Proposed Rule2021-16168
Airworthiness Directives; Leonardo S.p.a. Helicopters
Primary source
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Published
July 30, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for Leonardo S.p.a. Model AB139, AW139, AB412, and AB412 EP helicopters. This proposed AD was prompted by failure of an Emergency Flotation System (EFS) float compartment to inflate during maintenance of the EFS. This proposed AD would require inspecting certain EFSs and depending on the results, marking certain parts or removing certain parts from service, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 144 (Friday, July 30, 2021)</title>
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[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Proposed Rules]
[Pages 40962-40964]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16168]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 /
Proposed Rules
[[Page 40962]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0608; Project Identifier 2019-SW-119-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. Model AB139, AW139, AB412, and AB412 EP
helicopters. This proposed AD was prompted by failure of an Emergency
Flotation System (EFS) float compartment to inflate during maintenance
of the EFS. This proposed AD would require inspecting certain EFSs and
depending on the results, marking certain parts or removing certain
parts from service, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is proposed for incorporation by reference
(IBR). 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 September
13, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For EASA material that is proposed for IBR in this AD, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#4e0f0a3d0e2b2f3d2f602b3b3c213e2f602b3b"><span class="__cf_email__" data-cfemail="b2f3f6c1f2d7d3c1d39cd7c7c0ddc2d39cd7c7">[email protected]</span></a>; internet www.easa.europa.eu. You
may find the EASA material on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. For Leonardo Helicopters and Safran 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 <a href="https://customerportal.leonardocompany.com/en-US/">https://customerportal.leonardocompany.com/en-US/</a>. You may view this material 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. The EASA material is also available in
the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA-2021-0608.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0608; 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, 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: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone (516) 228-7330; email <a href="/cdn-cgi/l/email-protection#fa9b949e889f9bd49093979f949f80ba9c9b9bd49d958c"><span class="__cf_email__" data-cfemail="61000f051304004f0b080c040f041b210700004f060e17">[email protected]</span></a>.
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-2021-0608; Project Identifier
2019-SW-119-AD'' 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposal.
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
Andrea Jimenez, Aerospace Engineer, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email <a href="/cdn-cgi/l/email-protection#53323d372136327d393a3e363d3629133532327d343c25"><span class="__cf_email__" data-cfemail="2e4f404a5c4b4f004447434b404b546e484f4f00494158">[email protected]</span></a>. Any commentary that the FAA
receives that 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 2019-0311, dated December 19, 2019
(EASA AD 2019-0311), to correct an unsafe condition for Leonardo
S.p.A., formerly Finmeccanica Helicopter Division, AgustaWestland,
Agusta S.p.A. Model AB139, AW139, AB412, and AB412EP helicopters.
[[Page 40963]]
This proposed AD was prompted failure of an EFS float compartment
to inflate during maintenance of the EFS. The FAA is proposing this AD
to address a blocked float supply hose. The unsafe condition, if not
addressed, could result in partial inflation of an EFS float during an
emergency landing on water and subsequently preventing a timely egress
from the helicopter, which could result in injury to helicopter
occupants. See EASA AD 2019-0311 for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2019-0311 specifies inspecting certain EFSs and depending
on the results, marking a float supply hose with a green heat
shrinkable sleeve if the float supply hose passes an inspection,
replacing the float supply hose with a serviceable float supply hose.
EASA AD 2019-0311 also prohibits installing a float supply hose unless
it passes the inspection and is re-identified.
This material 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.
Other Related Service Information
The FAA reviewed Safran Service Bulletin 025-69-19, Revision 00,
dated November 22, 2019 (SB 025-69-19), which is attached as Annex A to
Leonardo Helicopters Alert Service Bulletin (ASB) No. 139-610 and
Emergency ASB No. 412-157, each dated December 17, 2019. SB 025-69-19
specifies procedures for inspecting for blockage through the float
supply hoses of the EFS inflation system.
FAA's Determination
These products have been approved by the aviation authority of
another country, and are approved for operation in the United States.
Pursuant to the bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in EASA AD
2019-0311. 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 in other products of these
same type designs.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2019-0311, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed AD and the EASA AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2019-0311 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2019-0311 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2019-0311 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2019-
0311. Service information specified in EASA AD 2019-0311 that is
required for compliance with EASA AD 2019-0311 will be available at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2021-0608 after the FAA final rule is published.
