[Federal Register Volume 73, Number 54 (Wednesday, March 19, 2008)]
[Proposed Rules]
[Pages 14733-14735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5495]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0327; Directorate Identifier 2007-SW-21-AD]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.a. Model A109E and A119 
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
specified helicopters. This proposed AD results from a mandatory 
continuing airworthiness information (MCAI) AD originated by an 
aviation authority of another country to identify and correct an unsafe 
condition on an aviation product. The European Aviation Safety Agency 
(EASA), the Technical Agent for Italy, with which we have a bilateral 
agreement, states in the MCAI:

    Some cases of interference between the hydraulic pipe, P/N 109-
0761-65-103, and the tail rotor control rod assembly have been 
detected on Model A109E helicopters.
    The interference, if not corrected, could damage the hydraulic 
pipes and lead to the loss of the hydraulic system No. 1 in flight. 
This AD * * * is issued to extend the same mandatory corrective 
actions to A119 model due to its design similarity with A109E.

The proposed AD would require actions that are intended to address this 
unsafe condition.

DATES: We must receive comments on this proposed AD by April 18, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, 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.
    Examining the AD Docket: You may examine the AD docket on the 
Internet at http://www.regulations.gov or in person at the Docket 
Operations office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this proposed AD, the 
economic evaluation, any comments received, and other information. The 
street address for the Docket Operations office (telephone (800) 647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Uday Garadi, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort 
Worth, Texas 76193-0110, telephone (817) 222-5123, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decisionmaking responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0327; 
Directorate Identifier 2007-SW-21-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued an 
MCAI in the form of EASA AD No. 2007-0231, dated August 23, 2007 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for these Italian-certificated products. The MCAI states:

    Some cases of interference between the hydraulic pipe, P/N 109-
0761-65-103, and the tail rotor control rod assembly have been 
detected on Model A109E helicopters.
    The interference, if not corrected, could damage the hydraulic 
pipes and lead to the loss of the hydraulic system No. 1 in flight. 
This AD * * * is issued to extend the same mandatory corrective 
actions to A119 model due to its design similarity with A109E.

You may obtain further information by examining the MCAI and service 
information in the AD docket.

Relevant Service Information

    Agusta has issued Bollettino Tecnico (BT) No. 109EP-73, dated 
December 4, 2006, applicable to Model A109E helicopters, and BT No. 
119-22, dated July 11, 2007, applicable to Model A119 helicopters. The 
actions described in the MCAI are intended to correct the same unsafe 
condition as that identified in the service information.

FAA's Determination and Requirements of This Proposed AD

    These model helicopters have been approved by the aviation 
authority of Italy, and are approved for operation in the United 
States. Pursuant to our bilateral agreement with this State of Design 
Authority, we have been notified of the unsafe condition described in 
the MCAI and service information. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in

[[Page 14734]]

general, agree with their substance. However, this AD requires 
replacement of hydraulic lines within 180 days, unless previously 
accomplished, instead of replacing the hydraulic lines on the dates 
specified in the MCAI. In making these changes, we do not intend to 
differ substantively from the information provided in the MCAI and 
related service information. These differences are highlighted in the 
``Differences Between the FAA AD and the MCAI'' section in the proposed 
AD.

Costs of Compliance

    We estimate that this proposed AD would affect about 78 helicopters 
of U.S. registry and that it would take about 2 work-hours per 
helicopter to inspect and 16 work-hours per helicopter to replace the 
hydraulic lines. The average labor rate is $80 per work-hour. Required 
parts would cost about $562 per helicopter, assuming these parts are no 
longer under warranty. However, because the service information lists 
these parts as covered under warranty, we have assumed that there will 
be no charge for these parts.
    Therefore, as we do not control warranty coverage for affected 
parties, some parties may incur costs higher than estimated here. Based 
on these figures, we estimate the cost of the proposed AD on U.S. 
operators to be $112,320, or $1,440 per helicopter.

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.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. 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 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. 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 an economic evaluation of the estimated costs to comply 
with this proposed AD and placed it in the AD docket.

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 FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

Agusta. S.p.a.: Docket No. FAA-2008-0327; Directorate Identifier 
2007-SW-21-AD.

Comments Due Date

    (a) We must receive comments by April 18, 2008.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Agusta S.p.a. Model A109E and A119 
helicopters, with hydraulic lines, part number (P/N) 109-0761-64-103 
or P/N 109-0761-65-103, installed, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states:
    Some cases of interference between the hydraulic pipe, P/N 109-
0761-65-103, and the tail rotor control rod assembly have been 
detected on Model A109E helicopters.
    The interference, if not corrected, could damage the hydraulic 
pipes and lead to the loss of the hydraulic system No. 1 in flight. 
This AD * * * is issued to extend the same mandatory corrective 
actions to A119 model due to its design similarity with A109E.

Actions and Compliance

    (e) Within the next 50 hours time-in-service (TIS), unless 
accomplished previously, and thereafter at intervals not to exceed 
100 hours TIS:
    (1) Inspect for interference between the hydraulic lines, P/N 
109-0761-64-103 and P/N 109-0761-65-103, and the tail rotor control 
rod assembly, P/N 109-0032-01-41, in accordance with the Compliance 
Instructions, Part I, paragraph 3, of Agusta Bollettino Tecnico (BT) 
No. 109EP-73, dated December 4, 2006 (BT A109E), which is applicable 
to Model A109E helicopters, or BT 119-22, dated July 11, 2007 (BT 
119-22), which is applicable to Model A119 helicopters.
    (2) If you find interference between the hydraulic lines and the 
tail rotor control rod assembly, replace the hydraulic lines, P/N 
109-0761-64-103 and P/N 109-0761-65-103, with hydraulic lines, P/N 
109-0763-96-101 and P/N 109-0763-97-101, respectively, in accordance 
with the Compliance Instructions, Part II of BT A109E or BT 119-22, 
whichever is applicable to your model helicopter.
    (f) Within 180 days, replace hydraulic lines, P/N 109-0761-64-
103 and P/N 109-0761-65-103, with hydraulic lines, P/N 109-0763-96-
101 and P/N 109-0763-97-101, respectively, in accordance with the 
Compliance Instructions, Part II, of BT A109E or BT 119-22, 
whichever is applicable to your model helicopter.

Differences Between the FAA AD and the MCAI

    (g) This AD requires replacement of hydraulic lines, P/N 109-
0761-64-103 and P/N 109-0761-65-103, within 180 days, unless 
previously accomplished, instead of replacing the hydraulic lines on 
the dates specified in the MCAI.

Subject

    (h) Air Transport Association of America (ATA) Code 2910--Main 
Hydraulic System.

Other Information

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Regulations and Policy Group, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. Send information to ATTN: Uday Garadi, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance 
Group, Fort Worth, Texas 76193-0110, telephone (817) 222-5123, fax 
(817) 222-5961.
    (2) Airworthy Product: Use only FAA-approved corrective actions. 
Corrective actions are considered FAA-approved if they are approved 
by the State of Design Authority (or their delegated agent) if the 
State of Design has an appropriate bilateral agreement with the 
United States. You are required to assure the product is airworthy 
before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB)

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has approved the information collection requirements and has 
assigned OMB Control Number 2120-0056.

Related Information

    (j) MCAI EASA AD No 2007-0231, dated August 23, 2007 contains 
related information.

    Issued in Fort Worth, Texas, on March 10, 2008.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E8-5495 Filed 3-18-08; 8:45 am]
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