[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Rules and Regulations]
[Pages 45754-45756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21116]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0804; Directorate Identifier 2008-SW-56-AD; 
Amendment 39-16013; AD 2009-18-17]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model AB412 and AB412 EP 
Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
specified Agusta S.p.A. (Agusta) Model AB412 and AB412 EP helicopters. 
This AD results from mandatory continuing airworthiness information 
(MCAI) issued by the European Aviation Safety Agency (EASA), which is 
the Technical Agent for the Member States of the European Community. 
The MCAI establishes a life limit for certain rescue hoist cable 
assemblies and introduces the term ``hoist lift'' for determining cable 
life instead of the term ``hoist cycle.'' The MCAI also establishes a 
replacement time for each affected rescue hoist cable assembly (hoist 
cable assembly) for which the accumulated number of ``hoist cycles'' 
cannot be determined. The actions are intended to prevent failure of a 
hoist cable and inadvertent loss of a load.

DATES: This AD becomes effective on September 21, 2009.
    We must receive comments on this AD by November 3, 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 your 
comments electronically.
     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 AD from 
Agusta, Via Giovanni Agusta, 520 21017 Cascina

[[Page 45755]]

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 AD, any comments received, and 
other information. The street address for the Docket Operations office 
(telephone (800) 647-5527) is stated in the ADDRESSES section of this 
AD. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group, 
2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5122, 
fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Community, has issued EASA AD No. 2008-0142-E, dated July 30, 
2008, to correct an unsafe condition associated with hoist cable 
assemblies installed on Agusta Model AB412 and AB412 EP helicopters. 
The MCAI establishes a life limit for certain hoist cable assemblies 
and introduces the term ``hoist lift'' for determining cable life 
instead of the term ``hoist cycle.'' The MCAI also establishes a 
replacement time for each affected hoist cable assembly for which the 
accumulated number of ``hoist cycles'' cannot be determined. The 
actions are intended to prevent failure of a hoist cable assembly and 
inadvertent loss of a hoist load.
    You may obtain further information by examining the MCAI and any 
related service information in the AD docket.

Related Service Information

    Agusta has issued Alert Bollettino Tecnico No. 412-126, dated July 
28, 2008 (ABT). The actions described in the MCAI are intended to 
correct the same unsafe condition as that identified in the service 
information.

FAA's Evaluation and Unsafe Condition Determination

    The Agusta Model AB412 and AB412 EP 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 Italy, 
EASA, Italy's Technical Agent, has notified us of the unsafe condition 
described in the MCAI. We are issuing this AD because we evaluated all 
information provided by EASA and determined the unsafe condition exists 
and is likely to exist or develop on other Model AB412 and AB412 EP 
helicopters of these same type designs.
    There are no products of this type currently registered in the 
United States. However, this rule is necessary to ensure that the 
described unsafe condition is addressed if any of these products are 
placed on the U.S. Registry in the future.

Differences Between This AD and the MCAI AD

    We use the term ``before further flight'' rather than ``before next 
flight. Also, we are using ``before further flight'' rather than 
October 31, 2008, for replacing a hoist cable assembly if you cannot 
determine the ``hoist cycles'' or the date of hoist cable installation.

Costs of Compliance

    There are no costs of compliance since there are no helicopters of 
this type design on the U.S. Registry.

FAA's Determination of the Effective Date

    Since there are currently no affected U.S. registered helicopters, 
we have determined that notice and opportunity for prior public comment 
before issuing this AD are unnecessary and that good cause exists for 
making this amendment effective in less 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. However, we invite you to send us any written data, views, or 
arguments concerning this AD. Send your comments to an address listed 
under the ADDRESSES section of this AD. Include ``Docket No. FAA-2009-
0804; Directorate Identifier 2008-SW-56-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 product(s) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 45756]]


2009-18-17 Agusta S.p.A.: Amendment 39-16013. Docket No. FAA-2009-
0804; Directorate Identifier 2008-SW-56-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on 
September 21, 2009.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model AB412 and AB412 EP helicopters, 
with internal hoist, part number (P/N) 214-070-300-1 (Goodrich P/N 
42277-1); external hoist P/N BL-10300-60 (Breeze Eastern) or P/N BL-
20200-SERIES (Breeze Eastern), installed, certificated in any 
category.

Reason

    (d) The actions are intended to prevent failure of a hoist cable 
and inadvertent loss of a load.

Actions and Compliance

    (e) Required as indicated, do the following:
    (1) Before further flight, for rescue hoist cable assemblies, P/
N 42305-179, 42277-178 (internal hoist cable assembly) and P/N BL-
6260, BL-9149-3 (external hoist cable assembly), determine the 
number of accumulated ``hoist cycles'' for each hoist cable assembly 
and add that to the number of accumulated ``hoist lifts.'' A hoist 
lift is defined as an unreeling and recovery of the cable with a 
load attached to the hook, regardless of the length of the cable 
that is deployed or recovered. An unreeling or recovery of the cable 
with no load on the hook is not considered to be a lift.
    (2) Before conducting the next hoist operation, replace any 
hoist cable assembly that has reached or exceeded 1,500 accumulated 
hoist lifts or 4 years from initial installation, whichever occurs 
first.
    (3) If you cannot determine the ``hoist cycles'' or the date of 
the hoist cable assembly installation, before further flight, 
replace the hoist cable assembly with an airworthy hoist cable 
assembly.
    (4) This AD revises the Airworthiness limitations section of the 
maintenance manual by adding a life limit of 1,500 hoist lifts or 4 
years, whichever occurs first, for the affected hoist cable 
assemblies.

Differences Between This AD and the MCAI AD

    (f) We use the term ``before further flight'' rather than 
``before next flight. Also, we are using ``before further flight'' 
rather than October 31, 2008, for replacing a hoist cable if you 
cannot determine the ``hoist cycles'' or the date of hoist cable 
assembly installation.

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, FAA, ATTN: Sharon Miles, Aerospace 
Engineer, Regulations and Policy Group, 2601 Meacham Blvd., 
Rotorcraft Directorate, Fort Worth, Texas 76137, 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) The European Aviation Safety Agency (EASA) MCAI 
Airworthiness Directive No. 2008-0142-E, dated July 30, 2008, and 
Agusta Alert Bollettino Tecnico No. 412-126, dated July 28, 2008, 
contain related information.

Joint Aircraft System/Component (JASC) Code

    (i) JASC Code 1400: Miscellaneous Hardware.

    Issued in Fort Worth, Texas, on August 26, 2009.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-21116 Filed 9-3-09; 8:45 am]
BILLING CODE 4910-13-P