Differences Between This Proposed AD and the EASA AD
EASA AD 2019-0311 requires inspecting each affected part in Group A
within 400 flight hours (FH) or 12 months, whichever occurs first,
whereas this proposed AD would require inspecting each affected part in
that group within 100 hours time-in-service instead. EASA AD 2019-0311
requires inspecting each affected part in Group C within 300 FH or
during the next scheduled ``18 months'' inspection, whichever occurs
first, whereas this proposed AD would require inspecting each affected
part in that group within 15 hours time-in-service instead to address
the unsafe condition as soon as practical as there are no Group C
aircraft registered in the U.S.; the proposed compliance time matches
those same model aircraft found in Group D. Where the service
information referenced in EASA AD 2019-0311 specifies ``operator able
to perform the EFS maintenance in accordance with Aircraft Maintenance
Manual (AMM) or Aircraft Maintenance Publication (AMP) can perform the
procedure defined in this Service Bulletin,'' this proposed AD would
require that the work be accomplished by a mechanic that meets the
requirements of 14 CFR part 65 subpart D. Where EASA AD 2019-0311
specifies replacing an affected float supply hose that fails the
inspection, this proposed AD would require removing the float supply
hose from service instead.
Costs of Compliance
The FAA estimates that this proposed AD affects 129 helicopters of
U.S. Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates that operators may incur the following
costs in order to comply with this proposed AD.
Inspecting each EFS supply hose would take about 0.25 work-hour for
an estimated cost of $21 per hose. Re-identifying each EFS supply hose
would take a minimal amount of time at a nominal cost.
Replacing an EFS supply hose would take up to 8 work-hours and
parts would cost between $2,500 and $9,500 for a set of float supply
hoses, for an estimated cost of up to $10,180 per helicopter.
According to Safran'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 Safran; accordingly, all costs are included 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
[[Page 40964]]
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) 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
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Leonardo S.p.a.: Docket No. FAA-2021-0608; Project Identifier 2019-
SW-119-AD.
(a) Comments Due Date
The FAA must receive comments by September 13, 2021.
(b) Affected Airworthiness Directives (ADs)
None.
(c) Applicability
This AD applies to Leonardo S.p.a. Model AB139, AW139, AB412,
and AB412 EP, helicopters, certificated in any category, with an
affected part as identified in European Union Aviation Safety Agency
(EASA) AD 2019-0311, dated December 19, 2019 (EASA AD 2019-0311),
installed.
(d) Subject
Joint Aircraft System Component (JASC) Code: 3212, Emergency
Flotation Section.
(e) Unsafe Condition
This AD was prompted by failure of an Emergency Flotation System
(EFS) float compartment to inflate during maintenance of the EFS.
The FAA is issuing this AD to address a blocked float supply hose.
The unsafe condition, if not addressed, could result in partial
inflation of an EFS float during an emergency landing on water and
subsequently preventing a timely egress from the helicopter, which
could result in injury to helicopter occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2019-0311.
(h) Exceptions to EASA AD 2019-0311
(1) Where EASA AD 2019-0311 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2019-0311 requires compliance in terms of
flight hours, this AD requires using hours time-in-service (TIS).
(3) Where paragraph (1) of EASA AD 2019-0311 requires inspecting
each affected part within the compliance time specified in Table 2
of its AD, this AD requires:
(i) Inspecting each affected part in Group A within 100 hours
TIS after the effective date of this AD.
(ii) Inspecting each affected part in Group C within 15 hours
TIS after the effective date of this AD.
(4) Where the service information referenced in paragraph (1) of
EASA AD 2019-0311 specifies ``operator able to perform the EFS
maintenance in accordance with Aircraft Maintenance Manual (AMM) or
Aircraft Maintenance Publication (AMP) can perform the procedure
defined in this Service Bulletin,'' this AD requires that the work
be accomplished by a mechanic that meets the requirements of 14 CFR
part 65 subpart D.
(5) Where paragraph (2) of EASA AD 2019-0311 specifies replacing
an EFS supply hose that fails the inspection, this AD requires
removing the hose from service.
(6) This AD does not require the ``Remarks'' section of EASA AD
2019-0311.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2019-0311
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#7b42563a2d28563a3229564c484b563a3634383b1d1a1a551c140d"><span class="__cf_email__" data-cfemail="f3cadeb2a5a0deb2baa1dec4c0c3deb2bebcb0b3959292dd949c85">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(k) Related Information
(1) For EASA AD 2019-0311, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#0342477043666270622d6676716c73622d6676"><span class="__cf_email__" data-cfemail="9cddd8efdcf9fdeffdb2f9e9eef3ecfdb2f9e9">[email protected]</span></a>; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. You may
view this material 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. This material may be found in the AD docket
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket
No. FAA-2021-0608.
(2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email <a href="/cdn-cgi/l/email-protection#13727d776176723d797a7e767d7669537572723d747c65"><span class="__cf_email__" data-cfemail="c3a2ada7b1a6a2eda9aaaea6ada6b983a5a2a2eda4acb5">[email protected]</span></a>.
Issued on July 23, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-16168 Filed 7-29-21; 8:45 am]
BILLING CODE 4910-13-P
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