[Federal Register Volume 77, Number 90 (Wednesday, May 9, 2012)]
[Proposed Rules]
[Pages 27144-27146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11197]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0448; Directorate Identifier 2010-SW-016-AD]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. 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 A109S helicopters, which would require 
modifying the electrical power distribution system to carry a higher 
electrical load. This proposed AD is prompted by an electrical failure 
on an Agusta Model A109E helicopter that resulted from ``inadequate 
functioning of the 35 amperes (amps) BATT BUS circuit breaker.'' The 
proposed actions are intended to require modifying the electrical power 
distribution system to prevent failure of the circuit breaker, loss of 
electrical power to instruments powered by the ``BATT BUS'' system,

[[Page 27145]]

and subsequent loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by July 9, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: (202) 493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address 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 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 service information identified in this proposed AD, contact 
Agusta, S.p.A., Via Giovanni Agusta 520, 21017 Cascina Costa di 
Samarate (VA), Italy, ATTN: Giovanni Cecchelli; telephone 39-0331-
711133; fax 39-0331-711180; or at http://www.agustawestland.com/technical-bullettins. You may review a copy of the referenced service 
information at the FAA, Office of the Regional Counsel, Southwest 
Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Mark F. Wiley, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to participate in this rulemaking by submitting 
written comments, data, or views. We also invite comments relating to 
the economic, environmental, energy, or federalism impacts that might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should send only one copy of written comments, or if comments are filed 
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as 
a report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for Italy, a Member State of the European Union, issued EASA AD 
No. 2009-0137, dated June 23, 2009, for the Agusta Model A109E 
helicopter to correct an unsafe electrical condition caused by an 
inadequately functioning circuit breaker that was not within design 
requirements. That EASA AD required installing a ``BATT BUS'' circuit 
breaker modification kit on the Model A109E helicopters. Based on the 
unsafe condition created by this circuit breaker as described in EASA 
AD No. 2009-0137, the FAA issued AD 2010-20-21 (75 FR 61341, October 5, 
2010; Correction published at 75 FR 65224, October 22, 2010) to require 
installing a ``BATT BUS'' circuit breaker modification kit on Model 
A109E helicopters in the United States. Subsequently, EASA issued AD 
No. 2009-0264, dated December 15, 2009, to correct the same unsafe 
condition on the Agusta Model A109S helicopters due to the design 
commonality between the electrical power distribution system of the 
Model A109E and A109S helicopters. The FAA is now proposing to issue 
this AD for the Model A109S helicopters to correct this same unsafe 
condition.

FAA's Determination

    These 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, its technical representative, 
has notified us of the unsafe condition described in the EASA AD.
    We are proposing this AD because we evaluated all information 
provided by EASA and determined that an unsafe condition exists and is 
likely to exist or develop on other products of the same type design.

Related Service Information

    Agusta has issued Bollettino Tecnico No. 109S-35, dated December 
11, 2009 (BT), which specifies modifying and testing the ``BATT BUS'' 
circuit breaker installation. The EASA classified this BT as mandatory 
and issued AD No. 2009-0264, dated December 15, 2009, to ensure the 
continued airworthiness of these helicopters.

Proposed AD Requirements

    This proposed AD would require compliance with specified portions 
of the manufacturer's service bulletin including modifying the 
electrical power distribution system by installing a ``BATT BUS'' 
Circuit Breaker Modification Kit, part number 109-0824-73-107, and 
thereafter, testing for proper functioning of the electrical system.

Differences Between This Proposed AD and the EASA AD

    This proposed AD does not reference the calendar date of June 30, 
2010, which has already passed.

Costs of Compliance

    We estimate that this proposed AD would affect 15 helicopters of 
U.S. Registry. We estimate that operators may incur the following costs 
in order to comply with this AD. It would take about 8 work-hours per 
helicopter to install the `BATT BUS' circuit breaker modification kit 
at an average labor rate of $85 per work-hour and required parts would 
cost about $471 per helicopter. Based on these figures, we estimate the 
total cost impact of the proposed AD on U.S. operators to be $17,265.
    According to the service information of the production approval 
holder (PAH), some of the costs of this proposed AD may be covered 
under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage by the PAH. 
Accordingly, we have included all costs in our cost estimate.

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.

[[Page 27146]]

    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, 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);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. 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 
airworthiness directive (AD):

AGUSTA S.p.A.: Docket No. FAA-2012-0448; 2010-SW-016-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. (Agusta) Model A109S 
helicopters, serial numbers up to and including 22151, certificated 
in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of the 35 ampere 
(amp) ``BATT BUS,'' which could result in an electrical failure and 
fire, loss of electrical power to instruments powered by the ``BATT 
BUS'' system, and subsequent loss of control of the helicopter.

(c) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(d) Required Actions

    Within 50 hours time-in-service, modify the electrical power 
distribution system by installing the ``BATT BUS'' Circuit Breaker 
Modification Kit, part number 109-0824-73-107, as depicted in 
Figures 1 through 3 and by following the Compliance Instructions, 
paragraphs 4. through 7., of Agusta Bollettino Tecnico No. 109S-35, 
dated December 11, 2009 (ASB). Thereafter, operationally test the 
electrical system by following paragraphs 19.1 through 19.7 of the 
ASB.

(e) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the helicopter to a location where the 
requirements of this AD can be accomplished provided that you do not 
simultaneously operate the landing light and the search light.

(f) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Mark F. Wiley, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-
5110; email [email protected].
    (2) For operations conducted under a Part 119 operating 
certificate or under Part 91, Subpart K, we suggest that you notify 
your principal inspector, or lacking a principal inspector, the 
manager of the local flight standards district office or certificate 
holding district office before operating any aircraft complying with 
this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (Italy) AD No. 2009-0264, dated December 15, 2009.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 2460, DC Power/
Distribution System.

    Issued in Fort Worth, Texas, on April 17, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-11197 Filed 5-8-12; 8:45 am]
BILLING CODE 4910-13-P