Airworthiness Directives; Agusta S.p.A. Helicopters, 64699-64701 [2012-25896]
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Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations
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 adding
the following new airworthiness
directive (AD):
■
2012–21–02 The Boeing Company:
Amendment 39–17218; Docket No.
FAA–2011–0567; Directorate Identifier
2010–NM–272–AD.
(a) Effective Date
This AD is effective November 27, 2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 767–200, –300, –300F, and –400ER
series airplanes, certificated in any category,
as identified in Boeing Special Attention
Service Bulletin 767–57–0121, Revision 1,
dated July 27, 2011.
(d) Subject
Joint Aircraft System Component (JASC)/
Air Transport Association (ATA) of America
Code 57, Wings.
(e) Unsafe Condition
This AD was prompted by a design review
following a ground fire incident and reports
of flammable fluid leaks from the wing
leading edge area onto the engine exhaust
area. We are issuing this AD to prevent
flammable fluid from leaking onto the engine
exhaust nozzle, which could result in a fire.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
tkelley on DSK3SPTVN1PROD with RULES
(g) Drain Path Modification
Within 60 months after the effective date
of this AD, modify the fluid drain path in the
leading edge area of the wing, in accordance
with the Accomplishment Instructions of
Boeing Special Attention Service Bulletin
767–57–0121, Revision 1, dated July 27,
2011, as revised by Boeing Special Attention
Service Bulletin 767–57–0121, Revision 2,
dated January 10, 2012.
(h) Credit for Previous Actions
This paragraph provides credit for the
modification required by paragraph (g) of this
AD, if that modification was performed
before the effective date of this AD using
Boeing Special Attention Service Bulletin
767–57–0121, dated October 7, 2010, which
is not incorporated by reference in this AD.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
VerDate Mar<15>2010
16:04 Oct 22, 2012
Jkt 229001
64699
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in the
Related Information section of this AD.
Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD if it is approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle
ACO, to make those findings. For a repair
method to be approved, the repair must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
Issued in Renton, Washington, on October
9, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
(j) Related Information
(1) For more information about this AD,
contact Tung Tran, Aerospace Engineer,
Propulsion Branch, ANM–140S, Seattle
Aircraft Certification Office (ACO), FAA,
1601 Lind Avenue SW., Renton, WA 98057–
3356; phone: 425–917–6505; fax: 425–917–
6590; email: Tung.Tran@faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, WA 98124–2207; phone: 206–544–
5000, extension 1; fax: 206–766–5680;
Internet: https://www.myboeingfleet.com.
AGENCY:
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Special Attention Service
Bulletin 767–57–0121, Revision 1, dated July
27, 2011.
(ii) Boeing Special Attention Service
Bulletin 767–57–0121, Revision 2, dated
January 10, 2012.
(3) For service information identified in
this AD contact, Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, WA 98124–2207; phone: 206–544–
5000, extension 1; fax: 206–766–5680;
Internet: https://www.myboeingfleet.com.
(4) You may review copies of the
referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information
on the availability of this material at the
FAA, call 425–227–1221.
(5) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at an NARA facility, call 202–741–
6030, or go to https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
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[FR Doc. 2012–25672 Filed 10–22–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0448; Directorate
Identifier 2010–SW–016–AD; Amendment
39–17223; AD 2012–21–07]
RIN 2120–AA64
Airworthiness Directives; Agusta
S.p.A. Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
We are adopting a new
airworthiness directive (AD) for Agusta
S.p.A. (Agusta) Model A109S
helicopters to require modifying the
electrical power distribution system to
carry a higher electrical load. This AD
was prompted by an electrical failure on
an Agusta Model A109E helicopter that
resulted from ‘‘inadequate functioning
of the 35 amperes (amps) BATT BUS
circuit breaker.’’ The actions of this AD
are intended to require modifying the
electrical power distribution system to
prevent failure of the circuit breaker,
loss of electrical power to instruments
powered by the ‘‘BATT BUS’’ system,
and subsequent loss of control of the
helicopter.
