[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Proposed Rules]
[Pages 82972-82975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28076]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1139; Product Identifier 2018-SW-056-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 is proposing to adopt a new airworthiness directive 
(AD) for certain serial-numbered Leonardo S.p.a. (Leonardo) Model A109S 
and AW109SP helicopters. This proposed AD would require installing a 
placard in the baggage compartment, revising the existing Rotorcraft 
Flight Manual (RFM) for your helicopter, and inspecting the 
installation of the terminal lugs. Depending on the outcome of the 
inspection, this proposed AD would require restoring the installation 
of the terminal lugs. This proposed AD would also require modifying the 
helicopter to shim the baggage fairing assy (fwd up) away from the 
circuit breaker panel and incorporating protective coverings. This 
proposed AD was prompted by reports of several occurrences of fire 
ignition and smoke in the baggage compartment. The actions of this 
proposed AD are intended to address an unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by February 4, 
2021.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Docket: Go to https://www.regulations.gov. 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

[[Page 82973]]

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 https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1139; 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 proposed AD, the European Aviation Safety Agency (now European 
Union Aviation Safety Agency) (EASA) AD, any comments received, any 
service information that is incorporated by reference, 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 proposed 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://www.leonardocompany.com/en/home. 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.

FOR FURTHER INFORMATION CONTACT: Kristin Bradley, Aerospace Engineer, 
General Aviation & Rotorcraft Section, International Validation Branch, 
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-
5110; email <a href="/cdn-cgi/l/email-protection#773c051e04031e1959350516131b120e3711161659101801"><span class="__cf_email__" data-cfemail="d09ba2b9a3a4b9befe92a2b1b4bcb5a990b6b1b1feb7bfa6">[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-2020-1139; Product Identifier 
2018-SW-056-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 
https://www.regualtions.gov, 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 
Kristi Bradley, Aerospace Engineer, General Aviation & Rotorcraft 
Section, International Validation Branch, FAA, 10101 Hillwood Pkwy., 
Fort Worth, TX 76177; telephone 817-222-5110; email 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="7b100912080f12155519091a1f171e023b1d1a1a551c140d">[email protected]</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 Emergency AD No. 2018-0120-E, dated May 
29, 2018 (EASA AD 2018-0120-E), to correct an unsafe condition for 
Leonardo S.p.a. (formerly Finmeccanica S.p.A., AgustaWestland S.p.A., 
Agusta S.p.A.) Model A109S and AW109SP helicopters. EASA advises that 
an occurrence was reported on an AW109SP helicopter, experiencing fire 
ignition and smoke in the baggage compartment. The investigation 
determined the event was due to chafing of electrical wiring and 
further analysis indicated that due to similarity of design, this event 
could also occur on A109S helicopters. Accordingly, the EASA AD 
requires modification of the affected baggage fairing assembly (fwd up) 
part number (P/N) 109-0344-31-101 and temporarily amending the existing 
RFM and installing a placard prohibiting carrying any loads in the 
baggage compartment.
    After EASA AD 2018-0120-E was issued, a second occurrence was 
reported of fire ignition and smoke in the baggage compartment, and as 
a precautionary measure Leonardo Helicopters issued a series of 
emergency alert service bulletins, providing instructions to prevent 
damage of electrical assemblies in the baggage compartment. 
Accordingly, EASA issued, EASA Emergency No. 2018-0149-E, dated July 
13, 2018 (EASA AD 2018-0149-E), which retains the requirements of EASA 
AD 2018-0120-E, and also requires repetitive inspections of the baggage 
compartment electrical assemblies and depending on the inspection 
outcomes, repairing or replacing certain parts. Also, EASA AD 2018-
0149-E expands the applicability to include three additional serial-
numbered helicopters, and requires a modification, which acts as a 
terminating action for the repetitive inspections. EASA advises, that 
this condition, if not corrected, could lead to fire in the baggage 
compartment, resulting in loss of control of the 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 proposing this AD 
after evaluating all information and determining the unsafe condition 
exists and is likely to exist or develop on other helicopters of these 
same type designs.

