[Federal Register Volume 65, Number 185 (Friday, September 22, 2000)]
[Proposed Rules]
[Pages 57298-57300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24372]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-SW-07-AD]


Airworthiness Directives; Agusta S.p.A. (Agusta) Model A109E 
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to Agusta Model A109E 
helicopters, that currently requires inspections of the exhaust ejector 
locking system, clamp, and dampers for each engine. The existing AD 
also requires verifying the torque of the metallic clamps and 
installing safety wire on the metallic clamps; inspecting and modifying 
the ejector saddles and the locking metallic clamps; and inspecting the 
metallic clamps, locking mechanisms, and dampers. This action would 
require modifying the engine exhaust ejectors. This proposal is 
prompted by the development of a kit to modify the engine exhaust 
ejectors to provide terminating action from the requirements of the 
current AD. The actions specified by the proposed AD are intended to 
prevent loss of the metallic clamp or the engine exhaust ejector, 
damage to the main or tail rotor system and subsequent loss of control 
of the helicopter.

DATES: Comments must be received on or before November 6, 2000.

ADDRESSES: Submit mailed comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2000-SW-07-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137. You may also send comments electronically 
to the Rules Docket at the following address: <a href="/cdn-cgi/l/email-protection#a89185c9dbdf85c9cccbc7c5c5cdc6dcdbe8cec9c986cfc7de"><span class="__cf_email__" data-cfemail="1a23377b696d377b7e797577777f746e695a7c7b7b347d756c">[email protected]</span></a>. 
You may inspect comments at the Office of the Regional Attorney between 
9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Paul Madej, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort Worth, 
Texas 76193-0110, telephone (817) 222-5125, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:   

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may

[[Page 57299]]

be changed in light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their mailed 
comments submitted in response to this notice must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 2000-SW-07-AD.'' The postcard will be date 
stamped and returned to the commenter.

Availability of NPRMs

    You may obtain a copy of this NPRM by submitting a request to the 
FAA, Office of the Regional Counsel, Southwest Region, Attention: Rules 
Docket No. 2000-SW-07-AD, 2601 Meacham Blvd., Room 663, Fort Worth, 
Texas 76137.

Discussion

    The Ente Nazionale per L'Aviazione Civile (ENAC), which is the 
airworthiness authority for Italy, has notified the FAA that an unsafe 
condition may exist on Agusta Model A109E helicopters. The ENAC advises 
that modifying the engine exhaust ejectors, part number (P/N) 109-0601-
51, is necessary.
    On March 10, 1999, the FAA issued AD 99-03-10, Amendment 39-11080 
(64 FR 13502, March 19, 1999), to require, before further flight, 
inspections of the exhaust ejector to ejector saddle locking system, 
the torque of the metallic clamps, and the dampers at the bottom of the 
ejector saddle. Installing safety wire on the metallic clamp for each 
engine is also required. Within the next 10 hours time-in-service 
(TIS), that AD required inspecting the dampers and metallic clamps, and 
repositioning and modifying the ejector saddles and the locking 
metallic clamps. Thereafter, at intervals not to exceed 25 hours TIS, 
inspecting the metallic clamps, locking mechanisms, and dampers is 
required. That action was prompted by an inflight incident in which a 
metallic clamp that secured the left-hand engine exhaust ejector to the 
ejector saddle became detached and separated from the helicopter. The 
requirements of that AD are intended to prevent loss of the metallic 
clamp or the engine exhaust ejector, damage to the main or tail rotor 
system, and subsequent loss of control of the helicopter.
    Since the issuance of that AD, the manufacturer has issued a 
technical bulletin that specifies installing new saddle assemblies and 
new damper supports with improved shock characteristics. Additionally, 
the technical bulletin specifies installing a redesigned ejector saddle 
locking system using mounting bolts instead of a metallic clamp.
    Agusta has issued Agusta Technical Bulletin No. 109EP-5, dated 
December 22, 1999, which specifies modifying the engine exhaust 
ejectors, P/N 109-0601-51, by installing a kit, P/N 109-0822-94. The 
ENAC classified this service bulletin as mandatory and issued AD No. 
2000-001, dated January 4, 2000, in order to assure the continued 
airworthiness of these helicopters in Italy.
    This helicopter model is manufactured in Italy and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, ENAC has kept the FAA informed of 
the situation described above. The FAA has examined the findings of the 
ENAC, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other Agusta Model A109E model helicopters of the 
same type design, the proposed AD would supersede AD 99-03-10 to 
require modifying the engine exhaust ejectors, P/N 109-0601-51, by 
installing a kit, P/N 109-0822-94.
    The FAA estimates that 13 helicopters of U.S. registry would be 
affected by this proposed AD, that it would take approximately 12 work 
hours per helicopter to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. The manufacturer has stated 
that 12 work hours labor costs at $40 per hour and kit will be provided 
under warranty if requested prior to December 31, 2000. Based on these 
figures, the total cost impact of the proposed AD on U.S. operators is 
estimated to be $3,120, assuming that all operators take full advantage 
of all the warranty coverage stated by the manufacturer.
    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that 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); 
and (3) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by removing Amendment 39-11080 (64 FR 
13502, March 19, 1999), and by adding a new airworthiness directive 
(AD), to read as follows:

