[Federal Register Volume 74, Number 44 (Monday, March 9, 2009)]
[Proposed Rules]
[Pages 9971-9973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4943]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0168; Directorate Identifier 2007-SW-33-AD]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model AB139 and AW139 
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 
Agusta S.p.A. (Agusta) Model AB139 and AW139 helicopters. This proposed 
AD results from mandatory continuing airworthiness information (MCAI) 
originated by an aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The aviation 
authority of Italy, with which we have a bilateral agreement, states in 
the MCAI that during the installation of a fire extinguisher bottle on 
a new helicopter, it was found that the electrical receptacle/
connectors on the bottle which commands the firing of the extinguishing 
agent were swapped between engines No. 1 and No. 2. This condition 
could affect helicopters already in service and fire extinguisher 
bottles of the same part number in stock as spare parts. If not 
corrected, an improperly wired fire extinguishing bottle might cause 
the extinguishing agent to be discharged toward the unselected engine 
when the system is activated, rather than toward the engine with the 
fire. The proposed AD would require determining if each engine has the 
proper outlet end on the electrical receptacle/connector that attaches 
the firing cartridge to the fire extinguisher bottle, and if not, 
replacing the fire extinguisher bottle. The proposed AD is intended to 
prevent the fire extinguishing agent from not discharging toward the 
engine with the fire, which could result in loss of the helicopter due 
to an engine fire.

DATES: We must receive comments on this proposed AD by April 8, 2009.

[[Page 9972]]


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, Via Giovanni Agusta, 520 21017 Cascina Costa di Samarate 
(VA), Italy, telephone 39 0331-229111, fax 39 0331-229605/222595, or at 
http://customersupport.agusta.com/technical_advice.php.
    Examining the 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: John Strasburger, Aviation Safety 
Engineer FAA, Rotorcraft Directorate, Regulations and Policy Group, 
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5167; 
fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

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-2009-0168; 
Directorate Identifier 2007-SW-33-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 Ente Nazionale Per L'Aviazione Civile, which is the aviation 
authority for Italy, has issued an MCAI in the form of Airworthiness 
Directive No. 2007-227, dated June 18, 2007, (referred to after this as 
``the MCAI''), to correct an unsafe condition for these Italian-
certificated products. The MCAI states that during the installation of 
a fire extinguisher bottle, part number (P/N) 3G2620V00131, on a 
helicopter during manufacture, it was found that the electrical 
receptacle/connectors on the bottle which commands the firing of the 
extinguishing were swapped between engines No. 1 and No. 2. This 
condition could affect helicopters already in service and fire 
extinguisher bottles of the same part number in stock as spare parts. 
If not corrected, an improperly wired fire extinguishing bottle might 
cause the extinguishing agent to be discharged toward the unselected 
engine when the system is activated, rather than toward the engine with 
the fire. The proposed AD would require determining if each engine has 
the proper outlet end on the electrical receptacle/connector that 
attaches the firing cartridge to the fire extinguisher bottle, and if 
not, replacing the fire extinguisher bottle. The proposed AD is 
intended to prevent the fire extinguishing agent from not discharging 
toward the engine with the fire, which could result in loss of the 
helicopter due to an engine fire.
    You may obtain further information by examining the MCAI and 
service information in the AD docket.

Relevant Service Information

    Agusta has issued Bollettino Tecnico No. 139-085, dated May 18, 
2007. 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 Proposed Requirements

    This product has been approved by the aviation authority of Italy, 
and is 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 the 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 the same type design.

Differences Between This AD and the MCAI

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. However, our AD differs from the 
MCAI to clarify the unsafe condition and compliance instructions. 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 20 helicopters 
of U.S. registry and that it would take about 1 work-hour per 
helicopter to verify the correct installation of electrical 
receptacles/connectors on the two fire extinguisher bottles. We also 
estimate that it would take about 3 work-hours per helicopter to 
replace a fire extinguisher bottle with the inverted electrical 
receptacles/connectors and that about 5% (2 bottles) of the fire 
extinguisher bottles in the fleet would have to be replaced. The cost 
of a replacement fire extinguisher bottle is $10,300. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $22,680.

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

[[Page 9973]]

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, Incorporation by 
reference, 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-2009-0168; Directorate Identifier 
2007-SW-33-AD.

Comments Due Date

    (a) We must receive comments by April 8, 2009.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model AB139 helicopters, serial number 
(S/N) 31005 through 31054, except S/N 31007, and AW139 helicopters, 
S/N 31055 through 31067, S/N 31070, and S/N 31071, certificated in 
any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states that during the installation of a fire extinguisher bottle, 
part number 3G2620V00131, on a helicopter during manufacture, it was 
found that the electrical receptacle/connectors on the bottle which 
commands the firing of the extinguishing agent were swapped between 
engines No. 1 and No. 2. This condition could affect helicopters 
already in service and fire extinguisher bottles of the same part 
number in stock as spare parts. If not corrected, an improperly 
wired fire extinguishing bottle might cause the extinguishing agent 
to be discharged toward the unselected engine when the system is 
activated, rather than toward the engine with the fire. The proposed 
AD would require determining if each engine has the proper outlet 
end on the electrical receptacle/connector that attaches the firing 
cartridge to the fire extinguisher bottle, and if not, replacing the 
fire extinguisher bottle. The proposed AD is intended to prevent the 
fire extinguishing agent from not discharging toward the engine with 
the fire, which could result in loss of the helicopter due to an 
engine fire.

Actions and Compliance

    (e) Within 100 hours time-in-service (TIS) or 3 months, 
whichever occurs first, unless already done, do the following 
actions.
    (1) Determine whether the fire extinguishing bottle (bottle) for 
engines No. 1 and No. 2 have the proper outlet end on the electrical 
receptacle/connector, which attaches the firing cartridge to the 
bottle, by following steps 4. and 5. of the Compliance Instructions 
in Agusta Bollettino Tecnico No. 139-085, dated May 18, 2007 (BT).
    (2) If a bottle has an electrical receptacle/connector for the 
firing cartridge with an improper outlet end, before further flight, 
replace the bottle with a bottle that has an electrical receptacle/
connector with a proper outlet end in accordance with step 6. of the 
Compliance Instructions in the BT.

Differences Between the FAA AD and the MCAI

    (f) This AD uses the term ``hours time-in-service'' rather than 
``flight hours.''

Other FAA Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, Rotorcraft Directorate, FAA, ATTN: John 
Strasburger, Aviation Safety Engineer, FAA, Rotorcraft Directorate, 
Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas 
76193-0111; telephone (817) 222-5167; 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) MCAI Ente Nazionale Per L'Aviazione Civile Airworthiness 
Directive No. 2007-227, dated June 18, 2007, contains related 
information.

Air Transport Association of America (ATA) Tracking Code

    (i) ATA Code 2621: Fire Bottle, Fixed.

    Issued in Fort Worth, Texas, on February 19, 2009.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E9-4943 Filed 3-6-09; 8:45 am]
BILLING CODE 4910-13-P