DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0142; Directorate Identifier 2016-SW-013-AD]
RIN 2120-AA64
Airworthiness Directives; Agusta S.p.A.
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD)
for
Agusta S.p.A. Model A109S helicopters. This proposed AD is prompted by
a report of a cabin liner detaching from the helicopter and hitting the
main rotor (M/R) blades during flight. This proposed AD would require
adding limitations to the rotorcraft flight manual (RFM). The proposed
actions are intended to prevent an unsafe condition on these products.
DATES: We must receive comments on this proposed AD by June 9,
2017.
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 by searching for and locating Docket No. FAA-2017-0142;
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 European Aviation Safety Agency (EASA)
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 rule, contact
AgustaWestland, Product Support Engineering, Via del Gregge, 100, 21015
Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; telephone 39-0331-
664757; fax 39 0331-664680; or at http://www.agustawestland.com/technical-
bulletins. You may review the referenced service information at the FAA,
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy,
Room 6N-321, Fort Worth, TX 76177.
FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101
Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; email
matthew.fuller@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
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD No. 2015-0227, dated November 19,
2015, to correct an unsafe condition for AgustaWestland S.p.A. Model
A109S helicopters. EASA advises of a report that the right-hand lower
cabin liner of Internal Arrangement part number (P/N) 109-0814-21-101
detached and hit three main rotor blades during a landing with the
right-hand door removed. EASA states that this condition, if not
corrected, could lead to further occurrences of in-flight lower cabin
liner detachment, possibly resulting in damage to or loss of control of
the helicopter. Therefore, the EASA AD requires revising the RFM to
provide limitations on flights with a passenger cabin sliding door
opened or removed. EASA considers its AD an interim action and states
further AD action may follow.
FAA's Determination
This 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, its technical representative,
has notified us of the unsafe condition described in its AD. We are
proposing this AD because we evaluated all known relevant information
and determined that an unsafe condition is likely to exist or develop
on other helicopters of the same type design.
Related Service Information
We reviewed AgustaWestland A109S RFM, Document No. 109G0040A013,
Issue 2, Revision 3, dated April 23, 2015, which adds several
limitations regarding flight with a passenger cabin sliding door opened
or removed.
Proposed AD Requirements
This proposed AD would require, within 15 hours time-in-service,
revising the Limitations section of the RFM by inserting a copy of this
AD or by making pen-and-ink changes to add several limitations:
Prohibiting flight with a passenger cabin sliding door opened or
removed for helicopters with Internal Arrangement P/N 109-0814-21-101
installed; prohibiting flight with a passenger cabin sliding door open
unless modification P/N 109-0814-35 is installed; prohibiting flight
with a passenger cabin sliding door open unless the doors are locked;
establishing a maximum VNE with a passenger cabin sliding
door opened or removed; establishing a maximum airspeed for opening or
closing a passenger cabin sliding door during flight; and prohibiting
instrument flight rule operation with any door opened or removed.
Interim Action
We consider this proposed AD to be an interim action. The design
approval holder is currently developing a modification that will
address the unsafe condition identified in this AD. Once this
modification is developed, approved, and available, we might consider
additional rulemaking.
Costs of Compliance
We estimate that this proposed AD would affect 19 helicopters of
U.S. Registry. We estimate that operators may incur the following costs
in order to comply with this AD. At an average labor rate of $85 per
work-hour, revising the RFM would take about 0.5 work-hour, for an
estimated cost of $43 per helicopter, or $817 for the U.S. fleet.
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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
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