[Federal Register Volume 73, Number 82 (Monday, April 28, 2008)]
[Rules and Regulations]
[Pages 22791-22793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8640]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0431; Directorate Identifier 2008-SW-08-AD; 
Amendment 39-15483; AD 2008-09-03]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model A109A, A109A II, 
and A109C Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
specified Agusta S.p.A. (Agusta) model helicopters. This AD results 
from mandatory continuing airworthiness information (MCAI) originated 
by an aviation authority 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:

    It has been reported, on an A109A helicopter, a case of failure 
of the grooved clamp fixing the engine exhaust duct, with the 
consequent loss of the duct.
    The duct has hit the main and tail rotor producing the loss of 
the tail rotor and the emergency landing of the helicopter.

The fracture of the grooved clamp was due to excessive loads and 
corrosion around the attaching rivets. This AD requires actions that 
are intended to address this unsafe condition.

DATES: This AD becomes effective May 13, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of Agusta Bollettino Tecnico No. 109-123, dated November 16, 
2006, as of May 13, 2008.
    We must receive comments on this AD by June 27, 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.
    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 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: Eric Haight, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort 
Worth, Texas 76193-0111, telephone (817) 222-5204, 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 decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

[[Page 22792]]

Discussion

    EASA, which is the Technical Agent for the aviation authority of 
Italy, has issued AD No. 2007-0041, dated February 21, 2007 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for this 
Italian-certificated product. The MCAI states:

    It has been reported, on an A109A helicopter, a case of failure 
of the grooved clamp fixing the engine exhaust duct, with the 
consequent loss of the duct.
    The duct has hit the main and tail rotor producing the loss of 
the tail rotor and the emergency landing of the helicopter.

The fracture of the grooved clamp was due to excessive loads and 
corrosion around the attaching rivets. Even though the failed part was 
on a Model A109A, the Models A109A II and A109C use the same parts. You 
may obtain further information by examining the MCAI and service 
information.

Relevant Service Information

    Agusta has issued Bollettino Tecnico No. 109-123, dated November 
16, 2006. 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 AD

    These products 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 issuing this AD because we evaluated all pertinent 
information and determined the unsafe condition exists and is likely to 
exist or develop on other products of these same type designs.

Differences Between the AD and the MCAI

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. However, this AD differs from the 
MCAI as follows:
    (1) We refer to flight hours as hours time-in-service (TIS).
    (2) We are requiring the initial inspection to be done within the 
next 20 hours TIS rather than using the date and operating hours 
specified in the MCAI.
    (3) We are not requiring a recurring inspection of the grooved 
clamps, but we intend to propose to mandate the 300 hour time-in-
service or yearly recurring inspection of the grooved clamps through 
our non-emergency rulemaking procedures.
    These differences are highlighted in the ``Differences Between the 
FAA AD and the MCAI'' section of this AD.

Costs of Compliance

    We estimate that this AD will affect about 59 products of U.S. 
registry. We also estimate that it will take about 4 work-hours per 
helicopter to inspect the grooved clamps that attach the engine exhaust 
ducts. The average labor rate is $80 per work-hour. Required parts cost 
is negligible. Based on these figures, we estimate the cost of the AD 
on U.S. operators to be $18,880.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because we 
are requiring an inspection within 20 hours time-in-service (TIS), a 
short time frame. The short inspection time is necessary because of the 
failure of a grooved clamp attaching the external left side engine 
exhaust duct and the consequent loss of the exhaust duct that occurred, 
resulted in an emergency landing. Therefore, we determined that notice 
and opportunity for public comment before issuing this AD are 
impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2008-0431; Directorate 
Identifier 2008-SW-08-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
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 AD.

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 AD will not have federalism implications 
under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify this AD:
    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 AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new AD:


[[Page 22793]]


2008-09-03 Agusta S.p.A.: Amendment 39-15483. Docket No. FAA-2008-
0431; Directorate Identifier 2008-SW-08-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on May 
13, 2008.

Applicability

    (b) This AD applies to Model A109A, A109A II, and A109C 
helicopters, with grooved clamps, part number 4606AC, that attach 
the engine exhaust ducts, installed, certificated in any category.

Reason

    (c) The mandatory continued airworthiness information (MCAI) 
states:
    It has been reported, on an A109A helicopter, a case of failure 
of the grooved clamp fixing the engine exhaust duct, with the 
consequent loss of the duct.
    The duct has hit the main and tail rotor producing the loss of 
the tail rotor and the emergency landing of the helicopter.
    The fracture of the grooved clamp was due to excessive loads and 
corrosion around the attaching rivets.

Actions and Compliance

    (d) Required as indicated, unless already done, do the 
following:
    (1) Within the next 20 hours time-in-service (TIS), remove, 
clean, and using a 10X or higher magnifying glass, inspect the four 
grooved clamps that attach the engine exhaust ducts as shown in 
Figure 1 and by following Steps 3 through 4.2. of the Compliance 
Instructions of Agusta Bollettino Tecnico No. 109-123, dated 
November 16, 2006.
    (2) If you find a crack or corrosion, before further flight, 
replace the unairworthy grooved clamp with an airworthy grooved 
clamp.

Differences Between the FAA AD and the MCAI

    (e) This AD differs from the MCAI as follows:
    (1) We refer to flight hours as hours TIS.
    (2) We are requiring the initial inspection to be done within 
the next 20 hours TIS instead of using the date and operating time 
specified in the MCAI.
    (3) We are not requiring a recurring inspection of the grooved 
clamps, but we intend to propose to mandate the 300 hour time-in-
service or yearly recurring inspection of the grooved clamps through 
our non-emergency rulemaking procedures.
    (f) Air Transport Association of America (ATA) Code 7800: Engine 
Exhaust.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, Rotorcraft Directorate, 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: Eric 
Haight, Aviation Safety Engineer, Regulations and Guidance Group, 
Fort Worth, Texas 76193-0111, telephone (817) 222-5204, 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) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) EASA Mandatory Continuing Airworthiness Information (MCAI) 
AD No. 2007-0041, dated February 21, 2007, contains related 
information.

Material Incorporated by Reference

    (i) The Director of the Federal Register approved the 
incorporation by reference of Agusta Bollettino Tecnico No. 109-123, 
dated November 16, 2006, under 5 U.S.C. 552(a) and 1 CFR part 51.
    (1) For service information identified in this AD, contact 
Agusta, 21017 Cascina Costa di Samarate (VA) Italy, Via Giovanni 
Agusta 520, telephone 39 (0331) 229111, fax 39 (0331) 229605-222595.
    (2) You may review copies of the service information 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/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on April 4, 2008.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E8-8640 Filed 4-25-08; 8:45 am]
BILLING CODE 4910-13-P