[Federal Register Volume 66, Number 122 (Monday, June 25, 2001)]
[Proposed Rules]
[Pages 33651-33653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15796]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-09-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes the adoption of a new airworthiness directive 
(AD) for Agusta S.p.A. Model A109E helicopters. The proposed AD would 
require modifying the passenger compartment sliding doors by installing 
certain locking mechanism kits. The proposed AD is prompted by 
accidental opening of a passenger compartment sliding door (door) 
inflight due to a door locking mechanism that is too easy to 
accidentally open. The actions specified by the proposed AD are 
intended to prevent accidental opening of a door in flight and 
subsequent loss of objects that could damage the rotor system.

DATES: Submit any comments on this proposal by August 24, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2001-SW-09-AD, 2601 Meacham Blvd., Room

[[Page 33652]]

663, Forth Worth, Texas 76137. You may also send comments 
electronically to the Rules Docket at the following address: [email protected]. Comments may be inspected at the Office of the 
Regional Counsel between 9 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Richard Monschke, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort 
Worth, Texas 76193-0110, telephone (817) 222-5116, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments will 
be considered before taking action on the proposed rule. The proposals 
contained in this document may be changed in light of the comments 
received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their mailed 
comments submitted in response to this proposal must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 2001-SW-09-AD.'' The postcard will be date 
stamped and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2001-SW-09-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137.

Discussion

    Ente Nazionale per l'Aviazione Civile (ENAC), the airworthiness 
authority for Italy, notified us that an unsafe condition might exist 
on Agusta S.p.A. Model A109E helicopters. ENAC advises modifying the 
doors installed on Agusta S.p.A. Model A109E helicopters up to serial 
number (S/N) 11099 inclusive.
    Agusta S.p.A. has issued Bolletino Tecnico No. 109EP-16, dated 
December 21, 2000 (BT). This BT specifies modifying the opening/closing 
mechanism of the doors with the double-action (pull and turn) system to 
avoid accidental actuation of the internal handles. ENAC classified 
this BT as mandatory and issued AD No. 2001-019, dated January 5, 2001, 
to ensure the continued airworthiness of these helicopters in Italy.
    This helicopter model is manufactured in Italy and is type 
certified for operation in the United States under the provisions 14 
CFR 21.29 and the applicable bilateral airworthiness agreement. 
Pursuant to this bilateral airworthiness agreement, ENAC has kept the 
FAA informed of the situation described above. The FAA has examined the 
findings of ENAC, 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.
    We have identified an unsafe condition that is likely to exist or 
develop on other Agusta S.p.A. Model A109E helicopters of this same 
type design registered in the United States. Unintentional door opening 
could allow items to be lost from the passenger compartment, and 
subsequent impact with the main or tail rotors. The proposed AD would 
require modifying the doors installed on Agusta S.p.A. Model A109E 
helicopters up to an including S/N 11099 by installing door-locking 
mechanism kits, part number 109-0823-03-101 and -102, within 90 days. 
The actions would have to be accomplished in accordance with the BT 
described previously.

Regulatory Impact

    We estimate that 11 helicopters of U.S. registry would be affected 
by this proposed AD and that it would take approximately 8 work hours 
per helicopter to modify the doors. The average labor rate is $60 per 
work hour. The manufacturer states in its ASB that it will reimburse 8 
work hours at $40 per work hour. The manufacturer also states in its 
ASB that the parts will be supplied to modify the locking mechanism on 
the doors. Based on these figures, the total cost impact of the 
proposed AD on U.S. operators is estimated to be $1760.
    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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. You can get a copy 
obtained by contacting the Docket at the mailing address listed under 
the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 the following new 
airworthiness directive:

Agusta S.p.A: Docket No. 2001-SW-09-AD.

    Applicability: Model A109E helicopters, up to and including 
serial number 11099, 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 (b) of 
this AD. Your 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 within 90 days, unless accomplished 
previously.

[[Page 33653]]

    To prevent accidental opening of a passenger compartment (door) 
during flight, accomplish the following:
    (a) Modify each passenger compartment sliding door by installing 
locking mechanism kits, part number (P/N) 109-0823-03-101 and -102, 
in accordance with the Compliance Instruction of Agusta Bollettino 
Tecnico No. 109EP-16, dated December 21, 2000 (BT).
    (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, Regulations Group, 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, 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.

    (c) Special flight permits may be issued in accordance with 14 
CFR 21.197 and 21.199 to operate the helicopter to a location where 
the requirements of this AD can be accomplished.

    Note 3: The subject of this AD is addressed in Ente Nazionale 
per l'Aviazione Civile (Italy) AD 2001-019, dated January 5, 2001.



    Issued in Fort Worth, Texas, on June 12, 2001.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 01-15796 Filed 6-22-01; 8:45 am]
BILLING CODE 4910-13-U