Airworthiness Directives; Agusta S.p.A. Model AB139 and AW139 Helicopters, 11009-11011 [E9-4941]
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Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations
Material Incorporated by Reference
(l) You must use Airbus Service Bulletin
A320–57–1126, dated August 8, 2003, to do
the actions required by this AD, unless the
AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Airbus, Airworthiness
Office—EAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; fax +33 5 61
93 44 51; e-mail: account.airwortheas@airbus.com; Internet https://
www.airbus.com.
(3) You may review copies of the service
information that is incorporated by reference
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221 or 425–227–1152.
(4) You may also review copies of the
service information at the National Archives
and Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on February
27, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–5009 Filed 3–13–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0170; Directorate
Identifier 2008–SW–45–AD; Amendment 39–
15843; AD 2009–06–07]
RIN 2120–AA64
Airworthiness Directives; Agusta
S.p.A. Model AB139 and AW139
Helicopters
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
SUMMARY: We are adopting a new
airworthiness directive (AD) for Agusta
S.p.A. Model AB139 and AW139
helicopters. This AD results from
mandatory continuing airworthiness
information (MCAI) issued by the
European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community. The MCAI states:
‘‘Operators had reported a number of
VerDate Nov<24>2008
13:57 Mar 13, 2009
Jkt 217001
occurrences of in-flight losses of cockpit
door windows, both left and right side.
This condition, if not corrected, could
result in damage to critical
components.’’ The actions specified by
this AD are intended to require that
cockpit door windows (windows) be
replaced with re-designed windows to
prevent a window from separating from
the helicopter, contacting the tailboom
or tail rotor, resulting in loss of control
of the helicopter.
DATES: This AD becomes effective on
March 31, 2009.
The incorporation by reference of
certain publications is approved by the
Director of the Federal Register as of
March 31, 2009.
We must receive comments on this
AD by May 15, 2009.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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 AD from Agusta,
Product Support Italy, Via per
Tornavento, 15 21019 Somma
Lombardo, Varese Italy, telephone 39
(0331) 711111, fax 39 (0331) 711397, or
at https://customersupport.agusta.com/
technical_advice.php.
Examining the Docket: You may
examine the AD docket on the Internet
at https://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 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:
Sharon Miles, Aviation Safety Engineer,
FAA, Rotorcraft Directorate, Regulations
and Guidance Group, Fort Worth, Texas
76193–0111, telephone (817) 222–5122,
fax (817) 222–5961.
SUPPLEMENTARY INFORMATION:
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11009
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Community, has issued EASA
AD No. 2008–0108, dated June 5, 2008,
to correct an unsafe condition for Model
AB139 and AW139 helicopters.
Previously, EASA issued AD 2007–
0142, which required a dimensional
check and, if necessary, repairing the
cockpit door installation and replacing
the window seal. After the issuance of
AD 2007–0142, cases of cracks on
windows leading to loss of part of the
window were reported on cockpit doors
on which actions required by AD 2007–
0142 were applied. Therefore, EASA
issued AD 2008–0011, which
superseded AD 2007–0142 and included
the same requirements, but also
required reinforcing the windows in the
area where cracks had reportedly
developed. Additional cases of in-flight
breakage of windows have been
reported concerning cockpit doors on
which the actions required by AD 2008–
0011 were applied. Further
investigation showed that cracks had
originated in a different area of the
windows than with the previous cases,
suggesting a different route to failure.
You may obtain further information
by examining the MCAI and any related
service information in the AD docket.
Related Service Information
Agusta S.p.A. has issued Bollettino
Tecnico No. 139–129, dated June 3,
2008 (BT 139–129), which describes
replacing the left-hand side window
with a window, part number (P/N)
3P5211A10152A1, and right-hand side
window with a window, P/N
3P5211A48131A1, as well as installing
an additional strap to allow immediate
jettison in an emergency and installing
a new external emergency exit placard,
P/N 212–072–636–109. The actions
described in the MCAI are intended to
correct the same unsafe condition as
that identified in the service
information.
FAA’s Evaluation and Unsafe Condition
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, their Technical
Agent, EASA, has notified us of the
unsafe condition described in the MCAI.
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.
E:\FR\FM\16MRR1.SGM
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11010
Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations
Differences Between This AD and the
MCAI
The MCAI requires compliance
within 200 flight hours or 6 months and
uses the term ‘‘flight hours.’’ This AD
uses the term ‘‘hours time-in-service’’
(TIS) rather than ‘‘flight hours,’’ and
requires compliance within 30 hours
TIS or 30 days. Also, this AD references
specific steps in BT 139–129 to use in
complying with the AD. Finally, this AD
does not require you to contact Agusta
S.p.A. AW139 Customer Support
Engineering.