SUMMARY:
This AD is effective November
27, 2012.
The Director of the Federal Register
approved the incorporation by reference
of a certain document listed in this AD
as of November 27, 2012.
ADDRESSES: For service information
identified in this AD, contact Agusta,
S.p.A., Via Giovanni Agusta 520, 21017
Cascina Costa di Samarate (VA), Italy,
ATTN: Giovanni Cecchelli; telephone
39–0331–711133; fax 39–0331–711180;
or at https://www.agustawestland.com/
technical-bullettins. You may review the
referenced service information at the
FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham
Blvd., Room 663, Fort Worth, Texas
76137.
Examining the AD 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
DATES:
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64700
Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations
through Friday, except Federal holidays.
The AD docket contains this AD, any
incorporated-by-reference service
information, the economic evaluation,
any comments received, and other
information. The street address for the
Docket Operations Office (phone: 800–
647–5527) is U.S. Department of
Transportation, Docket Operations
Office, M–30, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Mark F. Wiley, Aviation Safety
Engineer, Regulations and Policy Group,
Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, Texas
76137; telephone (817) 222–5110; email
mark.wiley@faa.gov.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with RULES
Discussion
On May 9, 2012, at 77 FR 27144, the
Federal Register published our Notice
of Proposed Rulemaking (NPRM), which
proposed to amend 14 CFR part 39 to
include an AD that would apply to
Agusta Model A109S helicopters, serial
numbers up to and including 22151.
That NPRM proposed to require
compliance with specified portions of
the manufacturer’s service bulletin to
modify the electrical power distribution
system by installing a ‘‘BATT BUS’’
Circuit Breaker Modification Kit, part
number 109–0824–73–107, and testing
for proper functioning of the electrical
system. The proposed requirements
were intended to prevent failure of the
circuit breaker, loss of electrical power
to instruments powered by the ‘‘BATT
BUS’’ system, and subsequent loss of
control of the helicopter.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, issued EASA AD No. 2009–0137,
dated June 23, 2009, for the Agusta
Model A109E helicopter to correct an
unsafe electrical condition caused by an
inadequately functioning circuit breaker
that was not within design
requirements. That EASA AD required
installing a ‘‘BATT BUS’’ circuit breaker
modification kit on Model A109E
helicopters. Based on the unsafe
condition created by this circuit breaker
as described in EASA AD No. 2009–
0137, the FAA issued AD 2010–20–21
(75 FR 61341, October 5, 2010;
Correction published at 75 FR 65224,
October 22, 2010) to require installing a
‘‘BATT BUS’’ circuit breaker
modification kit on Model A109E
helicopters in the United States.
Subsequently, EASA issued AD No.
2009–0264, dated December 15, 2009, to
correct the same unsafe condition on the
VerDate Mar<15>2010
16:04 Oct 22, 2012
Jkt 229001
Agusta Model A109S helicopter due to
the design commonality between the
electrical power distribution system of
the Model A109E and A109S
helicopters. The FAA is issuing this AD
for the Model A109S helicopter to
correct this same unsafe condition.
Comments
We gave the public the opportunity to
participate in developing this AD, but
we did not receive any comments on the
NPRM (77 FR 27144, May 9, 2012).
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
the same type design and that air safety
and the public interest require adopting
the AD requirements as proposed.
Differences Between This AD and the
EASA AD
This AD does not reference the
calendar date of June 30, 2010, which
has already passed.
Related Service Information
Agusta has issued Bollettino Tecnico
No. 109S–35, dated December 11, 2009
(BT), which specifies modifying and
testing the ‘‘BATT BUS’’ circuit breaker
installation. EASA classified this BT as
mandatory and issued AD No. 2009–
0264, dated December 15, 2009, to
ensure the continued airworthiness of
these helicopters.
