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[Federal Register Volume 77, Number 13 (Friday, January 20, 2012)]
[Proposed Rules]
[Pages 2926-2928]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1121]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0013; Directorate Identifier 2010-SW-043-AD]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. 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 AB139 and AW139 helicopters with a certain 
generator control unit (GCU). This proposed AD was prompted by 
laboratory tests which revealed a potential fault in the overvoltage 
protection on a certain part-numbered GCU. This proposed AD would 
require replacing each affected GCU with an airworthy GCU. In addition, 
any affected GCU is not approved for installation on any helicopter. We 
are proposing this AD to prevent failure of the overvoltage protection 
of the GCU, degraded performance of the electrical power generation and 
distribution systems, a fire, and subsequent loss of control of the 
helicopter.

DATES: We must receive comments on this proposed AD by March 20, 2012.

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

[[Page 2927]]

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 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 Westland, Customer Support & Services, Via Per Tornavento 15, 
21019 Somma Lombardo (VA) Italy, ATTN: Giovanni Cecchelli; telephone 
39-0331-711133; fax 39-0331-711180; or at http://www.agustawestland.com/technical-bullettins. You may review copies of 
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: Mark Wiley, Aerospace Engineer, FAA, 
Regulations and Policy Group, Rotorcraft Directorate, 2601 Meacham 
Blvd., Fort Worth, Texas 76137; telephone: (817) 222-5134; fax: (817) 
222-5961; email: mark.wiley@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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued AD No. 
2009-0042, dated February 25, 2009 (AD-2009-0042) to correct an unsafe 
condition for the Agusta Model AB139 and AW139 helicopters, all serial 
numbers (S/Ns) except S/Ns 31002, 31003, 31004, and 31007. EASA advises 
that laboratory tests performed on a new GCU model under development 
have shown a potential fault in the overvoltage protection of currently 
installed GCUs, part number (P/N) 1152550-3. EASA advises that this 
condition, if not corrected, could adversely affect the helicopter's 
electrical power generation and distribution system functionalities.

FAA's Determination

    We are proposing this AD because we evaluated all known relevant 
information and determined that an unsafe condition exists and is 
likely to exist or develop on other helicopters of these same type 
designs.

Related Service Information

    Agusta S.p.A. issued Mandatory Bollettino Tecnico No. 139-133, 
Revision A, dated March 17, 2009 (BT), for Model AB139 and AW139 
helicopters, S/Ns 31005 up to S/N 31143, except for S/Ns 31007, 31037, 
31038, 31094; S/N 31112; S/Ns 31146 up to S/N 31148; S/N 31155; S/Ns 
31201 up to S/N 31218; and S/Ns 41001 up to S/N 41022, except S/N 
41007; with a GCU, P/N 1152550-3. This BT specifies, within 6 months 
from receipt of the BT, removing GCU, P/N 1152550-3, modifying 
electrical connector A13P1 and A14P1, and replacing each GCU with an 
airworthy GCU, P/N 1152550-4 or 1152550-5, to improve electrical power 
generation and distribution system functionalities. EASA classified 
this BT as mandatory and issued AD 2009-0048 to ensure the continued 
airworthiness of these helicopters.

Proposed AD Requirements

    This proposed AD would require, within 6 months, removing the No. 1 
and No.2 GCU, P/N 1152550-3, modifying the electrical connectors A13P1 
and A14P1 by installing wiring to the power distribution panel, and 
installing a No. 1 and No. 2 GCU with P/N 1152550-4 or 1152550-5. Both 
GCUs must have identical P/Ns on the same helicopter.

Differences Between This Proposed AD and the EASA AD

    The EASA AD does not apply to certain serial-numbered Model AB139 
and AW139 helicopters, and this proposed AD applies to all serial-
numbered Model AB139 and AW139 helicopters.

Costs of Compliance

    We estimate that this proposed AD would affect 72 helicopters of 
U.S. Registry. We estimate that operators may incur the following costs 
in order to comply with this AD. We estimate that it would take about 4 
work hours per helicopter at an average labor rate of $85 per work 
hour. Required parts would cost about $42,384 per helicopter. Based on 
these figures, we estimate the total cost impact of the proposed AD for 
the U.S. operator fleet to be $3,076,128.
    According to the Agusta service information some of the costs of 
this proposed AD may be covered under warranty, thereby reducing the 
cost impact on affected individuals. We do not control warranty 
coverage by Agusta. Accordingly, we have included all costs in our cost 
estimate.

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.

[[Page 2928]]

    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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Agusta S.P.A. Helicopters (Agusta): Docket No. FAA-2012-0013; 
Directorate Identifier 2010-SW-043-AD.

(a) Applicability

    This AD applies to Agusta Model AB139 and AW139 helicopters, 
with a generator control unit (GCU), part-number (P/N) 1152550-3 
installed; certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a potential fault in the 
overvoltage protection in GCUs currently installed on Model AB139 
and AW139 helicopters. We are proposing this AD to prevent failure 
of the overvoltage protection of the GCU, degraded performance of 
the electrical power generation and distribution systems, or fire, 
and subsequent loss of control of the helicopter.

(c) 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.

(d) Requirements

    (1) Remove the No. 1 and No. 2 GCU, P/N 1152550-3. Do not 
install GCU, P/N 1152550-3, on any helicopter.
    (2) Modify the electrical connector A13P1 (GCU 1) and 
A14P1 (GCU 2) by installing the wiring to the power 
distribution panel (PDP) for your serial-numbered helicopter as 
depicted in Figure 1 of Agusta Bollettino Tecnico No. 139-133, 
Revision A, dated March 17, 2009.
    (3) Using either GCU P/N 1152550-4 or GCU P/N 1152550-5, install 
a No. 1 and No. 2 GCU that has the same part number. Having 
different part-numbered GCUs on the same helicopter is not approved.

(e) Alternative Methods of Compliance (AMOC)

    (1) 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. In accordance 
with 14 CFR 39.19, send your request to your principal inspector or 
local Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD.
    (2) For operations conducted under a Part 119 operating 
certificate or under 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.

(f) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (Italy) AD 2009-0042, dated February 25, 2009.

(g) Subject

    Joint Aircraft Service Component (JASC) Code: 2430 DC generating 
system.

    Issued in Fort Worth, Texas, on January 5, 2012.
Lance T. Gant,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-1121 Filed 1-19-12; 8:45 am]
BILLING CODE 4910-13-P
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