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[Federal Register Volume 78, Number 130 (Monday, July 8, 2013)]
[Proposed Rules]
[Pages 40640-40642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16312]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Proposed 
Rules

[[Page 40640]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0256; Directorate Identifier 2007-SW-01-AD]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. (Type Certificate 
Currently Held by AgustaWestland S.p.A.) (Agusta) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to revise an existing airworthiness directive (AD) 
for the Agusta Model AB139 and AW139 helicopters. The existing AD 
currently requires inspecting the fuselage frame to detect fatigue 
cracks which could lead to structural failure and subsequent loss of 
control of the helicopter. Since we issued that AD, Agusta has 
developed a frame reinforcement modification which supports extending 
the interval for inspecting the fuselage frame for a fatigue crack. 
This proposed AD would require inspecting the fuselage frame for a 
crack, but would reduce the applicability from the existing AD to 
exclude helicopters modified by the optional frame reinforcement 
modification. The proposed actions are intended to detect a fatigue 
crack that could result in failure of the fuselage frame and subsequent 
loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by September 6, 
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 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 the 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, Texas 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 June 19, 2008, we issued AD 2008-14-02, Amendment 39-15597 (73 
FR 39572, July 10, 2008), for Agusta model AB 139 and AW 139 
helicopters, certificated in any category. AD 2008-14-02 requires, 
within 10 hours time-in-service (TIS), or upon accumulating 100 hours 
TIS since new, whichever occurs later, inspecting the fuselage frame 
5700 middle section for a crack. AD 2008-14-02 also requires repeating 
this inspection at intervals not exceeding 100 hours TIS, and, if a 
crack is found, before further flight, repairing the crack in 
accordance with FAA-approved procedures. AD 2008-14-02 was prompted by 
European Aviation Safety Agency (EASA) AD No. 2006-0357, dated November 
26, 2006 (EASA AD 2006-0357), which states that tests have shown that 
the Agusta AB/AW 139's fuselage frame 5700 middle section is prone to 
fatigue damage. AD 2008-14-02 is intended to detect a crack in the 
fuselage frame structure, to prevent structural failure of the frame, 
and subsequent loss of control of the helicopter.

Actions Since Existing AD Was Issued

    Since we issued AD 2008-14-02 (73 FR 39572, July 10, 2008), Agusta 
has issued Optional Bollettino Tecnico No. 139-089, dated February 19, 
2010 (BT 139-089), which describes procedures for modifying with a 
structural reinforcement two different part-numbered 5700 fuselage 
frames and one part-numbered 3900 fuselage frame, thereby extending the 
repetitive inspection interval for the three frames. Subsequently, EASA 
issued AD No. 2006-0357R1, dated April 22, 2010 (EASA AD 2006-0357R1), 
which revised EASA AD 2006-0357 by

[[Page 40641]]

removing Agusta model AB139 and AW139 helicopters modified by BT 139-
089 with the structural reinforced frames from the applicability 
requirements of the fatigue crack inspection.

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 the EASA AD. We 
are issuing this AD because we evaluated all information provided by 
EASA and determined the unsafe condition exists and is likely to exist 
or develop on other helicopters of these same type designs.

Related Service Information

    Agusta issued Bollettino Tecnico No. 139-018, Revision B, dated 
October 18, 2006, which specifies inspection procedures for the middle 
section frame 5700 for all Model AB139 and AW139 helicopters except 
with serial number 31002, 31003, 31004, and 31007. Subsequently, Agusta 
issued BT 139-089, which describes procedures for installing carbon 
fiber structural reinforcement skins at frame station 5700 for two 
part-numbered fuselage frames and for one frame station 3900 fuselage 
frame. Once the fuselage frames have been modified in accordance with 
BT 139-089, the inspection interval of Mandatory Inspection task MI53-
12 may be extended. EASA classified this service information as 
mandatory and revised its existing AD and issued AD 2006-0357R1 to 
ensure the continued airworthiness of these helicopters.

