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.

Proposed Rules Federal Register

40640 

Vol. 78, No. 130 

Monday, July 8, 2013 

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). 

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/technicalbullettins. 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-inservice (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 partnumbered 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Proposed Rules 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
40642 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Proposed Rules 

(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 FAAapproved 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0597; Directorate 

Identifier 2013–CE–016–AD] 

RIN 2120–AA64 

Airworthiness Directives; Diamond 

Aircraft Industries GmbH Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for 

Diamond Aircraft Industries GmbH 

Models DA 42, DA 42 NG, and DA 42 

M–NG airplanes. This proposed AD 

results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as insufficient clearance 

between the rod end safety washer and 

the nose landing gear attachment lever 

causes the rod end to bend at each gear 

retraction sequence. We are issuing this 

proposed AD to require actions to 

address the unsafe condition on these 

products. 

DATES: We must receive comments on 

this proposed AD by August 22, 2013. 

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 comments. 

• 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. 

For service information identified in 

this proposed AD, contact Diamond 

Aircraft Industries GmbH, N.A. OttoStr.5, A–2700 Wiener Neustadt, Austria; 

telephone: +43 2622 26700; fax: +43 

2622 26780; email: office@diamondair.at; Internet: http:// 

www.diamondaircraft.com/contact/ 

technical.php. You may review copies 

of the referenced service information at 

the FAA, Small Airplane Directorate, 

901 Locust, Kansas City, Missouri 

64106. For information on the 

availability of this material at the FAA, 

call (816) 329–4148. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

MCAI, the regulatory evaluation, any 

comments received, and other 

information. The street address for the 

Docket Office (telephone (800) 647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Mike Kiesov, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4144; fax: (816) 

329–4090; email: mike.kiesov@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2013–0597; Directorate Identifier 

2013–CE–016–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 because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No.: 2013– 

0121, dated June 4, 2013 (referred to 

after this as ‘‘the MCAI’’), to correct an 


tkelley on DSK3SPTVN1PROD with PROPOSALS