AD 2020-23-07

[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Rules and Regulations]
[Pages 73610-73612]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-25470]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0987; Project Identifier MCAI-2020-01205-R; 
Amendment 39-21323; AD 2020-23-07]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive for all 
Leonardo S.p.a. Model AB139 and AW139 helicopters. This AD requires 
removing certain emergency life raft (raft) reservoirs (reservoirs) 
from service, inspecting the reservoirs and raft actuator cables 
(actuator cables), and depending on the inspection results, replacing 
the reservoir or adjusting the actuator cable. This AD was prompted by 
the inadvertent activation and deployment of a raft while the 
helicopter was in flight. The actions of this AD are intended to 
address an unsafe condition on these products.

DATES: This AD becomes effective December 4, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of December 4, 
2020.
    The FAA must receive comments on this AD by January 4, 2021.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Docket: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for sending your 
comments electronically.
    <bullet> Fax: 202-493-2251.
    <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="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2020-
0987; 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 Union Aviation Safety Agency (EASA) AD, any 
service information that is incorporated by reference, 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 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 <a href="https://www.leonardocompany.com/en/home">https://www.leonardocompany.com/en/home</a>. 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 on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2020-0987.

FOR FURTHER INFORMATION CONTACT: Daniel E. Moore, Aviation Safety 
Engineer, Regulations & Policy Section, Rotorcraft Standards Branch, 
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-
5110; email <a href="/cdn-cgi/l/email-protection#670306090e020b4902490a080815022701060649000811"><span class="__cf_email__" data-cfemail="6307020d0a060f4d064d0e0c0c1106230502024d040c15">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not provide you with notice and an opportunity 
to provide your comments prior to it becoming effective. However, the 
FAA invites you to participate in this rulemaking by submitting written 
comments, data, or views. 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.
    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 file in the docket all comments received, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this rulemaking during the comment period. The FAA 
will consider all the comments received and may conduct additional 
rulemaking based on those comments.

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 final rule 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 final rule, 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 final rule. Submissions containing CBI 
should be sent to Daniel E. Moore, Aviation Safety Engineer, 
Regulations & Policy Section, Rotorcraft Standards Branch, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; email 
<a href="/cdn-cgi/l/email-protection#97f3f6f9fef2fbb9f2b9faf8f8e5f2d7f1f6f6b9f0f8e1"><span class="__cf_email__" data-cfemail="7014111e19151c5e155e1d1f1f0215301611115e171f06">[email&#160;protected]</span></a>. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD No. 2020-0185, dated August 19, 
2020, to correct an unsafe condition for Leonardo S.p.A. Helicopters, 
formerly Finmeccanica S.p.A, AgustaWestland S.p.A., Agusta S.p.A.; and 
AgustaWestland Philadelphia Corporation, formerly Agusta Aerospace 
Corporation Model AB139 and AW139 helicopters, all serial numbers, if 
equipped with emergency flotation kit part number (P/

[[Page 73611]]

N) 4G9560F00111 (15 passengers) or P/N 4G9560F00211 (18 passengers). An 
inadvertent raft activation and deployment event occurred on a Model 
AW139 helicopter during flight. EASA advises that following the 
deployment, the raft separated from the helicopter and was lost at sea. 
EASA states that investigation is on-going into the cause of this 
event. Model AB139 helicopters are subject to the same unsafe condition 
due to design similarity to the AW139 helicopters. EASA advises that 
this condition, if not detected and corrected, may lead to further 
unintended activation and deployment of the raft in flight and 
separation with possible impact on the rotors, resulting in reduced 
control of the helicopter.
    To address this unsafe condition, Leonardo Helicopters has issued 
Alert Service Bulletin No. 139-648, dated August 10, 2020 (ASB 139-648) 
to provide replacement instructions for certain reservoirs and a one-
time inspection for all other reservoirs to verify that the actuator 
cable and the valve pull rod are correctly installed.
    Accordingly, the EASA AD requires, for some helicopters, 
replacement of affected reservoirs and, for other helicopters, 
inspections of the valve pull rod and the actuator cable of the raft 
and, depending on findings, accomplishment of the applicable corrective 
action(s). The EASA AD also prohibits (re)installation of an affected 
reservoir on any helicopter.

