[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Rules and Regulations]
[Pages 39572-39574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14720]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0256; Directorate Identifier 2007-SW-01-AD; 
Amendment 39-15597; AD 2008-14-02]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model AB 139 and AW 139 
Helicopters

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta 
S.p.A. Model AB 139 and AW 139 helicopters. This AD results from 
mandatory continuing airworthiness information (MCAI) issued by the 
European Aviation Safety Agency (EASA), the Technical Agent for Italy, 
with which we have a bilateral agreement, which indicates that the 
Agusta AB 139's and AW 139's Fuselage Frame 5700 middle section is 
prone to fatigue damage. The actions are intended to detect cracks in 
the fuselage frame structure and to prevent structural failure in this 
area.

DATES: This AD becomes effective on August 14, 2008.
    The incorporation by reference of certain publications is approved 
by the Director of the Federal Register as of August 14, 2008.

ADDRESSES: You may examine the AD docket on the Internet at http://regulations.gov or in person at the Docket Operations office, U.S. 
Department of Transportation, M-30, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., 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 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: The AD docket contains the NPRM, the 
economic evaluation, any comments received, and other information. The 
street address and operating hours for the Docket Operations office 
(telephone (800) 647-5227) are in the ADDRESSES section of this AD. 
Comments will be available in the AD docket shortly after they are 
received.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety 
Engineer,

[[Page 39573]]

FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort 
Worth, Texas 76193-0111, telephone (817) 222-5122, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to Agusta S.p.A. Model AB 139 
and AW 139 helicopters. That NPRM was published in the Federal Register 
on March 7, 2008 (73 FR 12299). That NPRM proposed to require 
repetitive inspections of the fuselage frame structure for a crack, and 
if a crack is found, repairing the crack before further flight in 
accordance with an FAA-approved procedure. You may obtain further 
information by examining the MCAI and any related service information 
in the AD docket.

Comments

    By publishing the NPRM, we gave the public an opportunity to 
participate in developing this AD. However, we received no comment on 
the NPRM or on our determination of the cost to the public. Therefore, 
based on our review and evaluation of the available data, we have 
determined that air safety and the public interest require adopting the 
AD as proposed except for some formatting changes. These changes will 
neither increase the economic burden on any operator nor increase the 
scope of this AD.

Relevant Service Information

    Agusta S.p.A. has issued Bollettino Tecnico No. 139-018, Revision 
B, dated October 18, 2006. The actions described in the MCAI are 
intended to correct the same unsafe condition as that identified in the 
service information.

Differences Between This AD and the MCAI AD

    This AD differs from the MCAI in that the MCAI states ``When damage 
or cracks are found, before next flight, contact the TC Holder for 
further instructions.'' This AD requires repairing the crack before 
further flight in accordance with an FAA-approved procedure if a crack 
is found. Also, this AD requires that the inspection be performed based 
on ``hours time-in-service'' rather than ``flight hours,'' as stated in 
the MCAI.

Costs of Compliance

    We estimate that this AD will affect about 17 helicopters of U.S. 
registry. We also estimate that it will take about 1 work-hour per 
helicopter to comply with the initial and each subsequent recurring 
inspection required by this AD. The average labor rate is $80 per work-
hour. Assuming that 3 recurring inspections will be performed on each 
of the affected helicopters every year after the initial inspection, 
and that 2 of the affected helicopters will require repairs to the 
fuselage middle frame section at $10,000 per repair during the service 
life of these helicopters, we estimate the cost of this AD as follows:
     Initial Inspection Costs: 1 x 80 x 17 = $1360.
     Subsequent Recurring Inspection Costs over the next 20 
years: 1 x 3 x 20 x 80 x 17 = $81,600.
     Repair Costs: 2 x 10,000 = $20,000.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $102,960, or $6,056 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 helicopters 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.
    Therefore, 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 39.13 by adding the following new AD:

2008-14-02 Agusta S.p.A.: Amendment 39-15597. Docket No. FAA-2008-
0256; Directorate Identifier 2007-SW-01-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on 
August 14, 2008.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Agusta S.p.A. Model AB 139 and AW 139 
helicopters, certificated in any category.

Reason

    (d) This AD results from mandatory continuing airworthiness 
information (MCAI) issued by the European Aviation Safety Agency 
(EASA), the Technical Agent for Italy, with which we have a 
bilateral agreement, which indicates that the Agusta AB/AW 139's 
Fuselage Frame 5700 middle section is prone to fatigue damage. These 
fatigue cracks constitute an unsafe condition. The actions are 
intended to detect cracks in the fuselage frame structure and to 
prevent structural failure in this area.

Actions and Compliance

    (e) Required as indicated, unless already done.
    (1) Within the next 10 hours time-in-service (TIS), or upon 
accumulating 100 hours TIS since new, whichever occurs later, 
inspect the fuselage frame 5700 middle section in accordance with 
the Compliance Instructions, pargraphs 1. through 4., of Agusta 
Bollettino Tecnico No. 139-018, Revision B, dated October 18, 2006;
    (2) Thereafter, at intervals not exceeding 100 hours TIS, repeat 
the inspection as required by paragraph (e)(1) of this AD.
    (3) If a crack is found, before further flight, repair the crack 
in accordance with an FAA-approved procedure.

[[Page 39574]]

Differences Between This AD and the MCAI AD

    (f) This AD differs from the MCAI as follows:
    (1) The MCAI states ``When damage or cracks are found, before 
next flight, contact the TC Holder for further instructions.'' If a 
crack is found, this AD requires repairing the crack before further 
flight in accordance with an FAA-approved procedure.
    (2) This AD requires that the inspection be performed based on 
``hours time-in-service'' not ``flight hours.''

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, FAA, FAA, ATTN: Sharon Miles, Aviation 
Safety Engineer, FAA, Rotorcraft Directorate, Regulations and 
Guidance Group, Fort Worth, Texas 76193-0111, telephone (817) 222-
5122, fax (817) 222-5961, has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19.

Related Information

    (h) European Aviation Safety Agency (EASA) Airworthiness 
Directive No. 2006-0357, dated November 29, 2006, contains related 
information.

Air Transport Association of America (ATA) Tracking Code

    (i) ATA Code 5700: Fuselage frame middle section.

Material Incorporated by Reference

    (j) You must use the specified portions of Agusta Bollettino 
Tecnico No. 139-018, Revision B, dated October 18, 2006, to do the 
actions required.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) 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.
    (3) You may review copies at the FAA, Office of the Regional 
Counsel, Southwest Region, 2601 Meacham Blvd., Fort Worth, Texas 
76193; 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 June 19, 2008.
Judy Carl,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E8-14720 Filed 7-9-08; 8:45 am]
BILLING CODE 4910-13-P