Costs of Compliance
We estimate that this AD will affect
about 26 helicopters of U.S. registry. We
also estimate that it will take about 4
work-hours per helicopter to replace
both the left-hand side and right-hand
side window and install a strap and
external emergency exit placard on each
door. The average labor rate is $80 per
work-hour. The service information
states that required parts will be
provided by the manufacturer at no cost,
however we estimate the cost of parts
not covered by warranty to be $8,300
per helicopter. Based on these figures,
we estimate the cost of this AD on U.S.
operators will be $8,620 per helicopter,
or $224,120 for the entire fleet.
FAA’s Determination of the Effective
Date
An unsafe condition exists that
requires the immediate adoption of this
AD. We find that the risk to the flying
public justifies waiving notice and
comment prior to adoption of this rule
because a window separating from the
helicopter could contact the tailboom or
tail rotor, resulting in loss of control of
the helicopter, and compliance with this
AD is required within a short time
period. Therefore, we have determined
that notice and opportunity for public
comment before issuing this AD are
impracticable and that good cause exists
for making this amendment effective in
fewer than 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not precede it by notice and
opportunity for public comment.
However, we invite you to send us any
written data, views, or arguments
concerning this AD. Send your
comments to an address listed under the
ADDRESSES section of this AD. Include
‘‘Docket No. FAA–2009–0170;
Directorate Identifier 2008–SW–45–AD’’
at the beginning of your comments. We
specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
VerDate Nov<24>2008
13:57 Mar 13, 2009
Jkt 217001
this AD. We will consider all comments
received by the closing date and may
amend this AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this AD.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
■
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
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 AD will not
have federalism implications under
Executive Order 13132. This AD will
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 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 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.
PO 00000
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Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2009–06–07 Agusta S.p.A.: Amendment 39–
15843. Docket No. FAA–2009–0170;
Directorate Identifier 2008–SW–45–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective on March 31, 2009.
Other Affected ADs
(b) None.
Applicability
(c) This AD applies to Model AB139 and
AW139 helicopters, serial numbers (S/N)
31005 through 31131 (except 31007, 31094,
and 31124), S/N 31201 through 31209, and
S/N 41001 through 41013 (except 41012),
certificated in any category.
Reason
(d) The mandatory continuing
airworthiness information (MCAI) states:
‘‘Operators had reported a number of
occurrences of in-flight losses of cockpit door
windows, both left and right side. This
condition, if not corrected, could result in
damage to critical components. As this
unsafe condition was likely to occur in other
helicopters of the same type design, EASA
Airworthiness Directive (AD) 2007–0142
required a dimensional check and, if
necessary, the repair of the cockpit door
installation and the replacement of the
window seal. After the issuance of AD 2007–
0142 cases of cracks on sliding windows
leading to loss of part of the window have
been reported on cockpit doors to which
actions required by this AD were applied.
Therefore the AD 2008–0011 superseded AD
2007–0142 taking over its requirements and
mandated, as an additional action, a
reinforcement of the sliding windows in the
area where cracks had developed. Additional
cases of in flight breakage of cockpit door
windows have been reported in service for
cockpit doors to which the AD 2008–0011
was applied. Further investigation showed
that cracks had originated in a different area
of the windows with respect to the previous
cases, suggesting a different route to failure.’’
Therefore, EASA issued AD 2008–0108,
which supersedes AD 2008–0011. We are
issuing this AD to require the same actions
as the EASA AD to correct the unsafe
condition created by the old-designed
cockpit door windows.
E:\FR\FM\16MRR1.SGM
16MRR1
Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations
Actions and Compliance
(e) Within 30 hours time-in-service (TIS) or
30 days, whichever occurs first, unless
already accomplished, do the following:
(f) Remove the left-hand and right-hand
side cockpit door windows and replace them
with airworthy cockpit door windows, part
number (P/N) 3P5211A10152A1 (left-hand
side window) and P/N 3P5211A48131A1
(right-hand side window). Install an
emergency jettison strap, P/N
3G5610A04751, with each cockpit door
window, and install an external emergency
exit placard, P/N 212–072–636–109, on each
cockpit door external side in accordance with
steps 1. through 11. of the Compliance
Instructions in Bollettino Tecnico No. 139–
129, dated June 3, 2008, except you are not
required to contact the manufacturer.
