[Federal Register Volume 65, Number 251 (Friday, December 29, 2000)]
[Rules and Regulations]
[Pages 82896-82898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32551]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-SW-07-AD; Amendment 39-12044; AD 2000-25-09]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model A109E Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD) for Agusta S.p.A. (Agusta) Model A109E helicopters that currently 
requires inspecting the exhaust ejector locking system, clamp, and 
dampers for each engine. The existing AD also requires verifying the 
torque of the metallic clamps and installing safety wire on the 
metallic clamps; inspecting and modifying the ejector saddles and the 
locking metallic clamps; and inspecting the metallic clamps, locking 
mechanisms, and dampers. This amendment requires modifying the engine 
exhaust ejectors. This amendment is prompted by the development of a 
kit to modify the engine exhaust ejectors to provide terminating action 
from the requirements of the current AD. The

[[Page 82897]]

actions specified by this AD are intended to prevent loss of the 
metallic clamp or the engine exhaust ejector, damage to the main or 
tail rotor system and subsequent loss of control of the helicopter.

DATES: Effective February 2, 2001.
    The incorporation by reference of Agusta Technical Bulletin No. 
109EP-5, dated December 22, 1999, as listed in the regulations, is 
approved by the Director of the Federal Register as of February 2, 
2001.
    The incorporation by reference of Agusta Bollettino Tecnico No. 
109EP-3, dated December 22, 1998, listed in the regulations, was 
previously approved by the Director of the Federal Register as of April 
5, 1999 (64 FR 13502, March 19, 1999).

ADDRESSES: The service information referenced in this AD may be 
obtained from Agusta, 21017 Cascina Costa di Samarate (VA) Italy, Via 
Giovanni Agusta 520, telephone 39 (0331) 229111, fax 39 (0331) 229605-
222595. This information may be examined at the FAA, Office of the 
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort 
Worth, Texas; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Paul Madej, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort Worth, 
Texas 76193-0110, telephone (817) 222-5125, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 99-03-10, 
Amendment 39-11080 (64 FR 13502), which is applicable to Agusta Model 
A109E helicopters, was published in the Federal Register on September 
22, 2000 (65 FR 57298). That action proposed to require modifying the 
engine exhaust ejectors, P/N 109-0601-51, by installing a kit, P/N 109-
0822-94.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposal or the FAA's determination of the cost to the public. The FAA 
has determined that air safety and the public interest require the 
adoption of the rule as proposed.
    The FAA estimates that 13 helicopters of U.S. registry will be 
affected by this AD, that it will take approximately 12 work hours per 
helicopter to accomplish the required actions, and that the average 
labor rate is $60 per work hour. The manufacturer has stated that 12 
work hours labor costs at $40 per hour and the kit will be provided 
under warranty if requested prior to December 31, 2000. Based on these 
figures, the total cost impact of the AD on U.S. operators is estimated 
to be $3,120, assuming that all operators take full advantage of the 
warranty coverage stated by the manufacturer.
    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) Is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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, Incorporation by 
reference, 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 removing Amendment 39-11080 (64 FR 
13502, March 19, 1999), and by adding a new airworthiness directive 
(AD), Amendment 39-12044, to read as follows:

2000-25-09  Agusta S.p.A.: Amendment 39-12044. Docket No. 2000-SW-
07-AD. Supersedes AD 99-03-10, Amendment 39-11080, Docket No. 99-SW-
10-AD.

    Applicability: Model A109E helicopters, up to and including 
serial numbers 11057, excluding serial numbers 11001, 11005, 11047, 
11049, 11055 and 11056, with engine exhaust ejectors, part number 
109-0601-51, 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 
otherwise 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 request approval for an 
alternative method of compliance in accordance with paragraph (f) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously. To prevent loss of the metallic clamp or the engine 
exhaust ejector, damage to the main or tail rotor system, and 
subsequent loss of control of the helicopter, accomplish the 
following:
    (a) Prior to further flight, in accordance with Part I of the 
Compliance Instructions in Agusta Bollettino Tecnico No. 109EP-3, 
dated December 22, 1998 (Technical Bulletin), inspect the exhaust 
ejector to ejector saddle locking system, the dampers at the bottom 
of the ejector saddle, and the torque of the metallic clamp, and 
install safety wire on the metallic clamp. If any damage is found as 
a result of the inspection, accomplish Part II of the Compliance 
Instructions in the Technical Bulletin prior to further flight.
    (b) Within the next 10 hours time-in-service (TIS), inspect the 
dampers and metallic clamps, and reposition and modify the ejector 
saddle and the locking metallic clamp in accordance with Part II of 
the Compliance Instructions in the Technical Bulletin.
    (c) Thereafter, at intervals not to exceed 25 hours TIS, inspect 
the metallic clamp, locking mechanism, and dampers in accordance 
with Part III of the Compliance Instructions in the Technical 
Bulletin.
    (d) Before further flight after December 31, 2000, modify the 
engine exhaust ejectors, part number (P/N) 109-0601-51, by 
installing a kit, P/N 109-0822-94, in accordance with the Compliance 
Instructions in Agusta Technical Bulletin No. 109EP-5, dated 
December 22, 1999.
    (e) Installing a kit, P/N 109-0822-94, is terminating action for 
the requirements of this AD.
    (f) 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, Regulations Group, Rotorcraft 
Directorate, FAA. Operators shall submit their requests through a 
FAA Principal Maintenance Inspector, who may concur or comment and 
then send it to the Manager, Regulations Group.

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


[[Page 82898]]


    (g) Special flight permits may be issued in accordance with 
Secs. 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.
    (h) The inspections shall be done in accordance with Parts I, 
II, and III of the Compliance Instructions in Agusta Bollettino 
Tecnico No. 109EP-3, dated December 22, 1998. The incorporation by 
reference of that document was approved previously by the Director 
of the Federal Register, in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51, as of April 5, 1999 (64 FR 13502, March 19, 1999). The 
modification shall be done in accordance with the Compliance 
Instructions in Agusta Technical Bulletin No. 109EP-5, dated 
December 22, 1999. The incorporation by reference of that document 
was approved by the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from 
Agusta, 21017 Cascina Costa di Samarate (VA) Italy, Via Giovanni 
Agusta 520, telephone 39 (0331) 229111, fax 39 (0331) 229605-222595. 
Copies may be inspected at the FAA, Office of the Regional Counsel, 
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas; 
or at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.
    (i) This amendment becomes effective on February 2, 2001.

    Note 3: The subject of this AD is addressed in Ente Nazionale 
per l'Aviazione Civile (Italy) AD No. 2000-001, dated January 4, 
2000, and 2000-088, dated February 10, 2000.


    Issued in Fort Worth, Texas, on December 6, 2000.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 00-32551 Filed 12-28-00; 8:45 am]
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