[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Rules and Regulations]
[Pages 35647-35649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16144]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0142; Product Identifier 2016-SW-013-AD; Amendment 
39-18979; AD 2017-16-02]
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. Model A109S helicopters. This AD requires adding limitations to 
the rotorcraft flight manual (RFM). This AD was prompted by a report of 
a cabin liner detaching from the helicopter and hitting the main rotor 
(M/R) blades during flight. The actions of this AD are intended to 
prevent an unsafe condition on these products.

DATES: This AD is effective September 5, 2017.

ADDRESSES: For service information identified in this final 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.

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

[[Page 35648]]

contains this 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 (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: Matt Fuller, Senior Aviation Safety 
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    On April 10, 2017, at 82 FR 17156, the Federal Register published 
our notice of proposed rulemaking (NPRM), which proposed to amend 14 
CFR part 39 by adding an AD that would apply to Agusta S.p.A. Model 
A109S helicopters. The NPRM proposed to 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 part number 
(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.
    The NPRM was prompted by AD No. 2015-0227, dated November 19, 2015, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union, to correct an unsafe condition for the 
AgustaWestland S.p.A. Model A109S helicopters. EASA advises of a report 
that the right-hand lower cabin liner of Internal Arrangement P/N 109-
0814-21-101 detached and hit three M/R 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we did not receive any comments on the NPRM.

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 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.

Interim Action

    We consider this 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.

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.

Costs of Compliance

    We estimate that this AD affects 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 takes 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 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:

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):

2017-16-02 Agusta S.p.A.: Amendment 39-18979; Docket No. FAA-2017-
0142; Product Identifier 2016-SW-013-AD.

[[Page 35649]]

(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) Effective Date

    This AD becomes effective September 5, 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.

(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.

                        Figure 1 to Paragraph (e)
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Flight with either one or both passenger cabin sliding doors opened or
 removed is prohibited if Internal Arrangement P/N 109-0814-21-101 is
 installed.
Flight with either one or both passenger cabin sliding doors opened is
 prohibited if passenger door modification P/N 109-0814-35 is not
 installed.
Flight with one or both passenger cabin sliding doors opened is allowed
 only with the doors locked.
VNE with any passenger cabin sliding door opened or removed: 75 KIAS.
Maximum airspeed for passenger cabin sliding doors opening or closing:
 50 KIAS.
IFR operation is prohibited with any door opened or removed.
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(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 Section, FAA, may approve 
AMOCs for this AD. Send your proposal to: Matt Fuller, Senior 
Aviation Safety Engineer, Safety Management Section, Rotorcraft 
Standards Branch, 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 a copy of 
the 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 Docket No. FAA-2017-0142.

(j) Subject

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

    Issued in Fort Worth, Texas, on July 25, 2017.
Scott A. Horn,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2017-16144 Filed 7-31-17; 8:45 am]
BILLING CODE 4910-13-P