[Federal Register Volume 73, Number 46 (Friday, March 7, 2008)]
[Proposed Rules]
[Pages 12299-12300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4461]
========================================================================
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.
========================================================================
Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Proposed
Rules
[[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).
-----------------------------------------------------------------------
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