[Federal Register Volume 64, Number 31 (Wednesday, February 17, 1999)]
[Rules and Regulations]
[Pages 7773-7774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3724]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-SW-57-AD; Amendment 39-11045; AD 99-04-20]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model A109K2 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to Agusta S.p.A. Model A109K2 helicopters. This action 
requires replacing a certain Breeze-Eastern rescue hoist (rescue hoist) 
with a different part-numbered airworthy rescue hoist. This amendment 
is prompted by an incident in which a rescue hoist cable broke due to 
cable damage, resulting in one fatality. The actions specified in this 
AD are intended to prevent the breaking of the rescue hoist cable, 
personal injury, or entanglement of the rescue hoist cable in the 
helicopter's main or tail rotor blades, and subsequent loss of control 
of the helicopter.

DATES: Effective March 4, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before March 19, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 97-SW-57-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Carroll Wright, Aerospace Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, 2601 Meacham 
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5120, fax (817) 
222-5961.

SUPPLEMENTARY INFORMATION: The Registro Aeronautico Italiano (RAI), 
which is the airworthiness authority for Italy, recently notified the 
FAA that an unsafe condition may exist on Agusta S.p.A. Model A109K2 
helicopters. The RAI advises that a fatal accident occurred as a result 
of a malfunction of a rescue hoist. The rescue hoist cable broke, 
resulting in a fatality. Based on the result of the investigation of 
the accident, the FAA has determined that AD action is necessary to 
require replacement of the hoist.
    Agusta S.p.A. has issued Agusta Alert Bollettino Tecnico (Technical 
Bulletin) No. 109K-20, Rev. A, dated March 30, 1998, which specifies 
inspecting the rescue hoist, part number (P/N) BL29700 (all dash 
numbers). The RAI classified this technical bulletin as mandatory and 
issued AD 97-229, dated August 8, 1997, AD 96-070, dated April 17, 
1996, AD 97-220, dated July 30, 1997, AD 98-051, dated February 20, 
1998, AD 98-125, dated April 7, 1998, and AD 98-284, dated August 11, 
1998, in order to assure the continued airworthiness of rescue hoist, 
P/N BL29700 (all dash numbers).
    This helicopter model is manufactured in Italy and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the RAI has kept the FAA informed of 
the situation described above. The FAA has examined the findings of the 
RAI, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other Agusta S.p.A. Model A109K2 helicopters of the 
same type design registered in the United States, this AD is being 
issued to prevent the breaking of the rescue hoist cable, personal 
injury, or entanglement of the rescue hoist cable in the helicopter's 
main or tail rotor blades, and subsequent loss of control of the 
helicopter. This AD requires replacement of the rescue hoist, P/N 
BL29700 (all dash numbers), with an airworthy hoist, P/N 109-0900-62.
    None of the Model A109K2 helicopters affected by this action are on 
the U.S. Register. All helicopters included in the applicability of 
this rule currently are operated by non-U.S. operators under foreign 
registry; therefore, they are not directly affected by this AD action. 
However, the FAA considers that this rule is necessary to ensure that 
the unsafe condition is addressed in the event that any of these 
subject helicopters are imported and placed on the U.S. Register in the 
future.
    Since this AD action does not affect any helicopter that is 
currently on the U.S. Register, it has no adverse economic impact and 
imposes no additional burden on any person. Therefore, notice and 
public procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.
    Should an affected helicopter be imported and placed on the U.S. 
Register, it will require approximately 2.0 work hours per helicopter 
to replace the hoist. The average labor rate is $60 per work hour. 
Required parts will cost approximately $195, but the manufacturer has 
stated that any required parts will be provided to helicopter operators 
at no cost. Based on these figures, the cost impact of this AD will be 
$120 per helicopter.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD

[[Page 7774]]

action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 97-SW-57-AD.'' The postcard will be date stamped and 
returned to the commenter.
    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that notice and prior public comment are 
unnecessary in promulgating this regulation and therefore, it can be 
issued immediately to correct an unsafe condition in aircraft since 
none of these model helicopters are registered in the United States, 
and that it is not a ``significant regulatory action'' under Executive 
Order 12866. It has been determined further that this action involves 
an emergency regulation under DOT Regulatory Policies and Procedures 
(44 FR 11034, February 26, 1979). If it is determined that this 
emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket. A copy of it, if filed, may 
be obtained from the Rules Docket at the location provided under the 
caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. Section 39.13 is amended by adding a new airworthiness directive 
to read as follows:

AD 99-04-20  Agusta S.p.A.: Amendment 39-11045. Docket No. 97-SW-57-
AD.

    Applicability: Model A109K2 helicopters, with Breeze-Eastern 
rescue hoist, part number (P/N) BL29700 (all dash numbers), 
installed, certificated in any category.

    Note 1: This AD applies to each helicopter identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For helicopters that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (b) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition, or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any helicopter from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent breaking of the Breeze-Eastern rescue hoist (hoist) 
cable, personal injury, or entanglement of the hoist cable in the 
helicopter's main or tail rotor blades, and subsequent loss of 
control of the helicopter, accomplish the following:
    (a) Replace the hoist, P/N BL29700 (all dash numbers), with an 
airworthy hoist, P/N 109-0900-62, on or before March 31, 1999. This 
replacement is considered a terminating action for the requirements 
of this AD.
    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Rotorcraft Standards Staff, 
Rotorcraft Directorate, FAA. Operators shall submit their requests 
through an FAA Principal Maintenance Inspector, who may concur or 
comment and then send it to the Manager, Rotorcraft Standards Staff.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Rotorcraft Standards Staff.

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the helicopter to a location where 
the requirements of this AD can be accomplished, provided the rescue 
hoist is not used.
    (d) This amendment becomes effective on March 4, 1999.

    Note 3: The subject of this AD is addressed in Registro 
Aeronautico Italiano (Italy) AD 97-229, dated August 8, 1997, AD 96-
070, dated April 17, 1996, AD 97-220, dated July 30, 1997, AD 98-
051, dated February 20, 1998, AD 98-125, dated April 7, 1998, and AD 
98-284, dated August 11, 1998.

    Issued in Fort Worth, Texas, on February 9, 1999.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 99-3724 Filed 2-16-99; 8:45 am]
BILLING CODE 4910-13-P