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[Federal Register Volume 76, Number 94 (Monday, May 16, 2011)]
[Rules and Regulations]
[Pages 28169-28171]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11797]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0452; Directorate Identifier 2008-SW-27-AD; 
Amendment 39-16692; AD 2011-10-11]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Model AB412 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. (Agusta) Model AB412 helicopters. This AD results from mandatory 
continuing airworthiness information (MCAI) originated by the aviation 
authority of Italy to identify and correct an unsafe condition related 
to the rescue hoist hook installed on this model helicopter. The 
aviation authority of Italy, with which we have a bilateral agreement, 
states in the MCAI that a missing lock pin may cause the loss of the 
hoist hook and any load. The absence of the lock pin constitutes an 
unsafe condition, and this AD is intended to detect the presence of an 
identification plate marked ``BT 412-124,'' which indicates that the 
hook assembly has the lock pin installed to prevent the loss of a 
rescue hoist hook and its load.

DATES: This AD becomes effective on May 31, 2011.
    We must receive comments on this AD by July 15, 2011.

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 AD from 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 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, 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: George Schwab, Aerospace Engineer, 
Safety Management Group, FAA, Rotorcraft Directorate, 2601 Meacham 
Blvd., Fort Worth, TX 76137; telephone (817) 222-5114; fax (817) 222-
5961.

SUPPLEMENTARY INFORMATION: 

[[Page 28170]]

Discussion

    The Ente Nazionale Per L'Aviazione Civile (ENAC), which is the 
aviation authority for Italy, has issued Italian Airworthiness 
Directive No. 2008-62, dated February 19, 2008 (referred to after this 
as ``the MCAI''), to correct an unsafe condition for these Italian-
certificated helicopters. The MCAI states that a missing lock pin may 
cause the loss of the hoist hook and any load. The absence of the lock 
pin constitutes an unsafe condition, and this AD is intended to detect 
the presence of an identification plate marked ``BT 412-124,'' which 
indicates that the hook assembly has the lock pin installed to prevent 
the loss of a rescue hoist hook and its load.
    You may obtain further information by examining the MCAI and 
service information in the AD docket.

Related Service Information

    Agusta has issued Alert Bollettino Tecnico No. 412-124, dated 
February 19, 2008, that describes performing a one-time inspection to 
verify the presence of a lock pin in the installed and spare hoist hook 
assemblies, returning the hoist hook assembly to Agusta if it is 
missing a lock pin, or installing a plate on the hoist showing 
compliance with the inspection if a lock pin is present. The actions 
described in this service information are intended to correct the same 
unsafe condition as that identified in the MCAI.

FAA's Evaluation and Unsafe Condition Determination

    These helicopters have been approved by the aviation authority of 
Italy, and are approved for operation in the United States. Pursuant to 
our bilateral agreement with Italy, they have notified us of the unsafe 
condition described in the MCAI. We are issuing this AD because we 
evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other helicopters of this same 
type design.

Differences Between This AD and the MCAI

    This AD differs from the MCAI as follows:
     We do not require inspecting spare part hook assemblies.
     We do not require a March 31, 2008 compliance time because 
that date has passed.
     We do not require returning a hook assembly in which there 
is no lock pin installed to the manufacturer.
    These differences are highlighted in the ``Differences Between this 
AD and the MCAI'' section in the AD.

Costs of Compliance

    There are no costs of compliance since there are no helicopters of 
this type design on the U.S. Registry.

FAA's Determination of the Effective Date

    Since there are currently no affected U.S. registered helicopters, 
we have determined that notice and opportunity for prior public comment 
before issuing this AD are unnecessary, and that good cause exists for 
making this amendment effective in less 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-2011-0452; Directorate 
Identifier 2008-SW-27-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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    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:

2011-10-11 AGUSTA S.p.A.: Amendment 39-16692. Docket No. FAA-2011-
0452; Directorate Identifier 2008-SW-27-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on May 
31, 2011.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model AB412 helicopters, with rescue 
hoist assembly, part number (P/N) BL-10300-60 or P/N 412-8800-01-315 
with a rescue hook assembly, P/N S6150-61090-1 or P/N 412-8800-05-
101, installed, certificated in any category.

Reason

    (d) The mandatory continued airworthiness information (MCAI) 
states that a missing lock pin may cause the loss of the hoist hook 
and any load. The absence of the lock pin constitutes an unsafe 
condition and this AD is intended to detect the absence of this lock 
pin to prevent the loss of a rescue hoist hook and its load.

[[Page 28171]]

Actions and Compliance

    (e) Before further flight, unless accomplished previously, 
inspect the rescue hoist hook assembly (hook assembly) for the 
presence of an attached identification plate marked ``BT 412-124.''
    (1) If this identification plate is installed on the hook 
assembly, no further action is required.
    (2) If this identification plate is not installed on the hook 
assembly:
    (i) Review the hook assembly maintenance records to determine if 
the hook assembly was manufactured after April 1, 2008. If so, no 
further action is required.
    (ii) If the hook assembly date of manufacture is March 31, 2008, 
or earlier or if the date of manufacture cannot be determined, 
replace the hook assembly with an airworthy hook assembly that was 
either manufactured after April 2, 2008, or has an identification 
plate installed that is marked ``BT 412-124.''

Differences Between This AD and the MCAI

    (f) This AD differs from the MCAI as follows:
    (1) We do not require inspecting spare part hook assemblies.
    (2) We do not require a March 31, 2008 compliance time because 
that date has passed.
    (3) We do not require returning a hook assembly in which there 
is no lock pin installed to the manufacturer.

Other Information

    (g) 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: George Schwab, Aerospace Engineer, Safety 
Management Group, FAA, Rotorcraft Directorate, 2601 Meacham Blvd., 
Fort Worth, TX 76137; telephone (817) 222-5114; fax (817) 222-5961.

Related Information

    (h) Mandatory Continuing Airworthiness Information (MCAI) Ente 
Nazionale Per L'Aviazone Civile (ENAC) Airworthiness Directive No. 
2008-62, dated February 19, 2008, and Agusta Alert Bollettino 
Tecnico No. 412-124, dated February 19, 2008, contain related 
information.
    (i) The Joint Aircraft System Component (JASC)/Air Transport 
Association (ATA) of America Code is 2550, External Load Handling 
Equipment.

    Issued in Fort Worth, Texas, on April 28, 2011.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2011-11797 Filed 5-13-11; 8:45 am]
BILLING CODE 4910-13-P
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