[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Proposed Rules]
[Pages 30236-30238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12401]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0529; Directorate Identifier 2011-SW-050-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 
certain Agusta S.p.A. (Agusta) Model AW139 helicopters. This proposed 
AD is prompted by the discovery of improper installation of solder 
splices on the co-pilot audio system causing intermittent noise through 
the audio system during flight. The proposed actions are intended to 
prevent degradation and complete loss of communications between the 
pilot and co-pilot during flight, impairing the co-pilot's capability 
to react immediately to operational difficulties, which could lead to 
subsequent loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by July 23, 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 Westland, Customer Support & Services, Via Per Tornavento 15, 
21019 Somma Lombardo (VA) Italy, Attn: Giovanni Cecchelli; telephone 
39-0331-711133; fax 39 0331 711180; or at http://www.agustawestland.com/technical-bullettins. You may review copies 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: John VanHoudt, Aerospace Engineer, 
FAA, Rotorcraft Directorate, Regulations and Policy Group, 2601 Meacham 
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5167, 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 the Member States of the European Union, has issued AD No.: 
2011-0140, dated July 20, 2011 (2011-0140), to correct an unsafe 
condition for certain Agusta AW139 helicopters. EASA advises that some 
occurrences of intermittent noise in the co-pilot audio system have 
been reported. The technical investigation carried out by Agusta showed 
that some of the solder splices on the audio panel were the

[[Page 30237]]

possible cause of these malfunctions. This condition, if not detected 
and corrected, could impair the co-pilot's capability to react 
immediately to operational difficulties. The EASA AD requires 
inspecting the solder splices and related wires for their condition and 
for proper installation, and if required, replacing the solder splices.

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

Related Service Information

    Agusta has issued Bollettino Tecnico (BT) No. 139-249, dated July 
13, 2011 (BT 139-249), which specifies performing an inspection and 
manual pull-test of the solder splices and replacing any splices which 
fail the inspection or pull-test. EASA classified this BT as mandatory 
and issued 2011-0140 to ensure the continued airworthiness of these 
helicopters.

Proposed AD Requirements

    This proposed AD would require, within 500 hours time-in-service 
(TIS) or 5 months or when an ``AVIONICS FAULT'' crew alerting system 
(CAS) message is displayed, whichever occurs first, replacing all 
solder splices identified in BT 139-249. The actions would be required 
to be accomplished by following specified portions of the service 
bulletin described previously.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires performing a visual inspection and manual 
pull-test of the solder splices, while this proposed AD does not. The 
EASA AD requires compliance within 600 flight hours or 6 months, while 
this proposed AD would require compliance within 500 hours TIS or 5 
months.

Costs of Compliance

    We estimate that this proposed AD would affect 32 helicopters of 
U.S. Registry. We estimate that operators may incur the following costs 
in order to comply with this AD. Replacing the solder splices will 
require approximately 110 work-hours at an average labor cost of $85 
per hour and required parts will cost $200, for a total cost per 
helicopter of $9,550 and a total cost to the U.S. operator fleet of 
$305,600.

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, 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. Helicopters: Docket No. FAA-2012-0529; Directorate 
Identifier 2011-SW-050-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. Model AW139 helicopters, serial 
numbers 31248, 31249, 41001 through 41023, 41201 through 41234, 
41236, 41237 through 41255 (except 41240, 41242, 41246, 41249, 
41251, and 41252), and 41257, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as intermittent noise 
through the audio system during flight caused by improper 
installation of solder splices on the co-pilot's audio panel. This 
condition could result in degradation and complete loss of 
communications between the pilot and co-pilot during flight, 
impairing the co-pilot's capability to react immediately to 
operational difficulties, which could lead to 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 Action

    Within 500 hours time-in-service or 5 months, or in the event of 
an AVIONICS FAULT crew alerting system (CAS) message, whichever 
occurs first, replace the co-pilot audio panel solder splices, 
listed in Tables 1 and 2 of Agusta Bollettino Tecnico No. 139-249, 
dated July 13, 2011 (ABT), in accordance with paragraphs 7.1 through 
7.11. and Figures 12, 14, and 15 of the ABT.

(e) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: John VanHoudt, Aerospace 
Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group, 
2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-
5167, email [email protected].
    (2) For operations conducted under 14 CFR part 119 operating 
certificate or under 14 CFR 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.

[[Page 30238]]

(f) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (Italy) AD No.: 2011-0140, dated July 20, 2011.

(g) Subject

    Joint Aircraft System Component (JASC) Code: 2397: 
Communications System Wiring.

    Issued in Fort Worth, Texas, on May 10, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-12401 Filed 5-21-12; 8:45 am]
BILLING CODE 4910-13-P