```

[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Proposed Rules]
[Pages 52270-52272]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21285]

-----------------------------------------------------------------------

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: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
Agusta S.p.A. (Agusta) Model AB139 and AW139 helicopters with a certain 
wire strike protection system (WSPS) top cable cutter assembly 
installed. This proposed AD is prompted by a report of in-flight 
contact between the top cable cutter assembly and two main rotor (M/R) 
blades. This proposed AD would require reworking or replacing the top 
cable-cutter assembly to increase clearance between the WSPS and the M/
R blades. The proposed AD actions are intended to prevent damage to the 
M/R blades and subsequent loss of helicopter control.

DATES: We must receive comments on this proposed AD by October 29, 
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 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, 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 
a copy 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: 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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
No. 2008-0148, dated August 5, 2008, to correct the unsafe condition 
for these Agusta helicopters with a top cable cutter assembly, part 
number (P/N) 423-83001-1, which is part of the WSPS, P/N 4G9540F00211 
or P/N 4G9540F00311. An incident of in-flight contact between the top 
cable cutter assembly and two M/R blades has been reported. Our 
proposed AD actions are intended to prevent damage to the M/R blades 
and subsequent loss of helicopter control.

FAA's 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, EASA, its technical representative, 
has notified us of the unsafe condition described in its AD. We are 
proposing this AD 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.

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 wire strike protection systems. The BT 
specifies, within 200 flight hours, reworking the

[[Page 52271]]

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 AD Requirements

    This proposed AD 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:
     [cir] Reworking the top cable cutter assembly, P/N 423-83001-1, in 
accordance with portions of BT No. 139-126; or
     [cir] Replacing the top cable cutter assembly, P/N 423-83001-1, 
with an airworthy top cable cutter assembly.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires marking the reworked top cable-cutter 
assembly, and this proposed AD does not.

Costs of Compliance

    We estimate that this proposed AD would affect about 39 helicopters 
of U.S. registry. We also estimate that it would take about three work-
hours per helicopter to rework the top cable-cutter assembly, one work-
hour to replace the top cable-cutter assembly, and one 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 the 
proposed 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.

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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Agusta S.p.A Helicopters (Agusta): 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 in-flight 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) 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) 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; or
    (ii) Replace the top cable cutter assembly, P/N 423-83001-1, 
with an airworthy top cable cutter assembly.

(e) Alternative Methods of Compliance (AMOC)

    (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.

(f) Additional Information

    (1) For service information identified in this 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 a copy of the service information at the FAA, Office of the 
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2008-0148, dated August 5, 2008.

 (g) Subject

    Joint Aircraft Service Component (JASC) Code: 5320: Fuselage 
Miscellaneous Structure.

[[Page 52272]]

    Issued in Fort Worth, Texas, on August 16, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-21285 Filed 8-28-12; 8:45 am]
BILLING CODE 4910-13-P
```