Related Service Information Under 1 CFR Part 51

    The FAA has reviewed Leonardo Helicopters Emergency Alert Service 
Bulletin (EASB) No. 109S-079, and Leonardo Helicopters EASB No. 109SP-
120, each Revision A, and each dated June 4, 2018. This service 
information specifies instructions for manufacturing a placard for the 
baggage compartment door and also specifies instructions for modifying 
and inserting a specific cutout into the existing RFM. This service 
information also specifies instructions for removing the baggage 
fairing assembly (fwd up), and the rubber protections, inspecting the 
cable assemblies routing of both circuit breaker panels, and inspecting 
the installation of the terminal lugs.
    The FAA also reviewed Leonardo Helicopters EASB No. 109SP-122, and 
Leonardo Helicopters EASB No. 109S-081, each dated July 5, 2018, which

[[Page 82974]]

specify procedures for modifying the helicopter by incorporating 
protective coverings.
    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

    This proposed AD would require compliance with certain portions of 
the manufacturer's service bulletin as well as, before further flight, 
for certain serial-numbered helicopters, installing a placard and 
revising the existing RFM for your helicopter. This proposed AD would 
also require within 5 hours time-in-service (TIS), for certain model 
helicopters, inspecting the installation of the terminal lugs, shimming 
the installation of the baggage fairing assembly (fwd up), and 
installing a silicon rubber protection over the blind rivets of the 
hinge in accordance with certain applicable service information. This 
proposed AD would also require within 10 hours TIS and thereafter at 
intervals not to exceed 25 hours TIS until protective coverings are 
installed, removing the baggage fairing assembly (fwd up), removing the 
rubber protections, and inspecting the cable assembly routing of both 
circuit breaker panels for damage. Depending on the outcome of these 
inspections, this proposed AD would require repairing or replacing 
certain parts. This proposed AD would also require, within 200 hours 
TIS, modifying the helicopter to incorporate a certain protective 
coverings, which would provide a terminating action for the repetitive 
inspections.

Differences Between This AD and the EASA AD

    The EASA AD uses compliance times in terms of calendar dates, 
whereas this proposed AD uses compliance times terms of in hours TIS.

Costs of Compliance

    The FAA estimates that this AD would affect 15 helicopters of U.S. 
Registry. The FAA estimates that operators may incur the following 
costs in order to comply with this proposed AD. Labor costs are 
estimated at $85 per work-hour.
    Installing a placard and revising the existing RFM for your 
helicopter would require about 1 work-hour for an estimated cost of $85 
per helicopter and $1275 for the U.S. fleet.
    Inspecting the installation of the terminal lugs, shimming the 
baggage fairing assembly (fwd up), and installing a silicon rubber 
protection over the blind rivets removing the rubber protections would 
require about 3 work-hours for an estimated cost of $255 per 
helicopter.
    Removing the baggage fairing assembly (fwd up) and performing a 
repetitive inspection of the cable assemblies of both circuit breaker 
panels for damage would require about 2 work-hours for an estimated 
cost of $170 per helicopter per inspection cycle and $2,550 for the 
U.S. fleet per inspection cycle.
    Repairing a cable assembly would require about 4 work-hours and 
parts would cost about $340 for an estimated cost of $680 per repair.
    Modifying the helicopter by installing protective coverings would 
require about 4 work-hours and parts would cost about $20 for an 
estimated cost of $360 per helicopter and $5,400 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. Will not affect intrastate aviation in Alaska, and
    3. Will not have a significant economic impact, positive or 
negative, on a 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 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:

Leonardo S.p.a.: Docket No. FAA-2020-1139; Product Identifier 2018-
SW-056-AD.

(a) Applicability

    This airworthiness directive (AD) applies to Leonardo S.p.a. 
Model A109S helicopters, serial number (S/N) 22702, 22703, 22705, 
and 22706 and AW109SP helicopters with S/N up to 22386 inclusive, 
except S/N 22375 and S/N 22376, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as chafing of electrical 
wiring. This condition could result in fire ignition and smoke in 
the baggage compartment and subsequent loss of control of the 
helicopter.

(c) Effective Date

    The FAA must receive comments by February 4, 2021.

(e) 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.

