[Federal Register Volume 74, Number 54 (Monday, March 23, 2009)]
[Proposed Rules]
[Pages 12096-12098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6224]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0226; Directorate Identifier 2007-SW-35-AD]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model A109E, A109S, A119, 
and AW119MKII 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 A109E, A109S, A119, and AW119MKII 
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 European Aviation Safety Agency (EASA), the 
Technical Agent for the aviation authority of Italy, with which we have 
a bilateral agreement, has issued an MCAI AD which states that two 
cases of cracks on a certain cargo hook lever (lever) have been 
reported by the manufacturer of the cargo hook. This lever is a 
critical structural component of the cargo hook, and a crack could 
result in inadvertent loss of the cargo hook load. The proposed AD 
would require actions that are intended to address the unsafe condition 
caused by cracks in the cargo hook lever.

DATES: We must receive comments on this proposed AD by April 22, 2009.

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

[[Page 12097]]

this proposed AD. Send your comments to an address listed under the 
ADDRESSES section. Include ``Docket No. FAA-2009-0226; Directorate 
Identifier 2007-SW-35-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

    EASA, which is the Technical Agent for the Member States of the 
European Community, has issued EASA Emergency AD No. 2007-0160-E, dated 
June 7, 2007 (referred to after this as ``the MCAI''), to correct an 
unsafe condition for these Italian-manufactured products. The MCAI 
states that two cases of cracks in the cargo hook lever (lever), part 
number (P/N) 232-028-00, have been reported by the manufacturer of the 
cargo hook. The lever is a component of the cargo hook, P/N 528-010-01. 
This lever is a critical structural component of the cargo hook, and a 
crack could result in inadvertent loss of the cargo hook load.
    You may obtain further information by examining the MCAI and 
service information in the AD docket.

Relevant Service Information

    Agusta has issued Alert Bollettino Tecnico (ABT) No. 109EP-78, ABT 
No. 109S-12, and ABT No. 119-21, all dated June 6, 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

    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 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 AD

    We have reviewed the MCAI and, in general, agree with its 
substance. However, we have made the following changes:
     Excluded the August 31, 2007 compliance date because that 
date has passed;
     Excluded the Model A109LUH from the applicability and do 
not reference Agusta ABT No. 109L-006 because the Model A109LUH 
helicopter is not on the U.S. type certificate, H7EU;
     Added the Model AW119MKII to the applicability;
     Proposed to require the use of a 10-power or higher 
magnifying glass to accomplish the visual inspections; and
     Excluded the kit installation P/N, relying instead on the 
cargo hook and lever P/N.

These differences are highlighted in the ``Differences Between the FAA 
AD and the MCAI AD'' section in the proposed AD.

Costs of Compliance

    We estimate that this proposed AD would affect about 26 helicopters 
on the U.S. Registry with the cargo hook. We also estimate that it 
would take about 10 minutes to inspect each cargo hook for a crack, and 
about 1 work-hour to replace a cracked cargo hook. The average labor 
rate is $80 per work-hour. Required parts would cost about $3,677 per 
cargo hook. Based on these figures, we estimate the cost of the 
proposed AD on U.S. operators to be $97,647 per year, assuming that 
each affected helicopter would require five inspections per week, and 
that two cargo hooks would have to be replaced each year.

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, 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-2008-0226; Directorate Identifier 
2007-SW-35-AD.

Comments Due Date

    (a) We must receive comments by April 22, 2009.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model A109E, A109S, A119, and AW119MKII 
helicopters with cargo hook, part number (P/N) 528-010-01, and cargo 
hook lever, P/N 232-028-00, installed, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states that two cases of cracks in the lever, P/N 232-028-00, have 
been reported by the

[[Page 12098]]

manufacturer of the cargo hook. The lever is a component of the 
cargo hook, P/N 528-010-01. This lever is a critical structural 
component of the cargo hook, and a crack could result in inadvertent 
loss of the cargo hook load.

Actions and Compliance

    (e) Before each cargo hook operation, visually inspect the cargo 
hook lever, P/N 232-028-00, for any crack. Use a 10-power or higher 
magnifying glass and inspect in the area depicted in Figures 1 and 2 
of the following Agusta Alert Bollettino Tecnico (ABT), all dated 
June 6, 2007:
    (1) ABT No. 109EP-78 for Model A109E helicopters;
    (2) ABT No. 109S-12 for Model A109S helicopters; or
    (3) ABT No. 119-21 for Model A119 helicopters.
    (f) If a crack is found in the lever, do not use the cargo hook 
until the entire cargo hook is replaced with an airworthy cargo hook 
with an uncracked lever.

Differences Between the FAA AD and the MCAI AD

    (g) This AD differs from the MCAI AD in that we:
    (1) Exclude the August 31, 2007 compliance date because that 
date has passed;
    (2) Exclude the Model A109LUH from the applicability and do not 
reference Agusta ABT No. 109L-006 because the Model A109LUH 
helicopter is not on the U.S. type certificate, H7EU;
    (3) Add the Model AW119MKII to the applicability;
    (4) Require the use of a 10-power or higher magnifying glass to 
accomplish the visual inspections; and
    (5) Exclude the kit installation P/N, relying instead on the 
cargo hook and lever P/N.

Other Information

    (h) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management 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: John Strasburger, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 222-5167; 
fax (817) 222-5961.

Related Information

    (i) EASA Emergency AD No. 2007-0160-E, dated June 7, 2007, 
contains related information.

Air Transport Association of America (ATA) Tracking Code

    (j) Air Transport Association of America (ATA) Code 2550: Cargo 
Compartments.

    Issued in Fort Worth, Texas on March 4, 2009.
Jerald E. Strentz,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-6224 Filed 3-20-09; 8:45 am]
BILLING CODE 4910-13-P