[Federal Register Volume 70, Number 44 (Tuesday, March 8, 2005)]
[Proposed Rules]
[Pages 11165-11166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4405]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20511; Directorate Identifier 2004-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 Agusta S.p.A. (Agusta) Model A109E helicopters. This proposal 
would require, within 5 hours time-in-service (TIS), locating relay 
K7212 and its associated cable in the overhead panel assembly and 
visually inspecting the electrical cable in the splice area for arcing 
or burns. If arcing or burns are found, this proposal would require, 
before further flight, replacing an unairworthy cable with an airworthy 
cable kit. This proposal is prompted by an overhead panel inspection 
report of incorrect crimping of the pins on the cable that connects to 
the relay. An electrical cable fault during assembly could result in 
arcing or burning of the cable junction at a relay in the overhead 
electrical panel. The actions specified by this proposed AD are 
intended to detect arcing or burns of the cable or relay and to prevent 
burning of the cable junction at a relay, a fire in the cockpit, and 
subsequent loss of control of the helicopter.

DATES: Comments must be received on or before May 9, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically;
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically;
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590;
     Fax: (202) 493-2251; or
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    You may get the service information identified in this proposed AD 
from Agusta, 21017 Cascina Costa di Samarate (VA) Italy, Via Giovanni 
Agusta 520, telephone 39 (0331) 229111, fax 39 (0331) 229605-222595.
    You may examine the comments to this proposed AD in the AD docket 
on the Internet at http://dms.dot.gov.

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

    We invite you to submit any written data, views, or arguments 
regarding this proposed AD. Send your comments to the address listed 
under the caption ADDRESSES. Include the docket number ``FAA-2005-
20511, Directorate Identifier 2004-SW-32-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed rulemaking. Using the search 
function of our docket Web site, you can find and read the comments to 
any of our dockets, including the name of the individual who sent or 
signed the comment. You may review the DOT's complete Privacy Act 
Statement in the Federal Register published on April 11, 2000 (65 FR 
19477-78), or you may visit http://dms.dot.gov.

Examining the Docket

    You may examine the docket that contains the proposed AD, any 
comments, and other information in person at the Docket Management 
System (DMS) Docket Office between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The Docket Office (telephone 1-800-
647-5227) is located at the plaza level of the Department of 
Transportation NASSIF Building in Room PL-401 at 400 Seventh Street, 
SW., Washington, DC. Comments will be available in the AD docket 
shortly after the DMS receives them.

Discussion

    Ente Nazionale per l'Aiazione Civile (ENAC), the airworthiness 
authority for Italy, notified the FAA that an unsafe condition may 
exist on Agusta Model A109E helicopters. ENAC advises carrying out the 
controls and modification called for by Agusta Bollettino Tecnico No. 
109EP-22, dated November 12, 2001 (BT 109EP-22).
    Agusta has issued BT 109EP-22, which specifies visually inspecting 
the cable for the possible presence of arcing or burns. If the presence 
of arcing or burns are found, the BT specifies modifying the direct 
current electrical system bus bar connections with a kit, P/N 109-0823-
01-101.
    ENAC classified this service bulletin as mandatory and issued AD 
No. 2001-481, dated November 13, 2001, 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, Italy has kept us informed of the 
situation described above. We have 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, within 5 hours 
TIS, visually inspecting the cable, P/N 109-0753-10, for arcing and 
burns in the splice area where it connects to relay K7212. If no arcing 
or burns are found, no further action would be required. If arcing or 
burns are found, this AD would require, before further flight, 
replacing the cable with an airworthy cable kit, P/N 109-0823-01-101, 
and testing the electrical system. The actions would be required to be 
done by following the service bulletin described previously.
    We estimate that this proposed AD would affect 12 helicopters of 
U.S. registry. The proposed actions would take about 1/2 work hour to 
visually inspect and 2.5 work hours to replace the cable per helicopter 
at an average labor rate of $65 per work hour. Required parts would 
cost about $707.

[[Page 11166]]

Based on these figures, we estimate the total cost impact of the 
proposed AD on U.S. operators to be $10,824 assuming the cable would be 
replaced on the entire fleet.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. Additionally, this proposed 
AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a draft economic evaluation of the estimated costs to 
comply with this proposed AD. See the DMS to examine the draft economic 
evaluation.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

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:

Augusta S.p.A: Docket No. FAA-2005-20511; Directorate Identifier 
2004-SW-32-AD.

    Applicability: Model A109E helicopters, serial numbers (S/N) 
11084 through 11113 except S/N 11096, 11103, 11105, 11106, 11107, 
11110, and 11111, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect arcing or burns of the cable or relay and to prevent 
burning of the cable junction at a relay, a fire in the cockpit, and 
subsequent loss of control of the helicopter, do the following:
    (a) Within 5 hours time-in-service, visually inspect the cable, 
part number (P/N) 109-0753-10, for arcing and burns in the splice 
area where it connects to relay K7212. Refer to Figures 1 and 3 of 
the Agusta Bollettino Tecnico No. 109EP-22, dated November 12, 2001 
(ABT) for the location of the cable and the relay in the cockpit 
overhead panel.
    (b) If arcing or burns are found, before further flight, replace 
the cable, P/N 109-0753-10, with an airworthy cable kit, P/N 109-
0823-01-101 and test the electrical system by following the 
Compliance Instructions, Part II, 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, 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 2001-481, dated November 13, 2001.


    Issued in Fort Worth, Texas, on March 1, 2005.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 05-4405 Filed 3-7-05; 8:45 am]
BILLING CODE 4910-13-P