Costs of Compliance
We estimate that this AD will affect
15 helicopters of U.S. Registry. We
estimate that operators may incur the
following costs in order to comply with
this AD. It will take about 8 work-hours
per helicopter to install the ‘‘BATT
BUS’’ circuit breaker modification kit at
an average labor rate of $85 per workhour and required parts will cost about
$471 per helicopter. Based on these
figures, we estimate the total cost
impact of this AD on U.S. operators to
be $17,265.
According to the Agusta service
information, some of the costs of this
AD may be covered under warranty,
thereby reducing the cost impact on
affected individuals. We do not control
warranty coverage by Agusta.
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Frm 00008
Fmt 4700
Sfmt 4700
Accordingly, we have included all costs
in our cost estimate.
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
helicopters identified in this rulemaking
action.
Regulatory Findings
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.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
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 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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
E:\FR\FM\23OCR1.SGM
23OCR1
Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations
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.
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.
64701
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
(h) Additional Information
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
The subject of this AD is addressed in
European Aviation Safety Agency AD No.
2009–0264, dated December 15, 2009.
[Docket No. FAA–2012–0144; Directorate
Identifier 2011–NM–152–AD; Amendment
39–17220; AD 2012–21–04]
RIN 2120–AA64
2012–21–07—AGUSTA S.p.A. (Agusta):
Amendment 39–17223; Docket No.
FAA–2012–0448; Directorate Identifier
2010–SW–016–AD.
(i) Subject
Airworthiness Directives; Airbus
Airplanes
Joint Aircraft Service Component (JASC)
Code: 2460, DC Power/Distribution System.
AGENCY:
§ 39.13
[Amended]
■
(a) Applicability
This AD applies to Agusta Model A109S
helicopters, serial numbers up to and
including 22151, certificated in any category.
(b) Unsafe Condition
This AD defines the unsafe condition as
failure of the 35 ampere (amp) ‘‘BATT BUS,’’
which could result in an electrical failure
and fire, loss of electrical power to
instruments powered by the ‘‘BATT BUS’’
system, and subsequent loss of control of the
helicopter.
(c) Effective Date
This AD becomes effective November 27,
2012.
(d) 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.
(e) Required Actions
Within 50 hours time-in-service, modify
the electrical power distribution system by
installing the ‘‘BATT BUS’’ Circuit Breaker
Modification Kit, part number 109–0824–73–
107, as depicted in Figures 1 through 3 and
by following the Compliance Instructions,
paragraphs 4. through 7., of Agusta Bollettino
Tecnico No. 109S–35, dated December 11,
2009 (ASB). Thereafter, operationally test the
electrical system by following paragraphs
19.1 through 19.7 of the ASB.
tkelley on DSK3SPTVN1PROD with RULES
(f) Special Flight Permits
Special flight permits may be issued in
accordance with 14 CFR 21.197 and 21.199
to operate the helicopter to a location where
the requirements of this AD can be
accomplished provided that you do not
simultaneously operate the landing light and
the search light.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Agusta Bollettino Tecnico No. 109S–35,
dated December 11, 2009.
(ii) Reserved.
(3) For Agusta service information
identified in this AD, contact Agusta, S.p.A.,
Via Giovanni Agusta 520, 21017 Cascina
Costa di Samarate (VA), Italy, ATTN:
Giovanni Cecchelli; telephone 39–0331–
711133; fax 39–0331–711180; or at https://
www.agustawestland.com/technicalbullettins.
(4) You may view this service information
at FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd.,
Room 663, Fort Worth, Texas 76137. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(5) You may view this service information
that is incorporated by reference 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/ibrlocations.html.
