[Federal Register Volume 68, Number 204 (Wednesday, October 22, 2003)]
[Proposed Rules]
[Pages 60300-60301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26624]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 68, No. 204 / Wednesday, October 22, 2003 / 
Proposed Rules  

[[Page 60300]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-28-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: This document proposes adopting a new airworthiness directive 
(AD) for Agusta S.p.A. (Agusta) Model A109E helicopters. This proposal 
would require modifying each passenger compartment sliding door (door) 
by applying a kit to replace the levers and links. This proposal is 
prompted by instances of a door inadvertently opening during flight due 
to the unstable configuration of the door. The actions specified by 
this proposed AD are intended to prevent the inadvertent opening of a 
door during flight and loss of a passenger or other objects from the 
cabin.

DATES: Comments must be received on or before December 22, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2003-SW-28-AD, 2601 Meacham Blvd., Room 
663, Fort 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. 2003-SW-28-AD.'' The postcard will be date 
stamped and returned to the commenter.

Discussion

    The Ente Nazionale per l'Aviazione Civile (ENAC), the airworthiness 
authority for Italy, notified the FAA that an unsafe condition may 
exist on Agusta Model A109E helicopters. ENAC advises that the doors 
should be modified.
    Agusta has issued Alert Bollettino Tecnico No. 109EP-33, dated 
March 19, 2003 (ABT), which specifies modifying the opening and closing 
mechanism of the passenger compartment sliding doors by installing a 
new lever and a new link to avoid the possibility of the mechanism not 
reaching the stowed position. Agusta reports the accidental opening 
during flight of one of the doors, on a few helicopters, without any 
harm to the passengers. ENAC classified this ABT as mandatory and 
issued AD No. 2003-109, dated March 27, 2003, to ensure the continued 
airworthiness of these helicopters in Italy.
    This helicopter model is manufactured in Italy and is type 
certificated for operation in the United States under the provisions of 
14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the 
applicable bilateral 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.
    This previously described unsafe condition is likely to exist or 
develop on other helicopters of the same type design registered in the 
United States. Therefore, the proposed AD would require modifying the 
doors by installing a new lever and link and other hardware contained 
in kits, part number (P/N) 109-0823-25-101 (left hand) and (P/N) 109-
0823-25-102 (right hand). The actions would be required to be 
accomplished in accordance with the ABT described previously.
    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's AD system. The 
regulation now includes material that relates to altered products, 
special flight permits, and alternative methods of compliance. Because 
we have now included this material in part 39, we no longer need to 
include it in each individual AD.
    The FAA estimates that this proposed AD would affect 34 helicopters 
of U.S. registry, and the proposed actions would take approximately 4 
work hours per helicopter to accomplish at an average labor rate of $65 
per work hour. Required parts would cost approximately $3000 per 
helicopter. Based on these figures, we estimate the total cost impact 
of the proposed AD on U.S. operators to be $110,840 ($3260 per 
helicopter). However, Agusta states in its ABT that it will supply the 
parts at no cost and will reimburse up to 4 work hours to modify the 
doors at a fixed rate of $40. Assuming this warranty coverage, the 
estimated total cost impact of this AD on U.S. operators would be $3400 
($100 per helicopter).
    The regulations proposed herein would not have a substantial direct 
effect on the States, on the relationship between the national 
Government and

[[Page 60301]]

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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting 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.

The Proposed Amendment

    Accordingly, pursuant to 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 a new airworthiness directive 
to read as follows:

Agusta S.p.A. Docket No. 2003-SW-28-AD.

    Applicability: Model A109E helicopters, up to and including 
serial number (S/N) 11150 with Pratt & Whitney Canada, Inc. PW206C 
engines, and S/N 11501 through 11509 with Turbomeca Arrius TM2K1 
engines, with a passenger compartment sliding door (door), part 
number (P/N) 109-0360-48-101 (left-hand (LH)), P/N 109-0360-48-102 
(right-hand (RH)), P/N 109-0360-48-201 (LH), or P/N 109-0360-48-202 
(RH), installed, certificated in any category.
    Compliance: Required within 90 days, unless accomplished 
previously.
    To prevent the inadvertent opening of a door and loss of a 
passenger or other objects from the cabin, accomplish the following:
    (a) Modify the doors by replacing levers, P/N 109-0362-30-103 
(LH) and P/N 109-0362-30-104 (RH), and links , P/N 109-0362-05-101; 
with levers P/N 109-0362-30-109 (LH) and P/N 109-0362-30-110 (RH), 
and links, P/N 109-0362-05-105, and the hardware contained in kits, 
P/N 109-0823-25-101 (LH) and P/N 109-0823-25-102 (RH) in accordance 
with the Compliance Instructions in Agusta Bollettino Tecnico No. 
109 EP-33, dated March 19, 2003.
    (b) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Contact the Safety Management Group, Rotorcraft Directorate, FAA, 
for information about previously approved alternative methods of 
compliance.

    Note: The subject of this AD is addressed in Ente Nazionale per 
l'Aviazione Civile (Italy) AD No. 2003-109, dated March 27, 2003.


    Issued in Fort Worth, Texas, on October 16, 2003.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-26624 Filed 10-21-03; 8:45 am]
BILLING CODE 4910-13-P