[Federal Register Volume 69, Number 108 (Friday, June 4, 2004)]
[Rules and Regulations]
[Pages 31519-31520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12440]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-32-AD; Amendment 39-13652; AD 2004-11-06]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
the specified Agusta S.p.A. (Agusta) model helicopters that requires 
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 
amendment 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 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: Effective July 9, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 9, 2004.

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 National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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: A proposal to amend 14 CFR part 39 to 
include an AD for the specified model helicopters was published in the 
Federal Register on January 8, 2004 (69 FR 1274). That action proposed 
to 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.
    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. 109EP-27, Revision 
A, dated February 7, 2003 (ABT), which specifies modifying the 
electrical installation of windshield wiper 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 wiper 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.
    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. With the 
exception of changing the ABT No. from 109SP-27 as shown in the 
``Discussion'' section of the notice to the correct No.

[[Page 31520]]

109EP-27 in the ``Supplementary'' section of the final rule, the FAA 
has determined that air safety and the public interest require the 
adoption of the rule as proposed.
    The FAA estimates that this AD will affect 18 helicopters of U.S. 
registry. It will 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 will cost 
approximately $367 per helicopter. Based on these figures, we estimate 
the total cost impact of the AD on U.S. operators is $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 AD is $5,310.
    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

0
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

0
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]

0
2. Section 39.13 is amended by adding a new airworthiness directive to 
read as follows:

2004-11-06 Agusta S.p.A: Amendment 39-13652. 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 June 6, 2005, 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.
    (d) Modifying the windshield wiper electrical system shall be 
done following the Agusta Alert Bollettino Tecnico No. 109EP-27, 
Revision A, dated February 7, 2003. The Director of the Federal 
Register approved this incorporation by reference 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 National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (e) This amendment becomes effective on July 9, 2004.

    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 May 21, 2004.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 04-12440 Filed 6-3-04; 8:45 am]
BILLING CODE 4910-13-P