Issued in Fort Worth, Texas, on October 12,
2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. 2012–25896 Filed 10–22–12; 8:45 am]
BILLING CODE 4910–13–P
(g) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Safety Management
Group, FAA, may approve AMOCs for this
AD. Send your proposal to: Mark F. Wiley,
Aviation Safety Engineer, Regulations and
Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas
76137; telephone (817) 222–5110; email
mark.wiley@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
VerDate Mar<15>2010
16:04 Oct 22, 2012
Jkt 229001
PO 00000
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
We are adopting a new
airworthiness directive (AD) for all
Airbus Model A300 series airplanes;
Model A310 series airplanes; and Model
A300 B4–600, B4–600R, and F4–600R
series airplanes, and Model A300 C4–
605R Variant F airplanes (collectively
called Model A300–600 series
airplanes). This AD was prompted by
reports of cracked fuel pump canister
hoods located in fuel tanks. This AD
requires replacing any cracked hood
halves of fuel pump canisters. We are
issuing this AD to prevent any detached
canister hood fragments/debris from
being ingested into the fuel feed system,
and becoming a potential source of
ignition with consequent fire or
explosion.
DATES: This AD becomes effective
November 27, 2012.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of November 27, 2012.
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
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton,
Washington 98057–3356; telephone
(425) 227–2125; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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 February 22, 2012 (77 FR
10409). That NPRM proposed to correct
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23OCR1
]]>Agencies
[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Rules and Regulations]
[Pages 64699-64701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25896]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0448; Directorate Identifier 2010-SW-016-AD;
Amendment 39-17223; AD 2012-21-07]
RIN 2120-AA64
Airworthiness Directives; Agusta S.p.A. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta
S.p.A. (Agusta) Model A109S helicopters to require modifying the
electrical power distribution system to carry a higher electrical load.
This AD was prompted by an electrical failure on an Agusta Model A109E
helicopter that resulted from ``inadequate functioning of the 35
amperes (amps) BATT BUS circuit breaker.'' The actions of this AD are
intended to require modifying the electrical power distribution system
to prevent failure of the circuit breaker, loss of electrical power to
instruments powered by the ``BATT BUS'' system, and subsequent loss of
control of the helicopter.
DATES: This AD is effective November 27, 2012.
The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of November 27,
2012.
ADDRESSES: For service information identified in this AD, contact
Agusta, S.p.A., Via Giovanni Agusta 520, 21017 Cascina Costa di
Samarate (VA), Italy, ATTN: Giovanni Cecchelli; telephone 39-0331-
711133; fax 39-0331-711180; or at https://www.agustawestland.com/technical-bullettins. You may review the referenced service information
at the FAA, Office of the Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth, Texas 76137.
Examining the AD 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
[[Page 64700]]
through Friday, except Federal holidays. The AD docket contains this
AD, any incorporated-by-reference service information, the economic
evaluation, any comments received, and other information. The street
address for the Docket Operations Office (phone: 800-647-5527) is U.S.
Department of Transportation, Docket Operations Office, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Mark F. Wiley, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110;
email mark.wiley@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
On May 9, 2012, at 77 FR 27144, the Federal Register published our
Notice of Proposed Rulemaking (NPRM), which proposed to amend 14 CFR
part 39 to include an AD that would apply to Agusta Model A109S
helicopters, serial numbers up to and including 22151. That NPRM
proposed to require compliance with specified portions of the
manufacturer's service bulletin to modify the electrical power
distribution system by installing a ``BATT BUS'' Circuit Breaker
Modification Kit, part number 109-0824-73-107, and testing for proper
functioning of the electrical system. The proposed requirements were
intended to prevent failure of the circuit breaker, loss of electrical
power to instruments powered by the ``BATT BUS'' system, and subsequent
loss of control of the helicopter.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, issued EASA AD No.
2009-0137, dated June 23, 2009, for the Agusta Model A109E helicopter
to correct an unsafe electrical condition caused by an inadequately
functioning circuit breaker that was not within design requirements.
That EASA AD required installing a ``BATT BUS'' circuit breaker
modification kit on Model A109E helicopters. Based on the unsafe
condition created by this circuit breaker as described in EASA AD No.
2009-0137, the FAA issued AD 2010-20-21 (75 FR 61341, October 5, 2010;
Correction published at 75 FR 65224, October 22, 2010) to require
installing a ``BATT BUS'' circuit breaker modification kit on Model
A109E helicopters in the United States. Subsequently, EASA issued AD
No. 2009-0264, dated December 15, 2009, to correct the same unsafe
condition on the Agusta Model A109S helicopter due to the design
commonality between the electrical power distribution system of the
Model A109E and A109S helicopters. The FAA is issuing this AD for the
Model A109S helicopter to correct this same unsafe condition.
