[Federal Register: October 22, 2003 (Volume 68, Number 204)]
[Proposed Rules]
[Page 60300-60301]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc03-18]
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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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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-SW-28-AD]
RIN 2120-AA64
Airworthiness Directives; Agusta S.p.A. Model A109E Helicopters
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes adopting a new airworthiness directive
(AD) for Agusta S.p.A. (Agusta) Model A109E helicopters. This proposal
would require modifying each passenger compartment sliding door (door)
by applying a kit to replace the levers and links. This proposal is
prompted by instances of a door inadvertently opening during flight due
to the unstable configuration of the door. The actions specified by
this proposed AD are intended to prevent the inadvertent opening of a
door during flight and loss of a passenger or other objects from the
cabin.
DATES: Comments must be received on or before December 22, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Office of the Regional Counsel, Southwest Region,
Attention: Rules Docket No. 2003-SW-28-AD, 2601 Meacham Blvd., Room
663, Fort Worth, Texas 76137. You may also send comments electronically to the Rules Docket at the following address: 9-asw-adcomments@faa.gov.
Comments may be inspected at the Office of the Regional Counsel between
9 a.m. and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Richard Monschke, Aviation Safety
Engineer, FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort
Worth, Texas 76193-0110, telephone (817) 222-5116, fax (817) 222-5961.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications should identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments will
be considered before taking action on the proposed rule. The proposals
contained in this document may be changed in light of the comments
received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their mailed
comments submitted in response to this proposal must submit a self-
addressed, stamped postcard on which the following statement is made:
``Comments to Docket No. 2003-SW-28-AD.'' The postcard will be date
stamped and returned to the commenter.
Discussion
The Ente Nazionale per l'Aviazione Civile (ENAC), the airworthiness
authority for Italy, notified the FAA that an unsafe condition may
exist on Agusta Model A109E helicopters. ENAC advises that the doors
should be modified.
Agusta has issued Alert Bollettino Tecnico No. 109EP-33, dated
March 19, 2003 (ABT), which specifies modifying the opening and closing
mechanism of the passenger compartment sliding doors by installing a
new lever and a new link to avoid the possibility of the mechanism not
reaching the stowed position. Agusta reports the accidental opening
during flight of one of the doors, on a few helicopters, without any
harm to the passengers. ENAC classified this ABT as mandatory and
issued AD No. 2003-109, dated March 27, 2003, to ensure the continued
airworthiness of these helicopters in Italy.
This helicopter model is manufactured in Italy and is type
certificated for operation in the United States under the provisions of
14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the
applicable bilateral agreement, ENAC has kept the FAA informed of the
situation described above. The FAA has examined the findings of ENAC,
reviewed all available information, and determined that AD action is
necessary for products of this type design that are certificated for
operation in the United States.
This previously described unsafe condition is likely to exist or
develop on other helicopters of the same type design registered in the
United States. Therefore, the proposed AD would require modifying the
doors by installing a new lever and link and other hardware contained
in kits, part number (P/N) 109-0823-25-101 (left hand) and (P/N) 109-
0823-25-102 (right hand). The actions would be required to be
accomplished in accordance with the ABT described previously.
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's AD system. The
regulation now includes material that relates to altered products,
special flight permits, and alternative methods of compliance. Because
we have now included this material in part 39, we no longer need to
include it in each individual AD.
The FAA estimates that this proposed AD would affect 34 helicopters
of U.S. registry, and the proposed actions would take approximately 4
work hours per helicopter to accomplish at an average labor rate of $65
per work hour. Required parts would cost approximately $3000 per
helicopter. Based on these figures, we estimate the total cost impact
of the proposed AD on U.S. operators to be $110,840 ($3260 per
helicopter). However, Agusta states in its ABT that it will supply the
parts at no cost and will reimburse up to 4 work hours to modify the
doors at a fixed rate of $40. Assuming this warranty coverage, the
estimated total cost impact of this AD on U.S. operators would be $3400
($100 per helicopter).
The regulations proposed herein would not have a substantial direct
effect on the States, on the relationship between the national
Government and
[[Page 60301]]
the States, or on the distribution of power and responsibilities among
the various levels of government. Therefore, it is determined that this
proposal would not have federalism implications under Executive Order
13132.
For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive
to read as follows:
Agusta S.p.A. Docket No. 2003-SW-28-AD.
Applicability: Model A109E helicopters, up to and including
serial number (S/N) 11150 with Pratt & Whitney Canada, Inc. PW206C
engines, and S/N 11501 through 11509 with Turbomeca Arrius TM2K1
engines, with a passenger compartment sliding door (door), part
number (P/N) 109-0360-48-101 (left-hand (LH)), P/N 109-0360-48-102
(right-hand (RH)), P/N 109-0360-48-201 (LH), or P/N 109-0360-48-202
(RH), installed, certificated in any category.
Compliance: Required within 90 days, unless accomplished
previously.
To prevent the inadvertent opening of a door and loss of a
passenger or other objects from the cabin, accomplish the following:
(a) Modify the doors by replacing levers, P/N 109-0362-30-103
(LH) and P/N 109-0362-30-104 (RH), and links , P/N 109-0362-05-101;
with levers P/N 109-0362-30-109 (LH) and P/N 109-0362-30-110 (RH),
and links, P/N 109-0362-05-105, and the hardware contained in kits,
P/N 109-0823-25-101 (LH) and P/N 109-0823-25-102 (RH) in accordance
with the Compliance Instructions in Agusta Bollettino Tecnico No.
109 EP-33, dated March 19, 2003.
(b) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Safety Management Group, Rotorcraft Directorate, FAA,
for information about previously approved alternative methods of
compliance.
Note: The subject of this AD is addressed in Ente Nazionale per
l'Aviazione Civile (Italy) AD No. 2003-109, dated March 27, 2003.
Issued in Fort Worth, Texas, on October 16, 2003.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-26624 Filed 10-21-03; 8:45 am]
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