[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Rules and Regulations]
[Pages 64699-64701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25896]
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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;
Amendment 39-17223; AD 2012-21-07]
RIN 2120-AA64
Airworthiness Directives; Agusta S.p.A. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta
S.p.A. (Agusta) Model A109S helicopters to require modifying the
electrical power distribution system to carry a higher electrical load.
This AD was 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 actions of this AD 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, and subsequent loss of
control of the helicopter.
DATES: This AD is effective November 27, 2012.
The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of November 27,
2012.
ADDRESSES: For service information identified in this 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 the referenced service information
at the FAA, Office of the Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth, Texas 76137.
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
[[Page 64700]]
through Friday, except Federal holidays. The AD docket contains this
AD, any incorporated-by-reference service information, the economic
evaluation, any comments received, and other information. The street
address for the Docket Operations Office (phone: 800-647-5527) is U.S.
Department of Transportation, Docket Operations Office, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
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:
Discussion
On May 9, 2012, at 77 FR 27144, the Federal Register published our
Notice of Proposed Rulemaking (NPRM), which proposed to amend 14 CFR
part 39 to include an AD that would apply to Agusta Model A109S
helicopters, serial numbers up to and including 22151. That NPRM
proposed to require compliance with specified portions of the
manufacturer's service bulletin to modify the electrical power
distribution system by installing a ``BATT BUS'' Circuit Breaker
Modification Kit, part number 109-0824-73-107, and testing for proper
functioning of the electrical system. The proposed requirements were
intended to prevent failure of the circuit breaker, loss of electrical
power to instruments powered by the ``BATT BUS'' system, and subsequent
loss of control of the helicopter.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States 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 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 helicopter due to the design
commonality between the electrical power distribution system of the
Model A109E and A109S helicopters. The FAA is issuing this AD for the
Model A109S helicopter to correct this same unsafe condition.
Comments
We gave the public the opportunity to participate in developing
this AD, but we did not receive any comments on the NPRM (77 FR 27144,
May 9, 2012).
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 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 helicopters of the same type design and that air
safety and the public interest require adopting the AD requirements as
proposed.
Differences Between This AD and the EASA AD
This AD does not reference the calendar date of June 30, 2010,
which has already passed.
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. EASA classified this BT as mandatory and
issued AD No. 2009-0264, dated December 15, 2009, to ensure the
continued airworthiness of these helicopters.
Costs of Compliance
We estimate that this AD will affect 15 helicopters of U.S.
Registry. We estimate that operators may incur the following costs in
order to comply with this AD. It will 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 will
cost about $471 per helicopter. Based on these figures, we estimate the
total cost impact of this AD on U.S. operators to be $17,265.
According to the Agusta service information, some of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected individuals. We do not control warranty coverage by Agusta.
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.
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 helicopters identified in this
rulemaking action.
Regulatory Findings
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.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under 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 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.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
[[Page 64701]]
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 airworthiness
directive (AD):
2012-21-07--AGUSTA S.p.A. (Agusta): Amendment 39-17223; Docket No.
FAA-2012-0448; Directorate Identifier 2010-SW-016-AD.
(a) Applicability
This AD applies to 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) Effective Date
This AD becomes effective November 27, 2012.
(d) 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.
(e) 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.
(f) Special Flight Permits
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.
(g) Alternative Methods of Compliance (AMOCs)
(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 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.
(h) Additional Information
The subject of this AD is addressed in European Aviation Safety
Agency AD No. 2009-0264, dated December 15, 2009.
(i) Subject
Joint Aircraft Service Component (JASC) Code: 2460, DC Power/
Distribution System.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Agusta Bollettino Tecnico No. 109S-35, dated December 11,
2009.
(ii) Reserved.
(3) For Agusta service information identified in this 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.
(4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas 76137. For information on the availability of this
material at the FAA, call (817) 222-5110.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Fort Worth, Texas, on October 12, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-25896 Filed 10-22-12; 8:45 am]
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