Comments
We gave the public the opportunity to participate in developing
this AD, but we did not receive any comments on the NPRM (77 FR 27144,
May 9, 2012).
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 the same type design and that air
safety and the public interest require adopting the AD requirements as
proposed.
Differences Between This AD and the EASA AD
This AD does not reference the calendar date of June 30, 2010,
which has already passed.
Related Service Information
Agusta has issued Bollettino Tecnico No. 109S-35, dated December
11, 2009 (BT), which specifies modifying and testing the ``BATT BUS''
circuit breaker installation. EASA classified this BT as mandatory and
issued AD No. 2009-0264, dated December 15, 2009, to ensure the
continued airworthiness of these helicopters.
Costs of Compliance
We estimate that this AD will affect 15 helicopters of U.S.
Registry. We estimate that operators may incur the following costs in
order to comply with this AD. It will take about 8 work-hours per
helicopter to install the ``BATT BUS'' circuit breaker modification kit
at an average labor rate of $85 per work-hour and required parts will
cost about $471 per helicopter. Based on these figures, we estimate the
total cost impact of this AD on U.S. operators to be $17,265.
According to the Agusta service information, some of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected individuals. We do not control warranty coverage by Agusta.
Accordingly, we have included all costs in our cost estimate.
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 helicopters identified in this
rulemaking action.
Regulatory Findings
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.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under 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 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
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
[[Page 64701]]
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 airworthiness
directive (AD):
2012-21-07--AGUSTA S.p.A. (Agusta): Amendment 39-17223; Docket No.
FAA-2012-0448; Directorate Identifier 2010-SW-016-AD.
(a) Applicability
This AD applies to Agusta Model A109S helicopters, serial
numbers up to and including 22151, certificated in any category.
(b) Unsafe Condition
This AD defines the unsafe condition as failure of the 35 ampere
(amp) ``BATT BUS,'' which could result in an electrical failure and
fire, loss of electrical power to instruments powered by the ``BATT
BUS'' system, and subsequent loss of control of the helicopter.
(c) Effective Date
This AD becomes effective November 27, 2012.
(d) 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.
(e) Required Actions
Within 50 hours time-in-service, modify the electrical power
distribution system by installing the ``BATT BUS'' Circuit Breaker
Modification Kit, part number 109-0824-73-107, as depicted in
Figures 1 through 3 and by following the Compliance Instructions,
paragraphs 4. through 7., of Agusta Bollettino Tecnico No. 109S-35,
dated December 11, 2009 (ASB). Thereafter, operationally test the
electrical system by following paragraphs 19.1 through 19.7 of the
ASB.
(f) Special Flight Permits
Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the helicopter to a location where the
requirements of this AD can be accomplished provided that you do not
simultaneously operate the landing light and the search light.
(g) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Mark F. Wiley, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-
5110; email mark.wiley@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
The subject of this AD is addressed in European Aviation Safety
Agency AD No. 2009-0264, dated December 15, 2009.
(i) Subject
Joint Aircraft Service Component (JASC) Code: 2460, DC Power/
Distribution System.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Agusta Bollettino Tecnico No. 109S-35, dated December 11,
2009.
(ii) Reserved.
(3) For Agusta service information identified in this AD,
contact Agusta, S.p.A., Via Giovanni Agusta 520, 21017 Cascina Costa
di Samarate (VA), Italy, ATTN: Giovanni Cecchelli; telephone 39-
0331-711133; fax 39-0331-711180; or at https://www.agustawestland.com/technical-bullettins.
(4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas 76137. For information on the availability of this
material at the FAA, call (817) 222-5110.
(5) You may view this service information that is incorporated
by reference 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 October 12, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-25896 Filed 10-22-12; 8:45 am]
BILLING CODE 4910-13-P
