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[Federal Register: April 27, 2010 (Volume 75, Number 80)]
[Proposed Rules]               
[Page 22043-22044]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap10-17]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0449; Directorate Identifier 2009-SW-38-AD]
RIN 2120-AA64

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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose adopting a new airworthiness directive (AD) for the 
Agusta Model A109E helicopters. This proposed AD results from a 
mandatory continuing airworthiness information (MCAI) AD issued by the 
European Aviation Safety Agency (EASA), which is the Technical Agent 
for the Member States of the European Community. The MCAI AD states 
that after a report of an electrical failure, an investigation revealed 
inadequate functioning of the 35 amperes (Amps) battery bus (BATT BUS) 
circuit breaker that was not within design requirements. These actions 
are intended to replace the 35 Amps with a 50 Amps circuit breaker and 
replace the wires with oversized ones to prevent an electrical failure, 
loss of electrical power, and subsequent loss of control of the 
helicopter.

DATES: We must receive comments on this proposed AD by May 27, 2010.

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 your 
comments electronically.
     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 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may get the service information identified in this proposed AD 
from 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.
    Examining the 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 
stated in the ADDRESSES section of this AD. Comments will be available 
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, Mark Wiley, 
ASW-111, Aviation Safety Engineer, Rotorcraft Directorate, Regulations 
and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas 76137, 
telephone (817) 222-5114, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written data, views, or arguments about 
this proposed AD. Send your comments to an address listed in the 
ADDRESSES section of this proposal. Include ``Docket No. FAA-2010-0449; 
Directorate Identifier 2009-SW-38-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Community, has issued EASA AD 2009-0137, dated June 23, 2009, 
to correct an unsafe condition for the Agusta Model A109E helicopters.
    Following a report of an electrical failure, Agusta investigated 
the electrical power generation system and identified inadequate 
functioning of the 35 Amps BATT BUS circuit breaker. To prevent an 
electrical failure, the manufacturer has developed a BATT BUS circuit 
breaker modification kit for replacing the 35 Amps circuit breaker with 
a 50 Amps circuit breaker and replacing the wires with oversized ones. 
You may obtain further information by examining the MCAI AD and any 
related service information in the AD docket.

Related Service Information

    Agusta has issued Bollettino Tecnico No. 109EP-98, dated June 22, 
2009, that specifies modifying the BATT BUS circuit breaker 
installation. The service information specifies modifying the fuselage 
electrical installation, part number (P/N) 109-0741-49, and the 
overhead panel electrical installation, P/N 109-0741-55, with a BATT 
BUS circuit breaker modification kit, P/N 109-0824-73-101. The actions 
described in the MCAI AD are intended to correct the same unsafe 
condition as that identified in the service information.

FAA's Evaluation and Unsafe Condition Determination

    This model helicopter has been approved by the aviation authority 
of Italy and is approved for operation in the United States. Pursuant 
to our bilateral agreement with Italy, EASA, their Technical Agent, has 
notified us of the unsafe condition described in the MCAI AD. We are 
proposing this AD

[[Page 22044]]

because we evaluated the information provided by EASA and determined 
the unsafe condition exists and is likely to exist or develop on other 
helicopters of the same type design.

Differences Between This AD and the MCAI AD

    We refer to flight hours as hours time-in-service. Also, we do not 
refer to a calendar compliance date of December 31, 2009, because the 
effective date of this AD would be later than that date.

Costs of Compliance

    We estimate that this AD would affect about 73 helicopters of U.S. 
registry. We also estimate that it would take about 5 work-hours per 
helicopter to modify the BATT BUS circuit breaker installation. The 
average labor rate is $85 per work-hour. Required parts will cost about 
$700 for the BATT BUS circuit breaker kit. Based on these figures, we 
estimate the cost of this AD on U.S. operators would be $82,125, 
assuming the entire fleet is modified.

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 product(s) 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.
    Therefore, I certify this proposed AD:
    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. 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.: Docket No. FAA-2010-0449; Directorate Identifier 
2009-SW-38-AD.

Comments Due Date

    (a) We must receive your comments by May 27, 2010.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Agusta Model A109E helicopters, all 
serial numbers up to and including serial number (S/N) 11758 (except 
S/N 11741, 11754, and 11757) modified with a circuit breaker 
modification kit, part number (P/N) 109-0812-04-101, -103, -107, or 
-109; certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) AD 
states after a report of an electrical failure, an investigation 
revealed inadequate functioning of the 35 amperes (Amps) battery bus 
(BATT BUS) circuit breaker.

Actions and Compliance

    (e) Within 50 hours time-in-service, unless already done, modify 
the fuselage electrical installation, P/N 109-0741-49, and the 
overhead panel electrical installation, P/N 109-0741-55 with a BATT 
BUS circuit breaker modification kit, P/N 109-0824-73-101, as 
depicted in Figures 1 and 2 and by following the Compliance 
Instructions, paragraphs 2 through 20.7, of Agusta Bollettino 
Tecnico No. 109EP-98, dated June 22, 2009.

Differences Between This AD and the MCAI AD

    (f) We refer to flight hours as hours time-in-service. Also, we 
do not refer to a calendar compliance date of December 31, 2009, 
because the effective date of this AD would be later than that date.

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety Management Group, ATTN: DOT/FAA Southwest Region, Mark Wiley, 
ASW-111, Aviation Safety Engineer, Rotorcraft Directorate, 
Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas 
76137, telephone (817) 222-5114, fax (817) 222-5961, has the 
authority to approve AMOCs for this AD, if requested, using the 
procedures found in 14 CFR 39.19.

Related Information

    (h) EASA MCAI AD No. 2009-0137, dated June 23, 2009, contains 
related information.

Joint Aircraft System/Component (JASC) Code

    (i) The JASC Code is 2460: Electrical Power Systems.

    Issued in Fort Worth, Texas, on April 7, 2010.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-9696 Filed 4-26-10; 8:45 am]
BILLING CODE 4910-13-P
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