[Federal Register: March 9, 2009 (Volume 74, Number 44)]
[Proposed Rules]
[Page 9971-9973]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr09-14]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0168; Directorate Identifier 2007-SW-33-AD]
RIN 2120-AA64
Airworthiness Directives; Agusta S.p.A. Model AB139 and AW139
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. (Agusta) Model AB139 and AW139 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 aviation
authority of Italy, with which we have a bilateral agreement, states in
the MCAI that during the installation of a fire extinguisher bottle on
a new helicopter, it was found that the electrical receptacle/
connectors on the bottle which commands the firing of the extinguishing
agent were swapped between engines No. 1 and No. 2. This condition
could affect helicopters already in service and fire extinguisher
bottles of the same part number in stock as spare parts. If not
corrected, an improperly wired fire extinguishing bottle might cause
the extinguishing agent to be discharged toward the unselected engine
when the system is activated, rather than toward the engine with the
fire. The proposed AD would require determining if each engine has the
proper outlet end on the electrical receptacle/connector that attaches
the firing cartridge to the fire extinguisher bottle, and if not,
replacing the fire extinguisher bottle. The proposed AD is intended to
prevent the fire extinguishing agent from not discharging toward the
engine with the fire, which could result in loss of the helicopter due
to an engine fire.
DATES: We must receive comments on this proposed AD by April 8, 2009.
[[Page 9972]]
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.
You may get the service information identified in this proposed AD
from 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.
Examining the 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: John Strasburger, Aviation Safety
Engineer FAA, Rotorcraft Directorate, Regulations and Policy Group,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5167;
fax (817) 222-5961.
SUPPLEMENTARY INFORMATION:
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-2009-0168;
Directorate Identifier 2007-SW-33-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 Ente Nazionale Per L'Aviazione Civile, which is the aviation
authority for Italy, has issued an MCAI in the form of Airworthiness
Directive No. 2007-227, dated June 18, 2007, (referred to after this as
``the MCAI''), to correct an unsafe condition for these Italian-
certificated products. The MCAI states that during the installation of
a fire extinguisher bottle, part number (P/N) 3G2620V00131, on a
helicopter during manufacture, it was found that the electrical
receptacle/connectors on the bottle which commands the firing of the
extinguishing were swapped between engines No. 1 and No. 2. This
condition could affect helicopters already in service and fire
extinguisher bottles of the same part number in stock as spare parts.
If not corrected, an improperly wired fire extinguishing bottle might
cause the extinguishing agent to be discharged toward the unselected
engine when the system is activated, rather than toward the engine with
the fire. The proposed AD would require determining if each engine has
the proper outlet end on the electrical receptacle/connector that
attaches the firing cartridge to the fire extinguisher bottle, and if
not, replacing the fire extinguisher bottle. The proposed AD is
intended to prevent the fire extinguishing agent from not discharging
toward the engine with the fire, which could result in loss of the
helicopter due to an engine fire.
You may obtain further information by examining the MCAI and
service information in the AD docket.
Relevant Service Information
Agusta has issued Bollettino Tecnico No. 139-085, dated May 18,
2007. 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 Proposed Requirements
This product has been approved by the aviation authority of Italy,
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 the 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
We have reviewed the MCAI and related service information and, in
general, agree with their substance. However, our AD differs from the
MCAI to clarify the unsafe condition and compliance instructions. In
making these changes, we do not intend to differ substantively from the
information provided in the MCAI and related service information. These
differences are highlighted in the ``Differences Between the FAA AD and
the MCAI'' section in the proposed AD.
Costs of Compliance
We estimate that this proposed AD would affect about 20 helicopters
of U.S. registry and that it would take about 1 work-hour per
helicopter to verify the correct installation of electrical
receptacles/connectors on the two fire extinguisher bottles. We also
estimate that it would take about 3 work-hours per helicopter to
replace a fire extinguisher bottle with the inverted electrical
receptacles/connectors and that about 5% (2 bottles) of the fire
extinguisher bottles in the fleet would have to be replaced. The cost
of a replacement fire extinguisher bottle is $10,300. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $22,680.
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
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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, 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
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-2009-0168; Directorate Identifier
2007-SW-33-AD.
Comments Due Date
(a) We must receive comments by April 8, 2009.
Other Affected ADs
(b) None.
Applicability
(c) This AD applies to Model AB139 helicopters, serial number
(S/N) 31005 through 31054, except S/N 31007, and AW139 helicopters,
S/N 31055 through 31067, S/N 31070, and S/N 31071, certificated in
any category.
Reason
(d) The mandatory continuing airworthiness information (MCAI)
states that during the installation of a fire extinguisher bottle,
part number 3G2620V00131, on a helicopter during manufacture, it was
found that the electrical receptacle/connectors on the bottle which
commands the firing of the extinguishing agent were swapped between
engines No. 1 and No. 2. This condition could affect helicopters
already in service and fire extinguisher bottles of the same part
number in stock as spare parts. If not corrected, an improperly
wired fire extinguishing bottle might cause the extinguishing agent
to be discharged toward the unselected engine when the system is
activated, rather than toward the engine with the fire. The proposed
AD would require determining if each engine has the proper outlet
end on the electrical receptacle/connector that attaches the firing
cartridge to the fire extinguisher bottle, and if not, replacing the
fire extinguisher bottle. The proposed AD is intended to prevent the
fire extinguishing agent from not discharging toward the engine with
the fire, which could result in loss of the helicopter due to an
engine fire.
Actions and Compliance
(e) Within 100 hours time-in-service (TIS) or 3 months,
whichever occurs first, unless already done, do the following
actions.
(1) Determine whether the fire extinguishing bottle (bottle) for
engines No. 1 and No. 2 have the proper outlet end on the electrical
receptacle/connector, which attaches the firing cartridge to the
bottle, by following steps 4. and 5. of the Compliance Instructions
in Agusta Bollettino Tecnico No. 139-085, dated May 18, 2007 (BT).
(2) If a bottle has an electrical receptacle/connector for the
firing cartridge with an improper outlet end, before further flight,
replace the bottle with a bottle that has an electrical receptacle/
connector with a proper outlet end in accordance with step 6. of the
Compliance Instructions in the BT.
Differences Between the FAA AD and the MCAI
(f) This AD uses the term ``hours time-in-service'' rather than
``flight hours.''
Other FAA Information
(g) Alternative Methods of Compliance (AMOCs): The Manager,
Safety Management Group, Rotorcraft Directorate, FAA, ATTN: John
Strasburger, Aviation Safety Engineer, FAA, Rotorcraft Directorate,
Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas
76193-0111; telephone (817) 222-5167; fax (817) 222-5961, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.
Related Information
(h) MCAI Ente Nazionale Per L'Aviazione Civile Airworthiness
Directive No. 2007-227, dated June 18, 2007, contains related
information.
Air Transport Association of America (ATA) Tracking Code
(i) ATA Code 2621: Fire Bottle, Fixed.
Issued in Fort Worth, Texas, on February 19, 2009.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-4943 Filed 3-6-09; 8:45 am]
BILLING CODE 4910-13-P