[Federal Register Volume 75, Number 80 (Tuesday, April 27, 2010)]
[Proposed Rules]
[Pages 22043-22044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9696]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0449; Directorate Identifier 2009-SW-38-AD]
RIN 2120-AA64
Airworthiness Directives; Agusta S.p.A. (Agusta) Model A109E
Helicopters
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose adopting a new airworthiness directive (AD) for the
Agusta Model A109E helicopters. This proposed AD results from a
mandatory continuing airworthiness information (MCAI) AD issued by the
European Aviation Safety Agency (EASA), which is the Technical Agent
for the Member States of the European Community. The MCAI AD states
that after a report of an electrical failure, an investigation revealed
inadequate functioning of the 35 amperes (Amps) battery bus (BATT BUS)
circuit breaker that was not within design requirements. These actions
are intended to replace the 35 Amps with a 50 Amps circuit breaker and
replace the wires with oversized ones to prevent an electrical failure,
loss of electrical power, and subsequent loss of control of the
helicopter.
DATES: We must receive comments on this proposed AD by May 27, 2010.
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 your
comments electronically.
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
stated in the ADDRESSES section of this AD. Comments will be available
in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, Mark Wiley,
ASW-111, Aviation Safety Engineer, Rotorcraft Directorate, Regulations
and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas 76137,
telephone (817) 222-5114, fax (817) 222-5961.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written data, views, or arguments about
this proposed AD. Send your comments to an address listed in the
ADDRESSES section of this proposal. Include ``Docket No. FAA-2010-0449;
Directorate Identifier 2009-SW-38-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
EASA, which is the Technical Agent for the Member States of the
European Community, has issued EASA AD 2009-0137, dated June 23, 2009,
to correct an unsafe condition for the Agusta Model A109E helicopters.
Following a report of an electrical failure, Agusta investigated
the electrical power generation system and identified inadequate
functioning of the 35 Amps BATT BUS circuit breaker. To prevent an
electrical failure, the manufacturer has developed a BATT BUS circuit
breaker modification kit for replacing the 35 Amps circuit breaker with
a 50 Amps circuit breaker and replacing the wires with oversized ones.
You may obtain further information by examining the MCAI AD and any
related service information in the AD docket.
Related Service Information
Agusta has issued Bollettino Tecnico No. 109EP-98, dated June 22,
2009, that specifies modifying the BATT BUS circuit breaker
installation. The service information specifies modifying the fuselage
electrical installation, part number (P/N) 109-0741-49, and the
overhead panel electrical installation, P/N 109-0741-55, with a BATT
BUS circuit breaker modification kit, P/N 109-0824-73-101. The actions
described in the MCAI AD are intended to correct the same unsafe
condition as that identified in the service information.
FAA's Evaluation and Unsafe Condition Determination
This model helicopter has been approved by the aviation authority
of Italy and is approved for operation in the United States. Pursuant
to our bilateral agreement with Italy, EASA, their Technical Agent, has
notified us of the unsafe condition described in the MCAI AD. We are
proposing this AD
[[Page 22044]]
because we evaluated the information provided by EASA and determined
the unsafe condition exists and is likely to exist or develop on other
helicopters of the same type design.
Differences Between This AD and the MCAI AD
We refer to flight hours as hours time-in-service. Also, we do not
refer to a calendar compliance date of December 31, 2009, because the
effective date of this AD would be later than that date.
Costs of Compliance
We estimate that this AD would affect about 73 helicopters of U.S.
registry. We also estimate that it would take about 5 work-hours per
helicopter to modify the BATT BUS circuit breaker installation. The
average labor rate is $85 per work-hour. Required parts will cost about
$700 for the BATT BUS circuit breaker kit. Based on these figures, we
estimate the cost of this AD on U.S. operators would be $82,125,
assuming the entire fleet is modified.
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 product(s) 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.
Therefore, I certify this proposed 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 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-2010-0449; Directorate Identifier
2009-SW-38-AD.
Comments Due Date
(a) We must receive your comments by May 27, 2010.
Other Affected ADs
(b) None.
Applicability
(c) This AD applies to Agusta Model A109E helicopters, all
serial numbers up to and including serial number (S/N) 11758 (except
S/N 11741, 11754, and 11757) modified with a circuit breaker
modification kit, part number (P/N) 109-0812-04-101, -103, -107, or
-109; certificated in any category.
Reason
(d) The mandatory continuing airworthiness information (MCAI) AD
states after a report of an electrical failure, an investigation
revealed inadequate functioning of the 35 amperes (Amps) battery bus
(BATT BUS) circuit breaker.
Actions and Compliance
(e) Within 50 hours time-in-service, unless already done, modify
the fuselage electrical installation, P/N 109-0741-49, and the
overhead panel electrical installation, P/N 109-0741-55 with a BATT
BUS circuit breaker modification kit, P/N 109-0824-73-101, as
depicted in Figures 1 and 2 and by following the Compliance
Instructions, paragraphs 2 through 20.7, of Agusta Bollettino
Tecnico No. 109EP-98, dated June 22, 2009.
Differences Between This AD and the MCAI AD
(f) We refer to flight hours as hours time-in-service. Also, we
do not refer to a calendar compliance date of December 31, 2009,
because the effective date of this AD would be later than that date.
Other Information
(g) Alternative Methods of Compliance (AMOCs): The Manager,
Safety Management Group, ATTN: DOT/FAA Southwest Region, Mark Wiley,
ASW-111, Aviation Safety Engineer, Rotorcraft Directorate,
Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas
76137, telephone (817) 222-5114, 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) EASA MCAI AD No. 2009-0137, dated June 23, 2009, contains
related information.
Joint Aircraft System/Component (JASC) Code
(i) The JASC Code is 2460: Electrical Power Systems.
Issued in Fort Worth, Texas, on April 7, 2010.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-9696 Filed 4-26-10; 8:45 am]
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