Records Administration (NARA). For
information on the availability of this
material at NARA, call (202) 741–6030, or go
to: https://www.archives.gov/federal-register/
cfr/ibr-locations.html.
Differences Between This AD and the MCAI
(g) The MCAI requires compliance within
200 flight hours or 6 months and uses the
term ‘‘flight hours.’’ This AD uses the term
‘‘hours TIS’’ rather than ‘‘flight hours,’’ and
requires compliance within 30 hours TIS or
30 days, whichever occurs first. Also, this AD
references specific steps in BT 139–129 to
use in complying with the AD. Finally, this
AD does not require you to contact Agusta
S.p.A. AW139 Customer Support
Engineering.
14 CFR Part 39
Other Information
(h) Alternative Methods of Compliance
(AMOCs): The Manager, Safety Management
Group, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send
information to ATTN: Sharon Miles,
Aerospace Engineer, Regulations and Policy
Group, Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, TX 76137;
telephone (817) 222–5122; fax (817) 222–
5961.
Related Information
(i) European Aviation Safety Agency MCAI
Airworthiness Directive No. 2008–0108,
dated June 5, 2008, contains related
information.
Air Transport Association of America (ATA)
Tracking Code
(j) ATA Code 5610: Flight Compartment
Windows.
Material Incorporated by Reference
(k) You must use the specified portions of
Bollettino Tecnico No. 139–129, dated June
3, 2008, to do the actions required.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Agusta, Product Support
Italy, Via per Tornavento, 15 21019 Somma
Lombardo, Varese Italy, telephone 39 (0331)
711111, fax 39 (0331) 711397, or at https://
customersupport.agusta.com/
technical_advice.php.
(3) You may review copies at FAA, Office
of the Regional Counsel, Southwest Region,
2601 Meacham Blvd., Room 663, Fort Worth,
Texas or at the National Archives and
VerDate Nov<24>2008
13:57 Mar 13, 2009
Jkt 217001
Issued in Fort Worth, Texas on February
12, 2009.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate,
Aircraft Certification Service.
[FR Doc. E9–4941 Filed 3–13–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2008–1330; Directorate
Identifier 2008–NM–138–AD; Amendment
39–15839; AD 2009–06–03]
RIN 2120–AA64
Airworthiness Directives; Viking Air
Limited Model DHC–7 Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This 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:
Transport Canada has received numerous
service difficulty reports concerning Viking
DHC–7 and Bombardier DHC–8 aircraft
fluorescent lamp holder damage due to
overheating. It has been determined that
lamp holder overheating is a result of arcing
between the fluorescent tube pins and the
lamp holder contacts when the tube is not
properly seated during installation.
Overheating of lamp holders, if not corrected,
could generate fumes and smoke * * *.
*
*
*
*
*
The unsafe condition could result in
an in-flight fire. We are issuing this AD
to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective April
20, 2009.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 20, 2009.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
PO 00000
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11011
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Wing Chan, Aerospace Engineer,
Systems and Flight Test Branch, ANE–
172, FAA, New York Aircraft
Certification Office, 1600 Stewart
Avenue, Suite 410, Westbury, New York
11590; telephone (516) 228–7311; fax
(516) 794–5531.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on December 23, 2008 (73 FR
78673). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
Transport Canada has received numerous
service difficulty reports concerning Viking
DHC–7 and Bombardier DHC–8 aircraft
fluorescent lamp holder damage due to
overheating. It has been determined that
lamp holder overheating is a result of arcing
between the fluorescent tube pins and the
lamp holder contacts when the tube is not
properly seated during installation.
Overheating of lamp holders, if not corrected,
could generate fumes and smoke, causing
concern to passengers and crew.
This directive mandates repetitive
inspection[s] for proper installation [and
functioning] of fluorescent tubes and
prohibits installation of non-arc-protected
replacement fluorescent lamp ballasts.
The unsafe condition could result in
an in-flight fire. The corrective actions
include replacing any lamps that are not
properly seated in the lamp holder, and
replacing any broken, non-functioning
lamp holders. Replacing all affected
fluorescent lamp ballasts would
terminate the repetitive inspections.
You may obtain further information by
examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM or
on the determination of the cost to the
public.