Agusta S.p.A.: Docket No. 2000-SW-07-AD. Supersedes AD 99-03-10, 
Amendment 39-11080, Docket No. 99-SW-10-AD.

    Applicability: Model A109E helicopters, up to and including 
serial numbers 11057, excluding serial numbers 11001, 11005, 11047, 
11049, 11055 and 11056, with engine exhaust ejectors, part number 
109-0601-51, installed, certificated in any category.

    Note 1: This AD applies to each helicopter identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For helicopters that have been modified, 
altered, or repaired so that the performance

[[Page 57300]]

of the requirements of this AD is affected, the owner/operator must 
request approval for an alternative method of compliance in 
accordance with paragraph (f) of this AD. The request should include 
an assessment of the effect of the modification, alteration, or 
repair on the unsafe condition addressed by this AD; and if the 
unsafe condition has not been eliminated, the request should include 
specific proposed actions to address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent loss of the metallic clamp or the engine exhaust 
ejector, damage to the main or tail rotor system, and subsequent 
loss of control of the helicopter, accomplish the following:
    (a) Prior to further flight, in accordance with Part I of the 
Compliance Instructions in Agusta Bollettino Tecnico No. 109EP-3, 
dated December 22, 1998 (Technical Bulletin), inspect the exhaust 
ejector to ejector saddle locking system, the dampers at the bottom 
of the ejector saddle, and the torque of the metallic clamp, and 
install safety wire on the metallic clamp. If any damage is found as 
a result of the inspection, accomplish Part II of the Compliance 
Instructions in the Technical Bulletin prior to further flight.
    (b) Within the next 10 hours time-in-service (TIS), inspect the 
dampers and metallic clamps, and reposition and modify the ejector 
saddle and the locking metallic clamp in accordance with Part II of 
the Compliance Instructions in the Technical Bulletin.
    (c) Thereafter, at intervals not to exceed 25 hours TIS, inspect 
the metallic clamp, locking mechanism, and dampers in accordance 
with Part III of the Compliance Instructions in the Technical 
Bulletin.
    (d) Before further flight after December 31, 2000, modify the 
engine exhaust ejectors, part number (P/N) 109-0601-51, by 
installing a kit, P/N 109-0822-94, in accordance with the Compliance 
Instructions in Agusta Technical Bulletin No. 109EP-5, dated 
December 22, 1999.
    (e) Installing a kit, P/N 109-0822-94, is terminating action for 
the requirements of this AD.
    (f) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Regulations Group, Rotorcraft 
Directorate, FAA. Operators shall submit their requests through a 
FAA Principal Maintenance Inspector, who may concur or comment and 
then send it to the Manager, Regulations Group.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Regulations Group.

    (g) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the helicopter to a location where 
the requirements of this AD can be accomplished.

    Note 3: The subject of this AD is addressed in Ente Nazionale 
per l'Aviazione Civile (Italy) AD No. 2000-001, dated January 4, 
2000, and 2000-088, dated February 10, 2000.


    Issued in Fort Worth, Texas, on September 15, 2000.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 00-24372 Filed 9-21-00; 8:45 am]
BILLING CODE 4910-13-U


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