[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Rules and Regulations]
[Pages 38209-38211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15300]


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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

[[Page 38210]]

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 <a href="/cdn-cgi/l/email-protection#a8c5c1dccbc086dbc7dcc0e8cec9c986cfc7de"><span class="__cf_email__" data-cfemail="5e33372a3d36702d312a361e383f3f70393128">[email protected]</span></a>.

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

[[Page 38211]]

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

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:

2021-13-13 Leonardo S.p.a.: Amendment 39-21618; Docket No. FAA-2021-
0302; Project Identifier MCAI-2020-01596-R.

(a) Effective Date

    This airworthiness directive (AD) is effective August 24, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AW189 helicopters, 
certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 7300, Engine fuel 
and control.

(e) Unsafe Condition

    This AD was prompted by the identification of misleading 
information in the emergency procedure for the ``1(2) FUEL LOW'' 
caution message. The FAA is issuing this AD to prevent the wrong 
estimation of the remaining flight time in a low fuel condition. The 
unsafe condition, if not addressed, could result in an uncommanded 
engine in-flight shut-down and forced landing, with subsequent 
damage to the helicopter or injury to the occupants.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Within 14 hours time-in-service after the effective date of this 
AD, revise page 3-118 of Section 3, Emergency and Malfunction 
Procedures, of the existing Rotorcraft Flight Manual for your 
helicopter by adding page 3-118, Temporary Revision 3-1 Rev. A, of 
AW189--RFM, Document No. 189G0290X002, Record of Temporary 
Revisions, dated May 24, 2019, as contained 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 (TR 3-1 Rev A). Using a different document with information 
identical to the information in page 3-118 of TR 3-1 Rev A is 
acceptable for compliance with the requirement of this paragraph. 
This action may be performed by the owner/operator (pilot) holding 
at least a private pilot certificate and must be entered into the 
aircraft records showing compliance with this AD in accordance with 
Sec.  43.9(a)(1) through (4) and Sec.  91.417(a)(2)(v). The record 
must be maintained as required by Sec.  91.417, Sec.  121.380, or 
Sec.  135.439.

(h) Special Flight Permits

    Special flight permits are prohibited.

(i) 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 (j)(1) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#ebd2c6aabdb8c6aaa2b9c6dcd8dbc6aaa6a4a8ab8d8a8ac58c849d"><span class="__cf_email__" data-cfemail="d0e9fd918683fd919982fde7e3e0fd919d9f9390b6b1b1feb7bfa6">[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.

(j) Related Information

    (1) For more information about this AD, 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 <a href="/cdn-cgi/l/email-protection#523f3b26313a7c213d263a123433337c353d24"><span class="__cf_email__" data-cfemail="aec3c7dacdc680ddc1dac6eec8cfcf80c9c1d8">[email protected]</span></a>.
    (2) The subject of this AD is addressed in European Union 
Aviation Safety Agency (EASA) AD 2019-0136, dated June 11, 2019. You 
may view the EASA AD at https://www.regulations.gov in Docket No. 
FAA-2021-0302.

(k) 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) AW189--RFM, Document No. 189G0290X002, Record of Temporary 
Revisions, dated May 24, 2019, as contained 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.
    (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 https://customerportal.leonardocompany.com/en-US/.
    (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#86e0e3e2f4e3e1a8eae3e1e7eac6e8e7f4e7a8e1e9f0"><span class="__cf_email__" data-cfemail="680e0d0c1a0d0f46040d0f09042806091a09460f071e">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 9, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-15300 Filed 7-19-21; 8:45 am]
BILLING CODE 4910-13-P


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