Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Proposed Rules 40055 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

tooth rupture in the MGB. This condition 

could result in failure of the MGB, loss of 

power to the main rotor, and subsequent loss 

of control of the helicopter. 

(c) Comments Due Date 

We must receive comments by September 

3, 2013. 

(d) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(e) Required Actions 

(1) Within 100 hours time-in-service (TIS), 

and thereafter at intervals not to exceed 100 

hours or 12 months, whichever occurs first, 

take an oil sample in accordance with the 

Accomplishment Instructions, Part 1, of 

Eurocopter Alert Service Bulletin EC 135– 

63A–012, Revision 5, dated September 6, 

2011 (ASB EC135–63A–012). 

(2) Within 25 hours TIS after taking the oil 

sample in paragraph (e)(1), analyze the oil 

sample in accordance with the 

Accomplishment Instructions, Part 2.A. 

through Part 2.C. of ASB EC135–63A–012, 

except that you are not required to contact 

Eurocopter. 

(i) If the analysis indicates Stage II as 

specified by the Accomplishment 

Instructions, Part 2.B., of ASB EC135–63A– 

012, within 25 hours TIS, remove and inspect 

the oil filter element for a chip, defined as 

any solid piece of metal but not metallic fuzz 

or fine particles. 

(A) If there are no chips, clean the oil filter 

element and chip detector, inspect the drive 

stage toothing, perform a ground run, and 

inspect for leaking oil in accordance with the 

Accomplishment Instructions, Part 4.A 

through 4.G, of ASB EC135–63A–012. 

Change the oil. 

(B) If there is a chip, replace the MGB with 

an airworthy MGB before further flight. 

(ii) If the analysis indicates Stage III as 

specified by the Accomplishment 

Instructions, Part 2.B., of ASB EC135–63A– 

012 and if the water content is between 0.1 

and 0.5 percent, within 10 hours TIS, remove 

and inspect the oil filter element for a chip. 

(A) If there are no chips, clean the oil filer 

element and chip detector, inspect the drive 

stage toothing, perform a ground run, and 

inspect for leaking oil in accordance with the 

Accomplishment Instructions, Part 4.A 

through 4.G, of ASB EC135–65A–012. 

Change the oil. 

(B) If there is a chip, replace the MGB with 

an airworthy MGB before further flight. 

(3) Before the MGB has accumulated 300 

hours TIS, determine whether two or more 

chip indications have occurred. If two or 

more chip indications have occurred, inspect 

the drive stage toothing, perform a ground 

run, and inspect for leaking oil in accordance 

with the Accomplishment Instructions, Part 

4.A through 4.G, of ASB EC135–65A–012. 

(4) Any time there is a chip indication, 

remove and inspect the chip detector for 

deposits (fine particles or metallic fuzz) or 

chips, and remove and inspect the oil filter 

element for a chip. 

(i) If there are no chips and a minimal 

amount of particles or metallic fuzz, 

corresponding to Figure 5, Stage A of ASB 

EC135–65A–012, clean the chip detector and 

the oil filter element and enter the chip 

indication on the MGB log card before further 

flight. 

(ii) If there are no chips and some particles 

or metallic fuzz, corresponding to Figure 5, 

Stage B of ASB EC135–65A–012, clean the 

chip detector and the oil filter element and 

enter the chip indication on the MGB log 

card before further flight, and within 10 

hours TIS inspect the drive stage toothing, 

perform a ground run, and inspect for leaking 

oil in accordance with the Accomplishment 

Instructions, Part 4.A through 4.G, of ASB 

EC135–65A–012. Perform a ground run for 15 

minutes at the flight-idle power setting, and 

then re-inspect the chip detector for a chip, 

particles, and metallic fuzz. 

(iii) If there is a chip, replace the MGB with 

an airworthy MGB. 

(f) Alternative Methods of Compliance 

(AMOC) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Chinh Vuong, 

Aerospace Engineer, Safety Management 

Group, Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, TX 76137; 

telephone (817) 222–5110; email 

Chinh.Vuong@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CR part 91, subpart K, we suggest that you 

notify your principal inspector, or lacking a 

principal inspector, the manager of the local 

flight standards district office or certificate 

holding district office before operating any 

aircraft complying with this AD through an 

AMOC. 

(g) Additional Information 

The subject of this AD is addressed in the 

European Aviation Safety Agency (EASA) AD 

No. 2009–0106R1, dated November 3, 2011. 

You may view the EASA AD at http:// 

www.regulations.gov in Docket No. FAA– 

2013–0554. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6320, Main Rotor Gearbox. 

Issued in Fort Worth, Texas, on June 18, 

2013. 