Conclusion
We reviewed the available data and
determined that air safety and the
public interest require adopting the AD
as proposed.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
E:\FR\FM\16MRR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Rules and Regulations]
[Pages 11009-11011]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4941]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0170; Directorate Identifier 2008-SW-45-AD;
Amendment 39-15843; AD 2009-06-07]
RIN 2120-AA64
Airworthiness Directives; Agusta S.p.A. Model AB139 and AW139
Helicopters
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta
S.p.A. Model AB139 and AW139 helicopters. This AD results from
mandatory continuing airworthiness information (MCAI) issued by the
European Aviation Safety Agency (EASA), which is the Technical Agent
for the Member States of the European Community. The MCAI states:
``Operators had reported a number of occurrences of in-flight losses of
cockpit door windows, both left and right side. This condition, if not
corrected, could result in damage to critical components.'' The actions
specified by this AD are intended to require that cockpit door windows
(windows) be replaced with re-designed windows to prevent a window from
separating from the helicopter, contacting the tailboom or tail rotor,
resulting in loss of control of the helicopter.
DATES: This AD becomes effective on March 31, 2009.
The incorporation by reference of certain publications is approved
by the Director of the Federal Register as of March 31, 2009.
We must receive comments on this AD by May 15, 2009.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://
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 AD from
Agusta, Product Support Italy, Via per Tornavento, 15 21019 Somma
Lombardo, Varese Italy, telephone 39 (0331) 711111, fax 39 (0331)
711397, or at https://customersupport.agusta.com/technical_advice.php.
Examining the Docket: You may examine the AD docket on the Internet
at https://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 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: Sharon Miles, Aviation Safety
Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group,
Fort Worth, Texas 76193-0111, telephone (817) 222-5122, fax (817) 222-
5961.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Community, has issued EASA AD No. 2008-0108, dated June 5,
2008, to correct an unsafe condition for Model AB139 and AW139
helicopters. Previously, EASA issued AD 2007-0142, which required a
dimensional check and, if necessary, repairing the cockpit door
installation and replacing the window seal. After the issuance of AD
2007-0142, cases of cracks on windows leading to loss of part of the
window were reported on cockpit doors on which actions required by AD
2007-0142 were applied. Therefore, EASA issued AD 2008-0011, which
superseded AD 2007-0142 and included the same requirements, but also
required reinforcing the windows in the area where cracks had
reportedly developed. Additional cases of in-flight breakage of windows
have been reported concerning cockpit doors on which the actions
required by AD 2008-0011 were applied. Further investigation showed
that cracks had originated in a different area of the windows than with
the previous cases, suggesting a different route to failure.
You may obtain further information by examining the MCAI and any
related service information in the AD docket.
Related Service Information
Agusta S.p.A. has issued Bollettino Tecnico No. 139-129, dated June
3, 2008 (BT 139-129), which describes replacing the left-hand side
window with a window, part number (P/N) 3P5211A10152A1, and right-hand
side window with a window, P/N 3P5211A48131A1, as well as installing an
additional strap to allow immediate jettison in an emergency and
installing a new external emergency exit placard, P/N 212-072-636-109.
The actions described in the MCAI are intended to correct the same
unsafe condition as that identified in the service information.
FAA's Evaluation and Unsafe Condition 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, their Technical Agent, EASA, has
notified us of the unsafe condition described in the MCAI. 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.
[[Page 11010]]
Differences Between This AD and the MCAI
The MCAI requires compliance within 200 flight hours or 6 months
and uses the term ``flight hours.'' This AD uses the term ``hours time-
in-service'' (TIS) rather than ``flight hours,'' and requires
compliance within 30 hours TIS or 30 days. Also, this AD references
specific steps in BT 139-129 to use in complying with the AD. Finally,
this AD does not require you to contact Agusta S.p.A. AW139 Customer
Support Engineering.
Costs of Compliance
We estimate that this AD will affect about 26 helicopters of U.S.
registry. We also estimate that it will take about 4 work-hours per
helicopter to replace both the left-hand side and right-hand side
window and install a strap and external emergency exit placard on each
door. The average labor rate is $80 per work-hour. The service
information states that required parts will be provided by the
manufacturer at no cost, however we estimate the cost of parts not
covered by warranty to be $8,300 per helicopter. Based on these
figures, we estimate the cost of this AD on U.S. operators will be
$8,620 per helicopter, or $224,120 for the entire fleet.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. We find that the risk to the flying public justifies waiving
notice and comment prior to adoption of this rule because a window
separating from the helicopter could contact the tailboom or tail
rotor, resulting in loss of control of the helicopter, and compliance
with this AD is required within a short time period. Therefore, we have
determined that notice and opportunity for public comment before
issuing this AD are impracticable and that good cause exists for making
this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. However, we invite you to send us any written data, views, or
arguments concerning this AD. Send your comments to an address listed
under the ADDRESSES section of this AD. Include ``Docket No. FAA-2009-
0170; Directorate Identifier 2008-SW-45-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. We will
consider all comments received by the closing date and may amend this
AD because of those comments.
