[Federal Register: April 28, 2008 (Volume 73, Number 82)]
[Rules and Regulations]
[Page 22791-22793]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap08-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0431; Directorate Identifier 2008-SW-08-AD;
Amendment 39-15483; AD 2008-09-03]
RIN 2120-AA64
Airworthiness Directives; Agusta S.p.A. Model A109A, A109A II,
and A109C Helicopters
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
specified Agusta S.p.A. (Agusta) model helicopters. This AD results
from mandatory continuing airworthiness information (MCAI) originated
by an aviation authority 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:
It has been reported, on an A109A helicopter, a case of failure
of the grooved clamp fixing the engine exhaust duct, with the
consequent loss of the duct.
The duct has hit the main and tail rotor producing the loss of
the tail rotor and the emergency landing of the helicopter.
The fracture of the grooved clamp was due to excessive loads and
corrosion around the attaching rivets. This AD requires actions that
are intended to address this unsafe condition.
DATES: This AD becomes effective May 13, 2008.
The Director of the Federal Register approved the incorporation by
reference of Agusta Bollettino Tecnico No. 109-123, dated November 16,
2006, as of May 13, 2008.
We must receive comments on this AD by June 27, 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 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: Eric Haight, Aviation Safety Engineer,
FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort
Worth, Texas 76193-0111, telephone (817) 222-5204, 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 AD references the MCAI and related service information that we
considered in forming the engineering basis to correct the unsafe
condition. The AD contains text copied from the MCAI and for this
reason might not follow our plain language principles.
[[Page 22792]]
Discussion
EASA, which is the Technical Agent for the aviation authority of
Italy, has issued AD No. 2007-0041, dated February 21, 2007 (referred
to after this as ``the MCAI''), to correct an unsafe condition for this
Italian-certificated product. The MCAI states:
It has been reported, on an A109A helicopter, a case of failure
of the grooved clamp fixing the engine exhaust duct, with the
consequent loss of the duct.
The duct has hit the main and tail rotor producing the loss of
the tail rotor and the emergency landing of the helicopter.
The fracture of the grooved clamp was due to excessive loads and
corrosion around the attaching rivets. Even though the failed part was
on a Model A109A, the Models A109A II and A109C use the same parts. You
may obtain further information by examining the MCAI and service
information.
Relevant Service Information
Agusta has issued Bollettino Tecnico No. 109-123, dated November
16, 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 AD
These products have been approved by the aviation authority of
Italy and are 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 issuing this AD because we evaluated all pertinent
information and determined the unsafe condition exists and is likely to
exist or develop on other products of these same type designs.
Differences Between the AD and the MCAI
We have reviewed the MCAI and related service information and, in
general, agree with their substance. However, this AD differs from the
MCAI as follows:
(1) We refer to flight hours as hours time-in-service (TIS).
(2) We are requiring the initial inspection to be done within the
next 20 hours TIS rather than using the date and operating hours
specified in the MCAI.
(3) We are not requiring a recurring inspection of the grooved
clamps, but we intend to propose to mandate the 300 hour time-in-
service or yearly recurring inspection of the grooved clamps through
our non-emergency rulemaking procedures.
These differences are highlighted in the ``Differences Between the
FAA AD and the MCAI'' section of this AD.
Costs of Compliance
We estimate that this AD will affect about 59 products of U.S.
registry. We also estimate that it will take about 4 work-hours per
helicopter to inspect the grooved clamps that attach the engine exhaust
ducts. The average labor rate is $80 per work-hour. Required parts cost
is negligible. Based on these figures, we estimate the cost of the AD
on U.S. operators to be $18,880.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because we
are requiring an inspection within 20 hours time-in-service (TIS), a
short time frame. The short inspection time is necessary because of the
failure of a grooved clamp attaching the external left side engine
exhaust duct and the consequent loss of the exhaust duct that occurred,
resulted in an emergency landing. Therefore, we determined that notice
and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2008-0431; Directorate
Identifier 2008-SW-08-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
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 AD.
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 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 this AD:
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 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
0
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 AD:
[[Page 22793]]
2008-09-03 Agusta S.p.A.: Amendment 39-15483. Docket No. FAA-2008-
0431; Directorate Identifier 2008-SW-08-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective on May
13, 2008.
Applicability
(b) This AD applies to Model A109A, A109A II, and A109C
helicopters, with grooved clamps, part number 4606AC, that attach
the engine exhaust ducts, installed, certificated in any category.
Reason
(c) The mandatory continued airworthiness information (MCAI)
states:
It has been reported, on an A109A helicopter, a case of failure
of the grooved clamp fixing the engine exhaust duct, with the
consequent loss of the duct.
The duct has hit the main and tail rotor producing the loss of
the tail rotor and the emergency landing of the helicopter.
The fracture of the grooved clamp was due to excessive loads and
corrosion around the attaching rivets.
Actions and Compliance
(d) Required as indicated, unless already done, do the
following:
(1) Within the next 20 hours time-in-service (TIS), remove,
clean, and using a 10X or higher magnifying glass, inspect the four
grooved clamps that attach the engine exhaust ducts as shown in
Figure 1 and by following Steps 3 through 4.2. of the Compliance
Instructions of Agusta Bollettino Tecnico No. 109-123, dated
November 16, 2006.
(2) If you find a crack or corrosion, before further flight,
replace the unairworthy grooved clamp with an airworthy grooved
clamp.
Differences Between the FAA AD and the MCAI
(e) This AD differs from the MCAI as follows:
(1) We refer to flight hours as hours TIS.
(2) We are requiring the initial inspection to be done within
the next 20 hours TIS instead of using the date and operating time
specified in the MCAI.
(3) We are not requiring a recurring inspection of the grooved
clamps, but we intend to propose to mandate the 300 hour time-in-
service or yearly recurring inspection of the grooved clamps through
our non-emergency rulemaking procedures.
(f) Air Transport Association of America (ATA) Code 7800: Engine
Exhaust.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Safety Management Group, Rotorcraft Directorate, 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: Eric
Haight, Aviation Safety Engineer, Regulations and Guidance Group,
Fort Worth, Texas 76193-0111, telephone (817) 222-5204, 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
(h) EASA Mandatory Continuing Airworthiness Information (MCAI)
AD No. 2007-0041, dated February 21, 2007, contains related
information.
Material Incorporated by Reference
(i) The Director of the Federal Register approved the
incorporation by reference of Agusta Bollettino Tecnico No. 109-123,
dated November 16, 2006, under 5 U.S.C. 552(a) and 1 CFR part 51.
(1) For service information identified in this AD, contact
Agusta, 21017 Cascina Costa di Samarate (VA) Italy, Via Giovanni
Agusta 520, telephone 39 (0331) 229111, fax 39 (0331) 229605-222595.
(2) You may review copies of the service information at the FAA,
Office of the Regional Counsel, Southwest Region, 2601 Meacham
Blvd., Room 663, Fort Worth, Texas or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call (202) 741-6030, or go to: http://
www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Fort Worth, Texas, on April 4, 2008.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E8-8640 Filed 4-25-08; 8:45 am]
BILLING CODE 4910-13-P