[Federal Register Volume 69, Number 5 (Thursday, January 8, 2004)]
[Proposed Rules]
[Pages 1274-1275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-369]


 ========================================================================
 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. 69, No. 5 / Thursday, January 8, 2004 / 
Proposed Rules  

[[Page 1274]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-32-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 the specified Agusta S.p.A. (Agusta) model helicopters. This 
proposal would require disabling certain windshield wipers and 
thereafter modifying the electrical system of the windshield wipers by 
installing a new resistor and condenser, eliminating incompatibility 
problems with the relays, and replacing the timed relay for certain 
windshield wiper kits. This proposal is prompted by testing that 
revealed overheating of the electrical resistor on the electrical 
system of the windshield wipers due to a system overload because of a 
partial incompatibility of new timed relays with the configuration of 
the windshield wiper electrical system. The actions specified by this 
proposed AD are intended to prevent the incompatibility of certain 
relays with the windshield wiper electrical system, overheating of the 
resistor due to system overload, and an electrical fire.

DATES: Comments must be received on or before March 8, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2003-SW-32-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: Carroll Wright, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group, 
Fort Worth, Texas 76193-0111, telephone (817) 222-5120, 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-32-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 109E helicopters. ENAC advises modifying the 
electrical installation of some windshield wiper kits as stated in the 
manufacturer's service information.
    Agusta has issued Alert Bollettino Tecnico No. 109SP-27, Revision 
A, dated February 7, 2003 (ABT), which specifies modifying the 
electrical installation of windshield wipers kit, part number (P/N) 
109-0741-65, by installing kit, P/N 109-0823-13, to replace the 
existing resistor and condenser to eliminate functional malfunction 
when timed relays, P/N TDH-8070-1001P or T412-2006, are installed. 
During a ground functional test, overheating of the electrical resistor 
was found in the windshield wiper electrical system due to a system 
overload. An investigation revealed that the source of the overheating 
was a functional malfunction caused by a partial incompatibility of new 
timed relays with the actual configuration of the windshield wipers 
electrical system. ENAC classified the ABT as mandatory and issued AD 
No. 2003-032, dated February 10, 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 the 
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 the following:
    [sbull] Within 5 hours time-in-service (TIS), disable the 
windshield wipers for certain serial-numbered helicopter models. 
Install a placard stating that the windshield wipers are inoperative.
    [sbull] Within 6 months, for certain serial-numbered helicopter 
models, modify the electrical system of the windshield wipers and 
remove the installed placard.
    [sbull] Within 6 months, replace timed relays, P/N T412-DJ1001-C, 
with timed relays, P/N TCD-8070-1001P or T412-2006, for certain serial-
numbered helicopters, and modify the electrical system of the 
windshield wipers.
    Accomplish the actions in accordance with the ABT described 
previously.
    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR

[[Page 1275]]

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 18 helicopters 
of U.S. registry. It would take approximately 3 work hours to disable 
the windshield wipers and modify the electrical system of the 
windshield wipers and 4 work hours per helicopter if the timed relays 
must be replaced by modifying the electrical system of the windshield 
wipers. The average labor rate is $65 per work hour. Required parts 
would cost approximately $367 per helicopter. Based on these figures, 
we estimate that the total cost impact of the proposed AD on U.S. 
operators would be $14,796, assuming the relays are replaced on the 
entire fleet. However, the manufacturer states in its ABT that it will 
reimburse owners for 3 or 4 work hours at a fixed rate of $40 per work 
hour and will provide the parts for free. Assuming a warranty credit of 
4 work hours ($2,880) and free parts ($6,606), the estimated total cost 
impact of this proposed AD would be $5,310.
    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. 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-32-AD.

    Applicability: Model A109E helicopters, certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the incompatibility of certain relays with the 
windshield wiper electrical system, overheating of the resistor due 
to system overload, and an electrical fire, accomplish the 
following:
    (a) For helicopters, serial number (S/N) 11502 through 11504, 
and 11122 through 11130, except 11123, 11127, and 11129:
    (1) Within 5 hours time-in-service, do the following:
    (i) Disable the windshield wipers by following the Compliance 
Instructions, Part I, paragraphs 2.1 through 2.5, of Agusta Alert 
Bollettino Tecnico No. 109EP-27, Revision A, dated February 7, 2003 
(ABT).
    (ii) Install a placard stating that the windshield wipers are 
inoperative by following the Compliance Instructions, Part I, 
paragraph 2.6, of the ABT.
    (2) Within 6 months, modify the electrical system of the 
windshield wipers using the Compliance Instructions, Part II, 
paragraphs 1. through 15., of the ABT, and remove the placard that 
was installed as required by paragraph (a)(1)(ii) of this AD.
    (b) For helicopters, S/Ns 11151, 11501, and 11001 through 11133, 
except 11122, 11124 through 11128, and 11130, with timed relay, part 
number (P/N) T412-DJ1001-C installed, on or before [insert date 1 
year after date of publication of final rule in the Federal 
Register] or when you replace a timed relay, P/N T412-DJ1001-C, with 
either relay, P/N TDH-8070-1001P or P/N T412-2006, whichever occurs 
first:
    (1) If windshield wiper kit, P/N 109-0811-44-105 or -106 is 
installed, modify the windshield wiper electrical system and replace 
the timed relay, P/N T412-DJ1001-C, with a timed relay, P/N TDH-
8070-1001P or P/N T412-2006, by following the Compliance 
Instructions, Part III, paragraphs 1. through 1.16, of the ABT.
    (2) If windshield wiper kit, P/N 109-0811-44-101 or -102 is 
installed, modify the windshield wiper electrical system and replace 
the timed relay, P/N T412-DJ1001-C, with a timed relay, P/N TDH-
8070-1001P or P/N T412-2006, by following the Compliance 
Instructions, Part III, paragraphs 2. through 2.19, of the ABT.
    (c) 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, 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. 2003-032, dated February 10, 
2003.


    Issued in Fort Worth, Texas, on December 31, 2003.
Kim Smith,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 04-369 Filed 1-7-04; 8:45 am]
BILLING CODE 4910-13-P