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 of the 
unsafe condition described in its AD. The FAA is issuing this AD after 
evaluating all of the information provided by EASA and determining the 
unsafe condition exists and is likely to exist or develop on other 
helicopters of the same type designs.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed ASB 139-648, which specifies procedures to replace 
certain reservoirs and return them to the supplier, inspect the 
measurement of the actuator cable between the face of the pull rod and 
the back of the valve cap, inspect the actuator cable by inspecting the 
clearance between the sphere at the end of the actuator cable and the 
activation system, and adjust the actuator cable.
    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.

AD Requirements

    This AD requires the following:
    <bullet> For helicopters with certain serial-numbered right-hand 
(RH) or left-hand (LH) reservoirs P/N 3G2560V01951 or P/N 3G2560V01251 
installed, within 25 hours time-in-service (TIS), removing each 
affected reservoir from service.
    <bullet> For helicopters with certain other serial-numbered RH or 
LH reservoirs P/N 3G2560V01951 or P/N 3G2560V01251 installed, within 25 
hours TIS or before the reservoir accumulates 55 total hours TIS since 
first installation on a helicopter, whichever occurs later, inspecting 
the valve pull rod of each reservoir. If the measurement of the 
actuator cable between the face of the pull rod and the back of the 
valve cap exceeds 68.5 mm, this AD requires replacing the reservoir 
before further flight.
    <bullet> For helicopters with certain other serial-numbered RH or 
LH reservoirs P/N 3G2560V01951 or P/N 3G2560V01251 installed, this AD 
requires, within 25 hours TIS, inspecting the actuator cable of each 
reservoir. If the clearance between the sphere at the end of the 
actuator cable and the activation system exceeds 5.0 + 0.00/-2.0 mm, 
this AD requires adjusting the actuator cable before further flight.
    This AD also prohibits installing certain serial-numbered 
reservoirs P/N 3G2560V01951 or P/N 3G2560V01251 on any helicopter and 
prohibits installing any other serial-numbered reservoir P/N 
3G2560V01951 or P/N 3G2560V01251 on any helicopter unless the actuator 
cable of the reservoir has been inspected, and if required, the 
actuator cable adjusted.

Differences Between This AD and the EASA AD

    The EASA AD states one of the compliance times to inspect the valve 
pull rod is since installation of a serviceable reservoir due removal 
of an affected reservoir, whereas this AD does not. The EASA AD 
requires returning removed reservoirs to the supplier, whereas this AD 
requires removing certain reservoirs from service and replacing other 
certain reservoirs instead.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 130 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 AD.
    Replacing a reservoir takes about 1 work-hour and parts cost about 
$400 for an estimated cost of $485 per reservoir.
    Inspecting the valve pull rod of the reservoirs takes about 1 work-
hour for an estimated cost of $85 per helicopter and $11,050 for the 
U.S. fleet.
    Inspecting the actuator cables takes about 0.25 work-hour for an 
estimated cost of $21 per helicopter and $2,730 for the U.S. fleet. If 
required, adjusting an actuator cable takes about 0.75 work-hour for an 
estimated cost of $64 per cable.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C.) 
authorizes agencies to dispense with notice and comment procedures for 
rules when the agency, for ``good cause'' finds that those procedures 
are ``impracticable, unnecessary, or contrary to the public interest.'' 
Under this section, an agency, upon finding good cause, may issue a 
final rule without seeking comment prior to the rulemaking.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because the required corrective actions must be completed within 25 
hours TIS or before a component accumulates 55 total hours TIS since 
first installation on a helicopter, a short time period of about two 
months based on the average flight-hour utilization rate of these 
helicopters. Therefore, notice and opportunity for prior public comment 
are impracticable and contrary to public interest pursuant to 5 U.S.C. 
553(b)(3)(B). In addition, for the reasons stated above, the FAA finds 
that good cause exists pursuant to 5 U.S.C. 553(d) 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

[[Page 73612]]

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 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, and
    2. Will not affect intrastate aviation in Alaska.

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:

2020-23-07 Leonardo S.p.a.: Amendment 39-21323; Docket No. FAA-2020-
0987; Project Identifier MCAI-2020-01205-R.

