[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]
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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.
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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]
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