Federal Register - July 23, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations searching for and locating Docket No.
FAA20210375; 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 Aviation Safety Agency now 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, M30, West Building Ground Floor, Room W12140, 1200 New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Ronnea Derby, Aerospace Engineer, Denver ACO Branch, Compliance &
Airworthiness Division, FAA, 26805 E
68th Ave., Mail Stop: Room 214;
Denver, CO 80249; telephone 303 342
1093; email Ronnea.L.Derby@faa.gov.
SUPPLEMENTARY INFORMATION:
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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 AB139
and AW139 helicopters with an EFS
control panel part number P/N
3G9560V00556 for use with night vision goggle or 3G9560V00557
standard installed. The NPRM
published in the Federal Register on May 25, 2021 86 FR 28040. In the NPRM, the FAA proposed to require replacing EFS control panel P/Ns 3G9560V00556 and 3G9560V00557 with EFS control panel P/Ns 3G9560V00559 and 3G9560V00558, respectively. The NPRM also proposed to prohibit installing EFS control panel P/Ns 3G9560V00556 and 3G9560V00557 on any helicopter. The NPRM was prompted by EASA AD
20150172, dated August 21, 2015
EASA AD 20150172, issued by EASA, which is the Technical Agent for the Member States of the European Union, to correct an unsafe condition for AgustaWestland S.p.A formerly Agusta S.p.A., AgustaWestland Philadelphia Corporation formerly Agusta Aerospace Corporation now Leonardo S.p.a. Model AB139 and AW139 helicopters with an EFS
installed. EASA advises of two events of uncommanded EFS deployment during flight. Subsequent investigation revealed that these conditions had been caused by improper design of EFS
control panel P/Ns 3G9560V00556 for use with night vision goggle and 3G9560V00557 standard. This condition, if not addressed, could result in reduced control of the helicopter.
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Accordingly, EASA AD 20150172
requires replacing EFS control panel P/Ns 3G9560V00556 and 3G9560V00557 with EFS control panel P/Ns 3G9560V00559 and 3G9560V00558, respectively. EASA AD
20150172 also prohibits installing EFS
control panel P/Ns 3G9560V00556 and 3G9560V00557 on any helicopter.
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Costs of Compliance
Discussion of Final Airworthiness Directive
The FAA estimates that this AD
affects 133 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.
Replacing an EFS control panel takes about 1 work-hour and parts cost about $12,342 for an estimated cost of $12,427
per helicopter and up to $1,652,791 for the U.S. fleet.
Comments
Authority for This Rulemaking
The FAA received no comments on the NPRM or on the determination of the costs.
Title 49 of the United States Code specifies the FAAs 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 Agencys 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.
Conclusion These helicopters have been approved by EASA and are approved for operation in the United States. Pursuant to the FAAs 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.
Related Service Information The FAA reviewed AgustaWestland Bollettino Tecnico No. 139374, dated July 6, 2015. This service information specifies procedures for replacing EFS
control panel P/Ns 3G9560V00556 and 3G9560V00557 with EFS control panel P/Ns 3G9560V00559 and 3G9560V00558, respectively. This service information also notes that EFS
control panel P/Ns 3G9560V00556 and 3G9560V00557 can be upgraded by following Sirio Panel Service Bulletins 6WSMI100135 Ed.01 and 6WS
MI100134 Ed.01.
Differences Between This AD and the EASA AD
EASA AD 20150172 applies to Model AB139 and AW139 helicopters with an EFS installed, whereas this AD
applies to those model helicopters with EFS control panel P/N 3G9560V00556
for use with night vision goggle or 3G9560V00557 standard installed instead. EASA AD 20150172 specifies replacing an affected EFS control panel within a compliance time of flight hours or months, whichever occurs first, based on helicopter configuration, whereas this AD requires that replacement within a shorter compliance time in hours time-in-service but the same number of months, based on helicopter configuration instead.
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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,
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