[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Proposed Rules]
[Pages 17156-17158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06961]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0142; Directorate Identifier 2016-SW-013-AD]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A.

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. Model A109S helicopters. This proposed AD is prompted by 
a report of a cabin liner detaching from the helicopter and hitting the 
main rotor (M/R) blades during flight. This proposed AD would require 
adding limitations to the rotorcraft flight manual (RFM). The proposed 
actions are intended to prevent an unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 9, 2017.

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 by searching for and locating Docket No. FAA-2017-
0142; 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 European Aviation Safety Agency (EASA) 
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 rule, contact 
AgustaWestland, Product Support Engineering, Via del Gregge, 100, 21015 
Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; telephone 39-0331-
664757; fax 39 0331-664680; or at http://www.agustawestland.com/technical-bulletins. You may review the referenced service information 
at the FAA, Office of the Regional Counsel, Southwest Region, 10101 
Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 
Hillwood Pkwy, Fort Worth, TX 76177; 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.

[[Page 17157]]

    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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD No. 2015-0227, dated November 19, 
2015, to correct an unsafe condition for AgustaWestland S.p.A. Model 
A109S helicopters. EASA advises of a report that the right-hand lower 
cabin liner of Internal Arrangement part number (P/N) 109-0814-21-101 
detached and hit three main rotor blades during a landing with the 
right-hand door removed. EASA states that this condition, if not 
corrected, could lead to further occurrences of in-flight lower cabin 
liner detachment, possibly resulting in damage to or loss of control of 
the helicopter. Therefore, the EASA AD requires revising the RFM to 
provide limitations on flights with a passenger cabin sliding door 
opened or removed. EASA considers its AD an interim action and states 
further AD action may follow.

FAA's Determination

    This helicopter has been approved by the aviation authority of 
Italy and is 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 its AD. We are 
proposing this AD because we evaluated all known relevant information 
and determined that an unsafe condition is likely to exist or develop 
on other helicopters of the same type design.

Related Service Information

    We reviewed AgustaWestland A109S RFM, Document No. 109G0040A013, 
Issue 2, Revision 3, dated April 23, 2015, which adds several 
limitations regarding flight with a passenger cabin sliding door opened 
or removed.

Proposed AD Requirements

    This proposed AD would require, within 15 hours time-in-service, 
revising the Limitations section of the RFM by inserting a copy of this 
AD or by making pen-and-ink changes to add several limitations: 
Prohibiting flight with a passenger cabin sliding door opened or 
removed for helicopters with Internal Arrangement P/N 109-0814-21-101 
installed; prohibiting flight with a passenger cabin sliding door open 
unless modification P/N 109-0814-35 is installed; prohibiting flight 
with a passenger cabin sliding door open unless the doors are locked; 
establishing a maximum VNE with a passenger cabin sliding 
door opened or removed; establishing a maximum airspeed for opening or 
closing a passenger cabin sliding door during flight; and prohibiting 
instrument flight rule operation with any door opened or removed.

Interim Action

    We consider this proposed AD to be an interim action. The design 
approval holder is currently developing a modification that will 
address the unsafe condition identified in this AD. Once this 
modification is developed, approved, and available, we might consider 
additional rulemaking.

Costs of Compliance

    We estimate that this proposed AD would affect 19 helicopters of 
U.S. Registry. We estimate that operators may incur the following costs 
in order to comply with this AD. At an average labor rate of $85 per 
work-hour, revising the RFM would take about 0.5 work-hour, for an 
estimated cost of $43 per helicopter, or $817 for the U.S. fleet.

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

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.: Docket No. FAA-2017-0142; Directorate Identifier 
2016-SW-013-AD.

(a) Applicability

    This AD applies to Model A109S helicopters, certificated in any 
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as detachment of an 
internal arrangement lower cabin liner. This condition could result 
in damage to a main rotor blade and subsequent loss of control of 
the helicopter.

(c) Comments Due Date

    We must receive comments by June 9, 2017.

(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.

[[Page 17158]]

(e) Required Actions

    Within 15 hours time-in-service, revise Section 1 Limitations of 
the AgustaWestland Model A109S Rotorcraft Flight Manual (RFM) by 
inserting a copy of this AD into the RFM or by making pen-and-ink 
changes to add the information in Figure 1 to paragraph (e) of this 
AD.
[GRAPHIC] [TIFF OMITTED] TP10AP17.000

(f) Credit for Previous Actions

    Incorporating the changes contained in AgustaWestland A109S RFM, 
Document No. 109G0040A013, Issue 2, Revision 3, dated April 23, 
2015, into Section 1 of the RFM before the effective date of this AD 
is considered acceptable for compliance with this AD.

(g) Special Flight Permits

    Special flight permits are prohibited.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Matt Fuller, Senior Aviation 
Safety Engineer, Safety Management Group, Rotorcraft Directorate, 
FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; 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.

(i) Additional Information

    (1) AgustaWestland A109S RFM Document No. 109G0040A013, Issue 2, 
Revision 3, dated April 23, 2015, which is not incorporated by 
reference, contains additional information about the subject of this 
AD. For service information identified in this AD, contact 
AgustaWestland, Product Support Engineering, Via del Gregge, 100, 
21015 Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; telephone 
39-0331-664757; fax 39 0331-664680; or at http://www.agustawestland.com/technical-bulletins. You may review the 
referenced service information at the FAA, Office of the Regional 
Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort 
Worth, TX 76177.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2015-0227, dated November 19, 2015. You 
may view the EASA AD on the Internet at http://www.regulations.gov 
in the AD Docket.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 2500 Cabin 
Equipment/Furnishings.

    Issued in Fort Worth, Texas, on March 31, 2017.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2017-06961 Filed 4-7-17; 8:45 am]
 BILLING CODE 4910-13-P