[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Proposed Rules]
[Pages 40055-40057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15951]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0886; Directorate Identifier 2008-SW-067-AD]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

-----------------------------------------------------------------------

SUMMARY: We are revising an earlier notice of proposed rulemaking 
(NPRM) that proposed to issue an airworthiness directive (AD) for 
Agusta S.p.A. (Agusta) Model AB139 and AW139 helicopters with a certain 
wire strike protection system (WSPS) top cable cutter assembly 
installed. The existing NPRM proposes to require reworking or replacing 
the top cable cutter assembly to increase clearance between the WSPS 
and the main rotor (M/R) blades. The NPRM was prompted by a report of 
in-flight contact between the top cable-cutter assembly and two M/R 
blades. This action revises the proposals in the NPRM by requiring that 
the reworked or replaced part be marked with ``BT 139-126 Rev./'' or 
``FAA'' at the end of the part number to reflect the field 
modification. Since these actions impose an additional burden over that 
proposed in the NPRM, we are reopening the comment period to allow the 
public the chance to comment on these proposed changes.

DATES: We must receive comments on this SNPRM by September 3, 2013.

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

[[Page 40056]]

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, 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. 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.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, TX 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

    On August 16, 2012, we issued an NPRM to amend 14 CFR part 39 to 
include an AD that would apply to Agusta Model AB139 and AW139 
helicopters with a certain WSPS top cable cutter assembly installed. 
The NPRM was published in the Federal Register on August 29, 2012 (77 
FR 52270). The NPRM was prompted by a report of in-flight contact 
between the top cable-cutter assembly and two M/R blades. Based on this 
report, the European Aviation Safety Agency (EASA), which is the 
technical Agent for the member States of the European Union, issued 
EASA AD No. 2008-0148, dated August 5, 2008. The NPRM proposed to 
require reworking or replacing the top cable cutter assembly to 
increase clearance between the WSPS and the M/R blades, which is the 
same corrective action required by EASA AD No. 2008-0148.

Actions Since Previous NPRM Was Issued

    Since we issued the previous NPRM (77 FR 52270, August 29, 2012), 
we determined that the required actions should include re-identifying 
the reworked or replaced part by marking ``BT 139-126 Rev./'' or 
``FAA'' at the end of the part number to reflect the field 
modification. Because this proposed change expands the scope of the 
NPRM, we are reopening the comment period to provide additional 
opportunity for public comment.

Comments

    We gave the public the opportunity to comment on the previous NPRM 
(77 FR 52270, August 29, 2012), but we did not receive any comments.

FAA's Determination

    We are proposing this SNPRM because we evaluated all known relevant 
information and determined that an unsafe condition is likely to exist 
or develop on other products of these same type designs. Certain 
changes described above expand the scope of the original NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

Related Service Information

    We reviewed Agusta Bollettino Tecnico No. 139-126, dated June 20, 
2008 (BT), which applies to Model AB139 and AW139 helicopters with 
certain serial-numbered WSPSs. The BT specifies, within 200 flight 
hours, reworking the top cable cutter assembly and marking it with ``BT 
139-126 Rev./'' in a visible and permanent manner. EASA classified this 
BT as mandatory and issued AD No. 2008-0148 to ensure the continued 
airworthiness of these helicopters.

Proposed Requirements of the SNPRM

    This proposed SNPRM would require:
     Within 200 hours time-in-service, removing the WSPS upper 
installation,
    P/N 4G9540A00111, including cutter assembly, P/N 423-83001-1.
     Before installing a WSPS upper installation, P/N 
4G9540A00111, either reworking the top cable cutter assembly, P/N 423-
83001-1, and re-identifying the part by adding ``BT 139-126 Rev./'' or 
``FAA'' to the end of the part number, or replacing the top cable 
cutter assembly, P/N 423-83001-1, with an airworthy top cable cutter 
assembly that has been reworked and re-identified.

Costs of Compliance

    We estimate that this AD would affect about 39 helicopters of U.S. 
registry. We also estimate that it would take about 3 work-hours per 
helicopter to rework the top cable cutter assembly and to add ``BT 139-
126 Rev./'' or ``FAA'' at the end of the part number, 1 work-hour to 
replace the top cable cutter assembly, and 1 work-hour to remove the 
WSPS upper installation. The average labor rate is $85 per work-hour. 
Required parts would cost about $9,000 per helicopter to replace the 
cutter. Based on these figures, we estimate the cost of this AD on U.S. 
operators would be $255 per helicopter to rework the top cable cutter 
assembly, $9,085 per helicopter to replace the top cable cutter 
assembly, and $85 per helicopter to remove the WSPS.

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.

[[Page 40057]]

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

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):

Agusta S.p.A. Helicopters: Docket No. FAA-2012-0886; Directorate 
Identifier 2008-SW-067-AD.

(a) Applicability

    This AD applies to Agusta Model AB139 and AW139 helicopters, 
with a wire strike protection system (WSPS) top cable cutter 
assembly, part number (P/N) 423-83001-1, installed, which is part of 
the WSPS, P/N 4G9540F00211 or P/N 4G9540F00311, certificated in any 
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as in-flight contact 
between the top cable cutter assembly and main rotor (M/R) blades. 
This condition could result in damage to the M/R blades and 
subsequent loss of helicopter control.

(c) Comments Due Date

    We must receive comments by September 3, 2013.

(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

    (1) Within 200 hours time-in-service, remove the WSPS upper 
installation, P/N 4G9540A00111, including top cable cutter assembly, 
P/N 423-83001-1.
    (2) Before installing a WSPS upper installation, P/N 
4G9540A00111, either:
    (i) Rework the top cable cutter assembly, P/N 423-83001-1, in 
accordance with the Compliance Instructions, paragraph 3.1 through 
3.5, and Figure 1 of Agusta Bolletino Technico No. 139-126, dated 
June 20, 2008. Re-identify the top cable cutter assembly in a 
visible and permanent way by adding ``BT 139-126 Rev./'' or ``FAA'' 
at the end of the part number; or
    (ii) Replace the top cable cutter assembly, P/N 423-83001-1, 
with an airworthy top cable cutter assembly that has been reworked 
and re-identified in accordance with paragraph (e)(2)(i) of this AD.
    (3) Do not install a top cable cutter assembly, P/N 423-83001-1, 
on any helicopter unless it has been reworked and re-identified in 
accordance with paragraph (e)(2)(i) of this AD.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Sharon Miles, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, TX 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.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD No. 2008-0148, dated August 5, 2008. You may view 
the EASA AD at http://www.regulations.gov by searching for and 
locating it in Docket No. FAA-2012-0886.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 5320: Fuselage 
Miscellaneous Structure.

    Issued in Fort Worth, Texas, on June 18, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-15951 Filed 7-2-13; 8:45 am]
BILLING CODE 4910-13-P