(a) Applicability

    This airworthiness directive (AD) applies to Leonardo S.p.a. 
Model AB139 and AW139 helicopters, certificated in any category, 
with emergency flotation kit part number (P/N) 4G9560F00111 (15 
passengers) or 4G9560F00211 (18 passengers).

(b) Unsafe Condition

    This AD defines the unsafe condition as inadvertent activation 
and deployment of the emergency life raft (raft). This condition 
could result in the deployment of the raft during flight, separation 
of the raft with possible impact on the rotors, and subsequent 
reduced control of the helicopter.

(c) Effective Date

    This AD becomes effective December 4, 2020.

(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) For helicopters with a right-hand (RH) or left-hand (LH) 
life raft reservoir (reservoir) P/N 3G2560V01951 or P/N 3G2560V01251 
and with a serial number (S/N) listed in Table 1 of the Leonardo 
Helicopters Alert Service Bulletin No. 139-648, dated August 10, 
2020 (ASB 139-648), within 25 hours time-in-service (TIS), remove 
each affected reservoir from service.
    (2) For helicopters with a RH or LH reservoir P/N 3G2560V01951 
or P/N 3G2560V01251 and with an S/N not listed in Table 1 of ASB 
139-648 installed, within 25 hours TIS or before the reservoir 
accumulates 55 total hours TIS since first installation on a 
helicopter, whichever occurs later, inspect the valve pull rod of 
each reservoir by following paragraphs 3. through 5.1, of the 
Accomplishment Instructions, part II, of ASB 139-648. If the 
measurement of the raft actuator cable (actuator cable) between the 
face of the pull rod and the back of the valve cap exceeds 68.5 mm, 
before further flight, replace the reservoir.
    (3) For helicopters with a RH or LH reservoir P/N 3G2560V01951 
or P/N 3G2560V01251 and with an S/N not listed in Table 1 of ASB 
139-648 installed, within 25 hours TIS, inspect the actuator cable 
of each reservoir by following paragraphs 3. through 5.1, of the 
Accomplishment Instructions, part III, of ASB 139-648. If the 
clearance between the sphere at the end of the actuator cable and 
the activation system exceeds 5.0 +0.00/-2.0 mm, before further 
flight, adjust the life raft actuator cable by following Annex A of 
ASB 139-648.
    (4) As of the effective date of this AD, do not install 
reservoir P/N 3G2560V01951 or P/N 3G2560V01251 with an S/N listed in 
Table 1 of ASB 139-648 on any helicopter.
    (5) As of the effective date of this AD, do not install a 
reservoir P/N 3G2560V01951 or P/N 3G2560V01251 with an S/N other 
than an S/N listed in Table 1 of ASB 139-648 on any helicopter 
unless you have complied with the requirements in paragraph (e)(3) 
of this AD.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Standards Branch, FAA, may approve 
AMOCs for this AD. Send your proposal to: Daniel E. Moore, Aviation 
Safety Engineer, Regulations & Policy Section, Rotorcraft Standards 
Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 
817-222-5110; email <a href="/cdn-cgi/l/email-protection#d8e1f5998b8ff59e8c8ff59995979bf58abda9adbdabacab98beb9b9f6bfb7ae"><span class="__cf_email__" data-cfemail="023b2f4351552f4456552f434f4d412f5067737767717671426463632c656d74">[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, the FAA 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

    The subject of this AD is addressed in European Union Aviation 
Safety Agency (EASA) AD No. 2020-0185, dated August 19, 2020. You 
may view the EASA AD on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 
by searching for and locating it in Docket No. FAA-2020-0987.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 2560, Emergency 
Equipment, and 2564, Life Raft.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Leonardo Helicopters Alert Service Bulletin No. 139-648, 
dated August 10, 2020.
    (ii) [Reserved]
    (3) For service information identified in this AD, 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://www.leonardocompany.com/en/home">https://www.leonardocompany.com/en/home</a>.
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email <a href="/cdn-cgi/l/email-protection#0e686b6a7c6b6920626b696f624e606f7c6f20696178"><span class="__cf_email__" data-cfemail="1d7b78796f787a3371787a7c715d737c6f7c337a726b">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on November 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-25470 Filed 11-18-20; 8:45 am]
BILLING CODE 4910-13-P