We will post all comments we receive, without change, to https://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.
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 AD will not have federalism implications
under Executive Order 13132. This AD will 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 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 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.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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 adding the following new AD:
2009-06-07 Agusta S.p.A.: Amendment 39-15843. Docket No. FAA-2009-
0170; Directorate Identifier 2008-SW-45-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective on March
31, 2009.
Other Affected ADs
(b) None.
Applicability
(c) This AD applies to Model AB139 and AW139 helicopters, serial
numbers (S/N) 31005 through 31131 (except 31007, 31094, and 31124),
S/N 31201 through 31209, and S/N 41001 through 41013 (except 41012),
certificated in any category.
Reason
(d) The mandatory continuing airworthiness information (MCAI)
states: ``Operators had reported a number of occurrences of in-
flight losses of cockpit door windows, both left and right side.
This condition, if not corrected, could result in damage to critical
components. As this unsafe condition was likely to occur in other
helicopters of the same type design, EASA Airworthiness Directive
(AD) 2007-0142 required a dimensional check and, if necessary, the
repair of the cockpit door installation and the replacement of the
window seal. After the issuance of AD 2007-0142 cases of cracks on
sliding windows leading to loss of part of the window have been
reported on cockpit doors to which actions required by this AD were
applied. Therefore the AD 2008-0011 superseded AD 2007-0142 taking
over its requirements and mandated, as an additional action, a
reinforcement of the sliding windows in the area where cracks had
developed. Additional cases of in flight breakage of cockpit door
windows have been reported in service for cockpit doors to which the
AD 2008-0011 was applied. Further investigation showed that cracks
had originated in a different area of the windows with respect to
the previous cases, suggesting a different route to failure.''
Therefore, EASA issued AD 2008-0108, which supersedes AD 2008-0011.
We are issuing this AD to require the same actions as the EASA AD to
correct the unsafe condition created by the old-designed cockpit
door windows.
[[Page 11011]]
Actions and Compliance
(e) Within 30 hours time-in-service (TIS) or 30 days, whichever
occurs first, unless already accomplished, do the following:
(f) Remove the left-hand and right-hand side cockpit door
windows and replace them with airworthy cockpit door windows, part
number (P/N) 3P5211A10152A1 (left-hand side window) and P/N
3P5211A48131A1 (right-hand side window). Install an emergency
jettison strap, P/N 3G5610A04751, with each cockpit door window, and
install an external emergency exit placard, P/N 212-072-636-109, on
each cockpit door external side in accordance with steps 1. through
11. of the Compliance Instructions in Bollettino Tecnico No. 139-
129, dated June 3, 2008, except you are not required to contact the
manufacturer.
Differences Between This AD and the MCAI
(g) The MCAI requires compliance within 200 flight hours or 6
months and uses the term ``flight hours.'' This AD uses the term
``hours TIS'' rather than ``flight hours,'' and requires compliance
within 30 hours TIS or 30 days, whichever occurs first. Also, this
AD references specific steps in BT 139-129 to use in complying with
the AD. Finally, this AD does not require you to contact Agusta
S.p.A. AW139 Customer Support Engineering.
Other Information
(h) Alternative Methods of Compliance (AMOCs): The Manager,
Safety Management Group, FAA, has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
Send information to ATTN: Sharon Miles, Aerospace Engineer,
Regulations and Policy Group, Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, TX 76137; telephone (817) 222-5122; fax
(817) 222-5961.
Related Information
(i) European Aviation Safety Agency MCAI Airworthiness Directive
No. 2008-0108, dated June 5, 2008, contains related information.
Air Transport Association of America (ATA) Tracking Code
(j) ATA Code 5610: Flight Compartment Windows.
Material Incorporated by Reference
(k) You must use the specified portions of Bollettino Tecnico
No. 139-129, dated June 3, 2008, to do the actions required.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Agusta, Product Support Italy, Via per Tornavento, 15 21019 Somma
Lombardo, Varese Italy, telephone 39 (0331) 711111, fax 39 (0331)
711397, or at https://customersupport.agusta.com/technical_
advice.php.
(3) You may review copies at FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call
(202) 741-6030, or go to: https://www.archives.gov/federal-register/
cfr/ibr-locations.html.
Issued in Fort Worth, Texas on February 12, 2009.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-4941 Filed 3-13-09; 8:45 am]
BILLING CODE 4910-13-P
