AD 2018-05-10

[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Rules and Regulations]
[Pages 10563-10565]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2018-04872]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0181; Product Identifier 2017-SW-085-AD; Amendment 
39-19219; AD 2018-05-10]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta 
S.p.A. (Agusta) Model AB412 and AB412 EP helicopters. This AD requires 
removing each shoulder harness seat belt comfort clip (comfort clip) 
and inspecting the seat belt shoulder harness. This AD is prompted by a 
report of a comfort clip interfering with the seat belt inertia reel. 
The actions of this AD are intended to prevent an unsafe condition on 
these helicopters.

DATES: This AD becomes effective March 27, 2018.
    We must receive comments on this AD by May 11, 2018.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Docket: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for sending your 
comments electronically.
    <bullet> Fax: 202-493-2251.

[[Page 10564]]

    <bullet> 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.
    <bullet> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0181; 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 AD, the European Aviation Safety Agency (EASA) AD, any comments 
received, and other information. The street address for Docket 
Operations (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.
    For service information identified in this final rule, contact 
Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness, 
Viale G. Agusta 520, 21017 C. Costa di Samarate (Va) Italy; telephone 
+39-0331-711756; fax +39-0331-229046; or at <a href="http://www.leonardocompany.com/-/bulletins">http://www.leonardocompany.com/-/bulletins</a>. 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: Matt Fuller, Senior Aviation Safety 
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; 
email <a href="/cdn-cgi/l/email-protection#54393520203c31237a322138383126143235357a333b22"><span class="__cf_email__" data-cfemail="1a777b6e6e727f6d347c6f76767f685a7c7b7b347d756c">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments prior to it becoming effective. However, we 
invite you to participate in this rulemaking by submitting written 
comments, data, or views. We also invite comments relating to the 
economic, environmental, energy, or federalism impacts that resulted 
from adopting this AD. The most helpful comments reference a specific 
portion of the AD, 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 them only one time. We will file in the docket all comments that 
we receive, as well as a report summarizing each substantive public 
contact with FAA personnel concerning this rulemaking during the 
comment period. We will consider all the comments we receive and may 
conduct additional rulemaking based on those comments.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued AD No. 2016-0054, dated March 14, 2016, to 
correct an unsafe condition for Finmeccanica S.p.A. (previously Agusta) 
Model AB412 and AB412 EP helicopters. EASA advises that a design review 
resulted in the determination that some passenger seat installations 
allow the use of comfort clips on flight crew and passenger shoulder 
harness seat belts to increase comfort to the occupant by locking the 
seat belt position. These comfort clips could prevent the seat belt 
inertia reel from retracting the shoulder harness during an emergency 
landing. The EASA AD further advises that this could result in injury 
to the seat occupant. To prevent this unsafe condition, the EASA AD 
requires removal of all comfort clips from service and inspecting the 
seat belt for wear from the comfort clip.
    The FAA is in the process of updating Agusta's name change to 
Finmeccanica, and then to Leonardo Helicopters, on its FAA type 
certificate. Because this name change is not yet effective, this AD 
specifies Agusta.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Italy and are approved for operation in the United States. Pursuant to 
our bilateral agreement with Italy, EASA, its technical representative, 
has notified us of the unsafe condition described in the EASA AD. We 
are issuing this AD because we evaluated all information provided by 
EASA and determined the unsafe condition exists and is likely to exist 
or develop on other helicopters of these same type designs.

Related Service Information

    Finmeccanica has issued Bollettino Tecnico No. 412-145, dated March 
8, 2016, which specifies procedures for removing each comfort clip from 
the crew and passenger shoulder harness seat belts and for inspecting 
the seat belts for wear.

AD Requirements

    This AD requires, within 50 hours time-in-service, removing from 
service any comfort clip installed on a crew or passenger shoulder 
harness seat belt and inspecting the shoulder harness seat belt for 
rips or abrasions. If there is a rip or any abrasion, the AD requires 
replacing the seat belt. This AD also prohibits installing a comfort 
clip on any shoulder harness seat belt.

Costs of Compliance

    There are no costs of compliance with this AD because there are no 
helicopters with this type certificate on the U.S. Registry.

FAA's Justification and Determination of the Effective Date

    There are no helicopters with this type certificate on the U.S. 
Registry. Therefore, we find good cause that notice and opportunity for 
prior public comment are unnecessary. In addition, for the reason 
stated above, we find that good cause exists for making this amendment 
effective in less than 30 days.

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.
    We are 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

    We determined that 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, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;

[[Page 10565]]

    2. Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. 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

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 (AD):

2018-05-10 Agusta S.p.A.: Amendment 39-19219; Docket No. FAA-2018-
0181; Product Identifier 2017-SW-085-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. Model AB412 and AB412 EP 
helicopters with a seat belt comfort clip installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as a shoulder harness seat 
belt comfort clip interfering with the seat belt inertia reel, which 
could prevent the seatbelt from locking and result in injury to the 
occupant during an emergency landing.

(c) Effective Date

    This AD becomes effective March 27, 2018.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    (1) Within 50 hours time-in-service:
    (i) Remove from service each seat belt comfort clip.
    (ii) Inspect each shoulder harness seat belt for a rip and 
abrasion. If there is a rip or any abrasion, before further flight, 
replace the shoulder harness seat belt.
    (2) After the effective date of this AD, do not install a 
shoulder harness seat belt comfort clip on any helicopter.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards 
Branch, FAA, may approve AMOCs for this AD. Send your proposal to: 
Matt Fuller, Senior Aviation Safety Engineer, Safety Management 
Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., 
Fort Worth, TX 76177; telephone (817) 222-5110; email; email <a href="/cdn-cgi/l/email-protection#a79e8ae6f4f08ae1f3f08ae6eae8e48af5c2d6d2c2d4d3d4e7c1c6c689c0c8d1"><span class="__cf_email__" data-cfemail="b0899df1e3e79df6e4e79df1fdfff39de2d5c1c5d5c3c4c3f0d6d1d19ed7dfc6">[email&#160;protected]</span></a>.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office, before operating any aircraft 
complying with this AD through an AMOC.

(g) Additional Information

    (1) Finmeccanica Bollettino Tecnico No. 412-145, dated March 8, 
2016, which is not incorporated by reference, contains additional 
information about the subject of this AD. For service information 
identified in this AD, contact Leonardo S.p.A. Helicopters, Matteo 
Ragazzi, Head of Airworthiness, Viale G. Agusta 520, 21017 C. Costa 
di Samarate (Va) Italy; telephone +39-0331-711756; fax +39-0331-
229046; or at <a href="http://www.leonardocompany.com/-/bulletins">http://www.leonardocompany.com/-/bulletins</a>. You may 
review a copy of the service information at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2016-0054, dated March 14, 2016. You may 
view the EASA AD on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by 
searching for and locating it in Docket No. FAA-2018-0181.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 2500 Cabin 
Equipment/Furnishings.

    Issued in Fort Worth, Texas, on March 2, 2018.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2018-04872 Filed 3-9-18; 8:45 am]
 BILLING CODE 4910-13-P