Kim Smith, 

Directorate Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–15958 Filed 7–2–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0886; Directorate 

Identifier 2008–SW–067–AD] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (SNPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

notice of proposed rulemaking (NPRM) 

that proposed to issue an airworthiness 

directive (AD) for Agusta S.p.A. 

(Agusta) Model AB139 and AW139 

helicopters with a certain wire strike 

protection system (WSPS) top cable 

cutter assembly installed. The existing 

NPRM proposes to require reworking or 

replacing the top cable cutter assembly 

to increase clearance between the WSPS 

and the main rotor (M/R) blades. The 

NPRM was prompted by a report of inflight contact between the top cablecutter assembly and two M/R blades. 

This action revises the proposals in the 

NPRM by requiring that the reworked or 

replaced part be marked with ‘‘BT 139– 

126 Rev./’’ or ‘‘FAA’’ at the end of the 

part number to reflect the field 

modification. Since these actions 

impose an additional burden over that 

proposed in the NPRM, we are 

reopening the comment period to allow 

the public the chance to comment on 

these proposed changes. 

DATES: We must receive comments on 

this SNPRM by September 3, 2013. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

http://www.regulations.gov. Follow the 

online instructions for sending your 

comments electronically. 

• Fax: 202–493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001. 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov or in person at the 


tkelley on DSK3SPTVN1PROD with PROPOSALS
40056 Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Proposed Rules 

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 service information 

identified in this proposed AD, contact 

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. You may review the 

referenced service information at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham 

Blvd., Room 663, Fort Worth, Texas 

76137. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Miles, Aviation Safety Engineer, 

Regulations and Policy Group, 

Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, TX 76137; 

telephone (817) 222–5110; email 

sharon.y.miles@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to participate in this 

rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to the 

economic, environmental, energy, or 

federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit only one time. 

We will file in the docket all 

comments that we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

Discussion 

On August 16, 2012, we issued an 

NPRM to amend 14 CFR part 39 to 

include an AD that would apply to 

Agusta Model AB139 and AW139 

helicopters with a certain WSPS top 

cable cutter assembly installed. The 

NPRM was published in the Federal 

Register on August 29, 2012 (77 FR 

52270). The NPRM was prompted by a 

report of in-flight contact between the 

top cable-cutter assembly and two M/R 

blades. Based on this report, the 

European Aviation Safety Agency 

(EASA), which is the technical Agent 

for the member States of the European 

Union, issued EASA AD No. 2008–0148, 

dated August 5, 2008. The NPRM 

proposed to require reworking or 

replacing the top cable cutter assembly 

to increase clearance between the WSPS 

and the M/R blades, which is the same 

corrective action required by EASA AD 

No. 2008–0148. 

Actions Since Previous NPRM Was 

Issued 

Since we issued the previous NPRM 

(77 FR 52270, August 29, 2012), we 

determined that the required actions 

should include re-identifying the 

reworked or replaced part by marking 

‘‘BT 139–126 Rev./’’ or ‘‘FAA’’ at the 

end of the part number to reflect the 

field modification. Because this 

proposed change expands the scope of 

the NPRM, we are reopening the 

comment period to provide additional 

opportunity for public comment. 

Comments 

We gave the public the opportunity to 

comment on the previous NPRM (77 FR 

52270, August 29, 2012), but we did not 

receive any comments. 

FAA’s Determination 

We are proposing this SNPRM 

because we evaluated all known 

relevant information and determined 

that an unsafe condition is likely to 

exist or develop on other products of 

these same type designs. Certain 

changes described above expand the 

scope of the original NPRM. As a result, 

we have determined that it is necessary 

to reopen the comment period to 

provide additional opportunity for the 

public to comment on this SNPRM. 

Related Service Information 

We reviewed Agusta Bollettino 

Tecnico No. 139–126, dated June 20, 

2008 (BT), which applies to Model 

AB139 and AW139 helicopters with 

certain serial-numbered WSPSs. The BT 

specifies, within 200 flight hours, 

reworking the top cable cutter assembly 

and marking it with ‘‘BT 139–126 

Rev./’’ in a visible and permanent 

manner. EASA classified this BT as 

mandatory and issued AD No. 2008– 

0148 to ensure the continued 

airworthiness of these helicopters. 

Proposed Requirements of the SNPRM 

This proposed SNPRM would require: 

• Within 200 hours time-in-service, 

removing the WSPS upper installation, 

P/N 4G9540A00111, including cutter 

assembly, P/N 423–83001–1. 

