
[Federal Register: March 7, 2008 (Volume 73, Number 46)]
[Proposed Rules]               
[Page 12299-12300]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07mr08-17]                         

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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[[Page 12299]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0256; Directorate Identifier 2007-SW-01-AD]
RIN 2120-AA64

 
Airworthiness Directives; Agusta S.p.A. Model AB 139 and AW 139 
Helicopters

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 AB 139 and AW 139 helicopters. This proposed AD 
results from mandatory continuing airworthiness information (MCAI) 
originated by an aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The European 
Aviation Safety Agency (EASA), the Technical Agent for Italy, with 
which we have a bilateral agreement, states in the MCAI:

    Tests have shown that the Agusta AB/AW 139's Fuselage Frame 5700 
middle section is prone to fatigue damage. To prevent cracks or 
structural failure in this area, a repetitive inspection has been 
introduced * * *

    The proposed AD would require actions that are intended to address 
this unsafe condition of cracks in the fuselage frame structure.

DATES: We must receive comments on this proposed AD by April 7, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, 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 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 FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group, 
Fort Worth, Texas 76193-0111, telephone (817) 222-5122, fax (817) 222-
5961.

SUPPLEMENTARY INFORMATION: 

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0256; 
Directorate Identifier 2007-SW-01-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued a 
MCAI in the form of EASA Airworthiness Directive No. 2006-0357, dated 
November 29, 2006 (referred to after this as ``the MCAI''), to correct 
an unsafe condition for these Italian-certificated helicopters. The 
MCAI states:

    Tests have shown that the Agusta AB/AW 139's Fuselage Frame 5700 
middle section is prone to fatigue damage. To prevent cracks or 
structural failure in this area, a repetitive inspection has been 
introduced * * *

You may obtain further information by examining the MCAI and service 
information in the AD docket.

Relevant Service Information

    Agusta S.p.A. has issued Bollettino Tecnico No. 139-018, Revision 
B, dated October 18, 2006. The actions described in the MCAI are 
intended to correct the same unsafe condition as that identified in the 
service information.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information. We are proposing this AD because we evaluated all 
pertinent information and determined an unsafe condition exists and is 
likely to exist or develop on other products of the same type design.

Differences Between This AD and the MCAI

    This AD differs from the MCAI in that the MCAI states ``When damage 
or

[[Page 12300]]

cracks are found, before next flight, contact the TC Holder for further 
instructions.'' This AD requires repairing the crack before further 
flight in accordance with an FAA-approved procedure if a crack is 
found. Also, this AD requires that the inspection be performed based on 
``hours time-in-service'' rather than ``flight hours'', as stated in 
the MCAI.

Costs of Compliance

    We estimate that this proposed AD would affect about 17 helicopters 
of U.S. registry. We also estimate that it would take about 1 work-hour 
per helicopter to comply with the initial and each subsequent recurring 
inspection of this proposed AD. The average labor rate is $80 per work-
hour. Assuming that 3 recurring inspections would be performed on each 
of the affected helicopters every year after the initial inspection and 
that 2 of the affected helicopters would require repairs to the 
fuselage middle frame section at $10,000 per repair during the service 
life of these helicopters, we estimate the cost of the proposed AD as 
follows:
     Initial Inspection Costs: 1 x 80 x 17 = $1360.
     Subsequent Recurring Inspection Costs over the next 20 
years: 1 x 3 x 20 x 80 x 17 = $81,600.
     Repair Costs: 2 x 10,000 = $20,000.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $102,960, or $6,056 per helicopter.

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 above, 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); and
    3. 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, 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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Agusta S.p.A: Docket No. FAA-2008-0256; Directorate Identifier 2007-
SW-01-AD.

Comments Due Date

    (a) We must receive comments by April 7, 2008.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Agusta S.p.A Model AB 139 and AW 139 
helicopters, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states:

    Tests have shown that the Agusta AB/AW 139's Fuselage Frame 5700 
middle section is prone to fatigue damage. To prevent cracks or 
structural failure in this area, a repetitive inspection has been 
introduced * * *.

Actions and Compliance

    (e) Required as indicated, unless already done.
    (1) Within the next 10 hours time-in-service (TIS), or upon 
accumulating 100 hours TIS since new, whichever occurs later, 
inspect the fuselage frame 5700 middle section in accordance with 
the Compliance Instructions, pargraphs 1. through 4., of Agusta 
Bolletino Tecnico No. 139-018, Revision B, dated October 18, 2006;
    (2) Thereafter, at intervals not exceeding 100 hours TIS, repeat 
the inspection as required by paragraph (e)(1) of this AD;
    (3) If a crack is found, before further flight, repair the crack 
in accordance with an FAA-approved procedure.

Differences Between the FAA AD and the MCAI

    (f) This AD differs from the MCAI as follows:
    (1) The MCAI states ``When damage or cracks are found, before 
next flight, contact the TC Holder for further instructions.'' If a 
crack is found, this AD requires repairing the crack before further 
flight in accordance with an FAA-approved procedure.
    (2) This AD requires that the inspection be performed based on 
``hours time-in-service'' not ``flight hours.''

Subject

    (g) Air Transportation of America (ATA) Code 5700: Fuselage 
frame middle section.

Other Information

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, FAA, has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19. 
Send information to ATTN: Sharon Miles, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort 
Worth, Texas 76193-0111, telephone (817) 222-5122, fax (817) 222-
5961.
    (2) Airworthy Product: Use only FAA-approved corrective actions. 
Corrective actions are considered FAA-approved if they are approved 
by the State of Design Authority (or their delegated agent) if the 
State of Design has an appropriate bilateral agreement with the 
United States. You are required to assure the product is airworthy 
before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (i) MCAI European Aviation Safety Agency (EASA) Airworthiness 
Directive No. 2006-0357, dated November 29, 2006, contains related 
information.

    Issued in Fort Worth, Texas, on February 14, 2008.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E8-4461 Filed 3-6-08; 8:45 am]

BILLING CODE 4910-13-P
