DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0302; Project Identifier MCAI-2020-01596-R;
Amendment 39-21618; AD 2021-13-13]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Leonardo S.p.a. Model AW189 helicopters. This AD was prompted by the
identification of misleading information in the emergency procedure for
the ``1(2) FUEL LOW'' caution message. This AD requires revising the
existing Rotorcraft Flight Manual (RFM) for your helicopter. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective August 24, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of August 24,
2021.

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://customerportal.leonardocompany.com/en-US/. You may view the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177. It is also available at https://www.regulations.gov by searching
for and locating Docket No. FAA-2021-0302.

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 final rule, the
European Union Aviation Safety Agency (EASA) AD, any comments received,
and other information. The street 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: 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:

Background

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to Leonardo S.p.a. Model
AW189 helicopters. The NPRM published in the Federal Register on April
19, 2021 (86 FR 20336). In the NPRM, the FAA proposed to require
revising page 3-118 of Section 3, Emergency and Malfunction Procedures,
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. The NPRM was prompted by EASA AD 2019-0136,
dated June 11, 2019 (EASA AD 2019-0136), issued by EASA, which is the
Technical Agent for the Member States of the European Union, 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.

Discussion of Final Airworthiness Directive

Comments

The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

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 reviewed the relevant
data and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these helicopters. Since the FAA issued the NPRM, the
website address for Leonardo S.p.a. has changed. This AD updates that
contact information to obtain service documentation. Additionally, the
FAA made edits to clarify that AW189--RFM, Document No. 189G0290X002,
Record of Temporary Revisions, TR No. 3-1, Revision A, dated May 24,
2019 (TR 3-1 Rev A) is included in Annex A of Leonardo Helicopters
Document No. 189G0257A061, ``AW189--MAF for EASA RFM Issue 2 TR 3-1,
Low Fuel Caution Procedure,'' Issue B, dated May 22, 2019. This AD is
otherwise adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

The FAA reviewed TR 3-1 Rev A, which 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.

Differences Between This AD and the EASA AD

EASA AD 2019-0136 requires revising the existing RFM for your
helicopter within 14 days, whereas this AD requires 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 AD does not.

Costs of Compliance

The FAA estimates that this AD affects 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 AD.
Revising the existing RFM for your helicopter takes 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 helicopters 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.

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: