[Federal Register: March 23, 2009 (Volume 74, Number 54)]
[Proposed Rules]
[Page 12096-12098]
[DOCID:fr23mr09-14]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0226; Directorate Identifier 2007-SW-35-AD]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Model A109E, A109S, A119,
and AW119MKII 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 A109E, A109S, A119, and AW119MKII
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 the aviation authority of Italy, with which we have
a bilateral agreement, has issued an MCAI AD which states that two
cases of cracks on a certain cargo hook lever (lever) have been
reported by the manufacturer of the cargo hook. This lever is a
critical structural component of the cargo hook, and a crack could
result in inadvertent loss of the cargo hook load. The proposed AD
would require actions that are intended to address the unsafe condition
caused by cracks in the cargo hook lever.

DATES: We must receive comments on this proposed AD by April 22, 2009.

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:<PHONE_NUMBER>.
     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<PHONE_NUMBER>) 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<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

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-2009-0226; Directorate
Identifier 2007-SW-35-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 Emergency AD No. 2007-0160-E, dated
June 7, 2007 (referred to after this as ``the MCAI''), to correct an
unsafe condition for these Italian-manufactured products. The MCAI
states that two cases of cracks in the cargo hook lever (lever), part
number (P/N) 232-028-00, have been reported by the manufacturer of the
cargo hook. The lever is a component of the cargo hook, P/N 528-010-01.
This lever is a critical structural component of the cargo hook, and a
crack could result in inadvertent loss of the cargo hook load.
    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 (ABT) No. 109EP-78, ABT
No. 109S-12, and ABT No. 119-21, all dated June 6, 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

    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 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 these same type
designs.

Differences Between This AD and the MCAI AD

    We have reviewed the MCAI and, in general, agree with its
substance. However, we have made the following changes:
     Excluded the August 31, 2007 compliance date because that
date has passed;
     Excluded the Model A109LUH from the applicability and do
not reference Agusta ABT No. 109L-006 because the Model A109LUH
helicopter is not on the U.S. type certificate, H7EU;
     Added the Model AW119MKII to the applicability;
     Proposed to require the use of a 10-power or higher
magnifying glass to accomplish the visual inspections; and
     Excluded the kit installation P/N, relying instead on the
cargo hook and lever P/N.

These differences are highlighted in the ``Differences Between the FAA
AD and the MCAI AD'' section in the proposed AD.

Costs of Compliance

    We estimate that this proposed AD would affect about 26 helicopters
on the U.S. Registry with the cargo hook. We also estimate that it
would take about 10 minutes to inspect each cargo hook for a crack, and
about 1 work-hour to replace a cracked cargo hook. The average labor
rate is $80 per work-hour. Required parts would cost about $3,677 per
cargo hook. Based on these figures, we estimate the cost of the
proposed AD on U.S. operators to be $97,647 per year, assuming that
each affected helicopter would require five inspections per week, and
that two cargo hooks would have to be replaced each year.

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, 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-2008-0226; Directorate Identifier
2007-SW-35-AD.

Comments Due Date

    (a) We must receive comments by April 22, 2009.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model A109E, A109S, A119, and AW119MKII
helicopters with cargo hook, part number (P/N) 528-010-01, and cargo
hook lever, P/N 232-028-00, installed, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI)
states that two cases of cracks in the lever, P/N 232-028-00, have
been reported by the

manufacturer of the cargo hook. The lever is a component of the
cargo hook, P/N 528-010-01. This lever is a critical structural
component of the cargo hook, and a crack could result in inadvertent
loss of the cargo hook load.

Actions and Compliance

    (e) Before each cargo hook operation, visually inspect the cargo
hook lever, P/N 232-028-00, for any crack. Use a 10-power or higher
magnifying glass and inspect in the area depicted in Figures 1 and 2
of the following Agusta Alert Bollettino Tecnico (ABT), all dated
June 6, 2007:
    (1) ABT No. 109EP-78 for Model A109E helicopters;
    (2) ABT No. 109S-12 for Model A109S helicopters; or
    (3) ABT No. 119-21 for Model A119 helicopters.
    (f) If a crack is found in the lever, do not use the cargo hook
until the entire cargo hook is replaced with an airworthy cargo hook
with an uncracked lever.

Differences Between the FAA AD and the MCAI AD

    (g) This AD differs from the MCAI AD in that we:
    (1) Exclude the August 31, 2007 compliance date because that
date has passed;
    (2) Exclude the Model A109LUH from the applicability and do not
reference Agusta ABT No. 109L-006 because the Model A109LUH
helicopter is not on the U.S. type certificate, H7EU;
    (3) Add the Model AW119MKII to the applicability;
    (4) Require the use of a 10-power or higher magnifying glass to
accomplish the visual inspections; and
    (5) Exclude the kit installation P/N, relying instead on the
cargo hook and lever P/N.

Other Information

    (h) 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: John Strasburger, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, TX 76137; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

Related Information

    (i) EASA Emergency AD No. 2007-0160-E, dated June 7, 2007,
contains related information.

Air Transport Association of America (ATA) Tracking Code

    (j) Air Transport Association of America (ATA) Code 2550: Cargo
Compartments.

    Issued in Fort Worth, Texas on March 4, 2009.
Jerald E. Strentz,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-6224 Filed 3-20-09; 8:45 am]

BILLING CODE 4910-13-P