AD 2008-12-11

[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Rules and Regulations]
[Pages 33876-33879]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E8-13381]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0630; Directorate Identifier 2008-SW-19-AD; 
Amendment 39-15554; AD 2008-12-11]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model A109E, A109S, and 
A119 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 Agusta 
S.p.A. Model A109E, A109S, and A119 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:

    During a ground test of the emergency door release system, the 
Pilot doors failed to disengage. Investigation determined that the 
reason of this malfunction is interference between the lower hinge 
and the fuselage structure. This condition, if not corrected, 
creates the risk of non-disengagement of the Pilot- and/or Co-pilot 
doors during an emergency, inhibiting the evacuation of the 
aircraft, possibly resulting in injuries to the occupants.

This AD requires actions that are intended to address the unsafe 
condition caused by interference between the pilot or co-pilot door 
lower hinge and the fuselage structure.

DATES: This AD becomes effective on July 1, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of Agusta Alert Bollettino Tecnico No. 109EP-83, No. 109S-18, 
and No. 119-25, all dated November 29, 2007, as of July 1, 2008.
    We must receive comments on this AD by August 15, 2008.

ADDRESSES: You may send comments by any of the following methods:

[[Page 33877]]

    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 AD from 
Agusta, 21017 Cascina Costa di Samarate (VA) Italy, Via Giovanni Agusta 
520, telephone 39 (0331) 229111, fax 39 (0331) 229605-222595.
    Examining the Docket: You may examine the AD docket on the Internet 
at <a href="http://www.regulations.gov">http://www.regulations.gov</a>, 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: Sharon Miles, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations and Policy 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 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.

Discussion

    The European Aviation Safety Agency (EASA), which is the technical 
agent for the Member States of the European Community, has issued an 
MCAI in the form of EASA Airworthiness Directive No. 2007-0295R1-E, 
dated December 4, 2007 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for these Italian-certificated helicopters. 
The MCAI states:

    ``During a ground test of the emergency door release system, the 
Pilot doors failed to disengage. Investigation determined that the 
reason of this malfunction is interference between the lower hinge 
and the fuselage structure. This condition, if not corrected, 
creates the risk of non-disengagement of the Pilot- and/or Co-pilot 
doors during an emergency, inhibiting the evacuation of the 
aircraft, possibly resulting in injuries to the occupants.''

This AD requires actions that are intended to address the unsafe 
condition caused by interference between the pilot or co-pilot door 
lower hinge and the fuselage structure. You may obtain further 
information by examining the MCAI and service information in the AD 
docket.

Relevant Service Information

    Agusta has issued Alert Bollettino Tecnico No. 109EP-83, No. 109S-
18, and No. 119-25, all dated November 29, 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 Requirements of This AD

    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 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 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, we have made the 
following changes:
    <bullet> The compliance times in this AD are stated in terms of 
hours time-in-service rather than calendar dates, as stated in the 
MCAI.
    <bullet> This AD is not applicable to the Model A109LUH helicopters 
because they are not type certificated in the United States.
    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 AD.

Cost of Compliance

    We estimate that this AD will affect 140 helicopters of U.S. 
registry and that it will take about 1 work-hour to inspect both doors 
and 2 work-hours to re-work both doors, if necessary, per helicopter. 
The average labor rate is $80 per work-hour. Based on these figures, we 
estimate the cost of the AD on U.S. operators to be $33,600, assuming 
all 140 helicopters are inspected and require rework of both doors.

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 
inspecting for interference between the pilot and co-pilot door lower 
hinge and the fuselage structure is required within 5 hours time-in-
service, and, if there is no interference, rework is required within 
100 hours time-in-service (which equates to approximately 2 months of 
operations), both very short compliance times, and if interference is 
found, corrective action is required before further flight. 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-2008-0630; Directorate 
Identifier 2008-SW-19-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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any

[[Page 33878]]

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:

2008-12-11 Agusta S.p.A.: Amendment 39-15554. Docket No. FAA-2008-
0630; Directorate Identifier 2008-SW-19-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on July 
1, 2008.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model A109E, A109S, and A119 helicopters, 
certificated in any category.

Reason

    (d) The mandatory continued airworthiness information (MCAI) 
states:

    During a ground test of the emergency door release system, the 
Pilot doors failed to disengage. Investigation determined that the 
reason of this malfunction is interference between the lower hinge 
and the fuselage structure. This condition, if not corrected, 
creates the risk of non-disengagement of the Pilot- and/or Co-pilot 
doors during an emergency, inhibiting the evacuation of the 
aircraft, possibly resulting in injuries to the occupants.

Actions and Compliance

    (e) Within the next 5 hours time-in-service (TIS), unless 
already done, do the following actions.
    (1) Inspect the Pilot & Co-pilot Doors emergency release system 
in accordance with the Compliance Instructions, Part I, steps 2 
through 5, of Agusta Alert Bollettino Tecnico (BT) No. 109EP-83, 
dated November 29, 2007, (BT 109E) for Model A109E helicopters; BT 
No. 109S-18, dated November 29, 2007, (BT 109S) for Model A109S 
helicopters; or BT No. 119-25, dated November 29, 2007, (BT119) for 
Model A119 helicopters, as appropriate for your model helicopter.
    (i) If any interference is found between the lower hinge and the 
housing on the helicopter structure, before further flight, rework 
the housing slot of the lower hinge in accordance with the 
Compliance Instructions, Part II, of either BT 109E, BT 109S, or BT 
119, as appropriate for your model helicopter.
    (ii) If no interference is found between the lower hinge and the 
housing on the helicopter structure, rework the housing slot of the 
lower hinge within the next 100 hours TIS in accordance with the 
Compliance Instructions, Part II, steps 2 through 11, of either BT 
109E, BT 109S, or BT 119, as appropriate for your model helicopter.

Differences Between the FAA AD and the MCAI

    (f) The compliance times in this AD are stated in terms of hours 
TIS rather than calendar dates, as stated in the MCAI. Also, this AD 
is not applicable to the Model A109LUH helicopters because they are 
not type certificated in the United States.

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: Sharon 
Miles, Aviation Safety Engineer, FAA, Rotorcraft Directorate, 
Regulations and Policy 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

    (h) Mandatory Continuing Airworthiness Information (MCAI) 
European Aviation Safety Agency (EASA) Airworthiness Directive No. 
2007-0295R1-E, dated December 4, 2007, contains related information.

Subject

    (i) Air Transport Association of America (ATA) Code JASC 5210, 
Passenger/Crew Doors.

Material Incorporated by Reference

    (j) You must use the specified portions of the service 
information specified in Table 1 of this AD to do the actions 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Agusta S.p.A., 21017 Cascina Costa di Samarate (VA) Italy, Via 
Giovanni Agusta 520, telephone 39 (0331) 229111, fax 39 (0331) 
229605-222595.
    (3) You may review copies 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

[[Page 33879]]



              Table 1.--Material Incorporated by Reference
 
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   Agusta Alert Bollettino Tecnico                    Date
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No. 109EP-83, No. 109S-18, and No.     November 29, 2007.
 119-25.
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    Issued in Fort Worth, Texas, on June 3, 2008.
Judy I. Carl,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E8-13381 Filed 6-13-08; 8:45 am]
BILLING CODE 4910-13-P