• Before installing a WSPS upper 

installation, P/N 4G9540A00111, either 

reworking the top cable cutter assembly, 

P/N 423–83001–1, and re-identifying 

the part by adding ‘‘BT 139–126 

Rev./’’ or ‘‘FAA’’ to the end of the part 

number, or replacing the top cable 

cutter assembly, P/N 423–83001–1, with 

an airworthy top cable cutter assembly 

that has been reworked and reidentified. 

Costs of Compliance 

We estimate that this AD would affect 

about 39 helicopters of U.S. registry. We 

also estimate that it would take about 3 

work-hours per helicopter to rework the 

top cable cutter assembly and to add 

‘‘BT 139–126 Rev./’’ or ‘‘FAA’’ at the 

end of the part number, 1 work-hour to 

replace the top cable cutter assembly, 

and 1 work-hour to remove the WSPS 

upper installation. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $9,000 per 

helicopter to replace the cutter. Based 

on these figures, we estimate the cost of 

this AD on U.S. operators would be 

$255 per helicopter to rework the top 

cable cutter assembly, $9,085 per 

helicopter to replace the top cable cutter 

assembly, and $85 per helicopter to 

remove the WSPS. 

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. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Proposed Rules 40057 

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, 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); 

3. Will not affect intrastate aviation in 

Alaska to the extent that it justifies 

making a regulatory distinction; and 

4. 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Agusta S.p.A. Helicopters: Docket No. FAA– 

2012–0886; Directorate Identifier 2008– 

SW–067–AD. 

(a) Applicability 

This AD applies to Agusta Model AB139 

and AW139 helicopters, with a wire strike 

protection system (WSPS) top cable cutter 

assembly, part number (P/N) 423–83001–1, 

installed, which is part of the WSPS, P/N 

4G9540F00211 or P/N 4G9540F00311, 

certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as inflight contact between the top cable cutter 

assembly and main rotor (M/R) blades. This 

condition could result in damage to the 

M/R blades and subsequent loss of helicopter 

control. 

(c) Comments Due Date 

We must receive comments by September 

3, 2013. 

(d) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(e) Required Actions 

(1) Within 200 hours time-in-service, 

remove the WSPS upper installation, P/N 

4G9540A00111, including top cable cutter 

assembly, P/N 423–83001–1. 

(2) Before installing a WSPS upper 

installation, P/N 4G9540A00111, either: 

(i) Rework the top cable cutter assembly, 

P/N 423–83001–1, in accordance with the 

Compliance Instructions, paragraph 3.1 

through 3.5, and Figure 1 of Agusta Bolletino 

Technico No. 139–126, dated June 20, 2008. 

Re-identify the top cable cutter assembly in 

a visible and permanent way by adding ‘‘BT 

139–126 Rev./’’ or ‘‘FAA’’ at the end of the 

part number; or 

(ii) Replace the top cable cutter assembly, 

P/N 423–83001–1, with an airworthy top 

cable cutter assembly that has been reworked 

and re-identified in accordance with 

paragraph (e)(2)(i) of this AD. 

(3) Do not install a top cable cutter 

assembly, P/N 423–83001–1, on any 

helicopter unless it has been reworked and 

re-identified in accordance with paragraph 

(e)(2)(i) of this AD. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Sharon Miles, 

Aviation Safety Engineer, Regulations and 

Policy Group, Rotorcraft Directorate, FAA, 

2601 Meacham Blvd., Fort Worth, TX 76137; 

telephone (817) 222–5110; email 

sharon.y.miles@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office before 

operating any aircraft complying with this 

AD through an AMOC. 

(g) Additional Information 

The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2008–0148, dated August 5, 2008. You 

may view the EASA AD at http:// 

www.regulations.gov by searching for and 

locating it in Docket No. FAA–2012–0886. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 5320: Fuselage Miscellaneous 

Structure. 

Issued in Fort Worth, Texas, on June 18, 

2013. 

Kim Smith, 

Directorate Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–15951 Filed 7–2–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0467; Directorate 

Identifier 2013–NM–023–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Airbus Model A318, A319, A320, and 

A321 series airplanes. This proposed 

AD was prompted by reports of certain 

sliding windows that were difficult to 

operate after landing. This proposed AD 

would require a detailed inspection to 

identify part numbers of sliding 

windows and sliding window seals, and 

modification if necessary. This 

proposed AD also includes an optional 

replacement. We are proposing this AD 

to detect and correct incorrect seals, 

which could lead to the functional loss 

of the sliding window as an exit, 

possibly preventing the flightcrew from 

safely evacuating the airplane during an 

emergency. 

DATES: We must receive comments on 

this proposed AD by August 19, 2013. 

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, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For Airbus service information 

identified in this proposed AD, contact 

Airbus, Airworthiness Office—EIAS, 1 


tkelley on DSK3SPTVN1PROD with PROPOSALS