, 2019 (TR 3-1
Rev A). TR 3-1 Rev A specifies remaining flight times (minutes) based
on TQ value (%) if the XFEED is closed or if the XFEED is open with
both fuel pumps ON. TR 3-1 Rev A also specifies that the remaining
flight times (minutes) are further reduced if the XFEED is open, both
fuel pumps are ON and one tank has emptied, and the 2 engines are
supplied from the remaining tank.
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 in This NPRM
This proposed AD would require revising page 3-118 of Section 3,
Emergency and Malfunction, of the existing RFM for your helicopter to
add remaining flight times (minutes) based on TQ value (%) and
conditions that further reduce the remaining flight times.
Differences Between This Proposed AD and the EASA AD
EASA AD 2019-0136 requires revising the existing RFM for your
helicopter within 14 days, whereas this proposed AD would require that
action within 14 hours time-in-service after the effective date of this
AD instead. EASA AD 2019-0136 requires removing the RFM changes
previously required by EASA AD 2019-0103, whereas this proposed AD
would not.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 4 helicopters of U.S. Registry. Labor rates are estimated at $85
per work-hour. Based on these numbers, the FAA estimates the following
costs to comply with this proposed AD.
Revising the existing RFM for your helicopter would take about 0.25
work-hour for an estimated cost of $21 per helicopter and $84 for the
U.S. fleet.
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) Would not affect intrastate aviation in Alaska, and
(3) Would 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:
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