(f) Required Actions

    (1) For all helicopters, except Model A109S having S/N 22705 or 
S/N 22706 and Model AW109SP having S/N 22384, before further flight:
    (i) Install a placard with the information in Figure 5 of 
Leonardo Helicopters Emergency Alert Service Bulletin (EASB) No. 
109S-079 (EASB 109S-079), or Leonardo Helicopters EASB No. 109SP-120 
(EASB 109SP-120), each Revision A, and each dated June 4, 2018, as 
applicable to your helicopter model, in the baggage compartment on 
the internal side of the baggage door D8.
    (ii) Revise the existing Rotorcraft Flight Manual (RFM) for your 
helicopter by cutting along the dashed line of Figure 6 of EASB 
109S-079 or EASB 109SP-120, as applicable to your model helicopter, 
and inserting the cutout to replace page 1-28 or 1-3, as

[[Page 82975]]

applicable to your model helicopter, of the existing RFM for your 
helicopter.
    (2) For all helicopters, except Model A109S having S/N 22705 or 
S/N 22706 and Model AW109SP having S/N 22384, within 5 hours time-
in-service (TIS):
    (i)Visually inspect the installation of the terminal lugs to 
determine whether the installation is consistent with Figure 2 of 
EASB 109SP-120 or EASB 109S-079, as applicable to your model 
helicopter. If the installation is not consistent with Figure 2 of 
EASB 109SP-120 or EASB 109S-079, as applicable to your model 
helicopter, restore the installation to be consistent with Figure 2 
of EASB 109SP-120 or EASB 109S-079, as applicable to your model 
helicopter.
    (ii) Shim the installation of the baggage fairing assembly (fwd 
up) P/N 109-0344-31-101 to move it away from the circuit breaker 
panel, and install a silicon rubber protection over the blind rivets 
of the hinge in accordance with the Accomplishment Instructions, 
Part II, steps 3 through 8 of EASB 109S-079 or EASB 109SP-120, as 
applicable to your model helicopter.
    (3) Performing the steps as described in paragraph (f)(2) of 
this AD allows the RFM revision described in paragraph (f)(1) of 
this AD to be removed from the existing RFM for your helicopter and 
the placard described in paragraph (f)(1) of this AD to be removed 
from the helicopter.
    (4) For all helicopters, within 10 hours TIS and thereafter at 
intervals not to exceed 25 hours TIS, remove the baggage fairing 
assembly (fwd up) P/N 109-0344-31-101, remove the rubber protections 
P/N 109-0746-52-105 and P/N 109-0746-52-107, and inspect the cable 
assemblies routing of both circuit breaker panels for damage. For 
the purposes of this inspection, damage may be indicated by chafing. 
If there is any damage, repair or replace the cables in accordance 
with FAA accepted procedures and protect the cables by installing 
Nomex sleeve P/N EN6049-006.
    (5) For all helicopters, within 200 hours TIS, modify the 
helicopter's baggage compartment by adding the protective coverings 
in accordance with the Accomplishment Instructions, Part II, steps 3 
through 14 of Leonardo Helicopters EASB No. 109SP-122, dated July 5, 
2018 or Leonardo Helicopters EASB No. 109S-081, dated July 5, 2018, 
as applicable to your model helicopter. Completion of this 
modification is a terminating action for the 25 hour TIS repetitive 
inspections of paragraph (f)(4) of this AD.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, may 
approve AMOCs for this AD. Send your proposal to: Kristi Bradley, 
Aerospace Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 10101 Hillwood Pkwy., Fort 
Worth, TX 76177; telephone 817-222-5110; email <a href="/cdn-cgi/l/email-protection#be8793ffe8ed93fff7ec93898d8e93fff3f1fdfed8dfdf90d9d1c8"><span class="__cf_email__" data-cfemail="11283c5047423c5058433c2622213c505c5e52517770703f767e67">[email protected]</span></a>.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or sunder 14 CFR part 91, subpart K, the FAA suggests 
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.

(h) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (now European Union Aviation Safety Agency) (EASA) AD No. 
2018-0149-E, dated July 13, 2018. You may view the EASA AD on the 
internet at https://www.regulations.gov in the AD Docket.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 5397, Fuselage 
Wiring, Baggage Fairings Modification.

    Issued on December 16, 2020.
Lance T. Gant,
Director,Compliance & Airworthiness Division,Aircraft Certification 
Service.

[FR Doc. 2020-28076 Filed 12-18-20; 8:45 am]
BILLING CODE 4910-13-P


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