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 2008-14-02 (73 
FR 39572, July 10, 2008), but would remove from the applicability 
section any helicopter modified by installing the structural 
reinforcement skins in accordance with BT 139-089. This proposed AD 
would continue to require initially inspecting the fuselage frame 5700 
middle section within 10 hours time-in-service (TIS), or upon 
accumulating 100 hours TIS since new, whichever occurs later, for a 
crack. This proposed action would also continue to require repeating 
this inspection at intervals not exceeding 100 hours TIS, and, if there 
is a crack, before further flight, repairing the crack in accordance 
with FAA-approved procedures.

Differences Between the Proposed AD and the EASA AD

    The EASA AD requires contacting the type certificate (TC) holder 
for further instructions if damage or a crack is found; this proposed 
AD would require repairing the crack, before further flight, with FAA-
approved procedures with no requirement to contact the TC holder. The 
EASA AD also excludes helicopters with serial number 31002, 31003, 
31004, and 31007; whereas, this proposed AD does not.

Costs of Compliance

    We estimate that this proposed AD would affect 33 helicopters of 
U.S. Registry. We estimate that operators may incur the following costs 
in order to comply with this AD. It would take about one work-hour to 
comply with the initial and each subsequent inspection required by this 
AD. The average labor rate is $85 per work-hour so the approximate cost 
for each inspection would be $85 per helicopter or $2,805 for the U.S.-
registered fleet. We estimate the cost to repair the fuselage middle 
frame section would be about $10,000.

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

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 removing airworthiness directive (AD) 
AD 2008-14-02 (73 FR 39572, July 10, 2008), and adding the following 
new AD:

Agusta S.p.A. (Type Certificate Currently Held by AgustaWestland 
S.p.A.) (Agusta): Docket No. FAA-2008-0256; Directorate Identifier 
2007-SW-01-AD.

(a) Applicability

    This AD applies to Agusta Model AB139 and AW139 helicopters, 
except helicopters with reinforcement skin part number (P/N) 
3G5306P08512 installed on left hand (LH) frame station 5700 P/N 
3P5338A13352 and right hand (RH) frame station 5700 P/N 
3P5338A13452; or with reinforcement skin P/N 3G5306P08513 installed 
on LH frame station 5700 P/N 3P5338A13353 and RH frame station 5700 
P/N 3P5338A13453; or with LH frame station 5700 P/N 3P5338A13354 and 
RH frame station 5700 P/N 3P5338A13454 installed, certificated in 
any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a fatigue crack in the 
fuselage frame 5700 middle section. This condition could result in 
structural failure of the frame and subsequent loss of control of 
the helicopter.

[[Page 40642]]

(c) Affected ADs

    This AD revises AD 2008-14-02, Amendment 39-15597 (73 FR 39572, 
July 10, 2008).

(d) Comments Due Date

    We must receive comments by September 6, 2013.

(e) 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.

(f) Required Actions

    (1) Within 10 hours time-in-service (TIS), or upon accumulating 
100 hours TIS since new, whichever occurs later, inspect the 
fuselage frame 5700 middle section for a crack in accordance with 
the Compliance Instructions, paragraphs 1. through 4., of Agusta 
Bollettino Tecnico No. 139-018, Revision B, dated October 18, 2006.
    (2) Thereafter, at intervals not exceeding 100 hours TIS, repeat 
the inspection as required by paragraph (f)(1) of this AD.
    (3) If there is a crack, before further flight, repair the crack 
in accordance with an FAA-approved procedure.

(g) 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, Texas 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.

(h) Additional Information

    (1) Agusta Bollettino Tecnico No. 139-089, dated February 19, 
2010, which is not incorporated by reference, specifies procedures 
to modify Model AB139 and AW139 helicopters by installing structural 
reinforcement skins at frame station 5700 to allow for extended 
inspection intervals for fatigue.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2006-0357R1, dated April 22, 2010. You 
may view the EASA AD at http://www.regulations.gov by searching for 
and locating it in Docket No. FAA-2008-0256.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 5311, Fuselage, 
Main Frame.

    Issued in Fort Worth, Texas, on June 28, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-16312 Filed 7-5-13; 8:45 am]
BILLING CODE 4910-13-P
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