[Federal Register Volume 64, Number 31 (Wednesday, February 17, 1999)]
[Rules and Regulations]
[Pages 7773-7774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3724]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-SW-57-AD; Amendment 39-11045; AD 99-04-20]
RIN 2120-AA64
Airworthiness Directives; Agusta S.p.A. Model A109K2 Helicopters
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to Agusta S.p.A. Model A109K2 helicopters. This action
requires replacing a certain Breeze-Eastern rescue hoist (rescue hoist)
with a different part-numbered airworthy rescue hoist. This amendment
is prompted by an incident in which a rescue hoist cable broke due to
cable damage, resulting in one fatality. The actions specified in this
AD are intended to prevent the breaking of the rescue hoist cable,
personal injury, or entanglement of the rescue hoist cable in the
helicopter's main or tail rotor blades, and subsequent loss of control
of the helicopter.
DATES: Effective March 4, 1999.
Comments for inclusion in the Rules Docket must be received on or
before March 19, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Office of the Regional Counsel, Southwest Region,
Attention: Rules Docket No. 97-SW-57-AD, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas 76137.
FOR FURTHER INFORMATION CONTACT: Carroll Wright, Aerospace Engineer,
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, 2601 Meacham
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5120, fax (817)
222-5961.
SUPPLEMENTARY INFORMATION: The Registro Aeronautico Italiano (RAI),
which is the airworthiness authority for Italy, recently notified the
FAA that an unsafe condition may exist on Agusta S.p.A. Model A109K2
helicopters. The RAI advises that a fatal accident occurred as a result
of a malfunction of a rescue hoist. The rescue hoist cable broke,
resulting in a fatality. Based on the result of the investigation of
the accident, the FAA has determined that AD action is necessary to
require replacement of the hoist.
Agusta S.p.A. has issued Agusta Alert Bollettino Tecnico (Technical
Bulletin) No. 109K-20, Rev. A, dated March 30, 1998, which specifies
inspecting the rescue hoist, part number (P/N) BL29700 (all dash
numbers). The RAI classified this technical bulletin as mandatory and
issued AD 97-229, dated August 8, 1997, AD 96-070, dated April 17,
1996, AD 97-220, dated July 30, 1997, AD 98-051, dated February 20,
1998, AD 98-125, dated April 7, 1998, and AD 98-284, dated August 11,
1998, in order to assure the continued airworthiness of rescue hoist,
P/N BL29700 (all dash numbers).
This helicopter model is manufactured in Italy and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the RAI has kept the FAA informed of
the situation described above. The FAA has examined the findings of the
RAI, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Since an unsafe condition has been identified that is likely to
exist or develop on other Agusta S.p.A. Model A109K2 helicopters of the
same type design registered in the United States, this AD is being
issued to prevent the breaking of the rescue hoist cable, personal
injury, or entanglement of the rescue hoist cable in the helicopter's
main or tail rotor blades, and subsequent loss of control of the
helicopter. This AD requires replacement of the rescue hoist, P/N
BL29700 (all dash numbers), with an airworthy hoist, P/N 109-0900-62.
None of the Model A109K2 helicopters affected by this action are on
the U.S. Register. All helicopters included in the applicability of
this rule currently are operated by non-U.S. operators under foreign
registry; therefore, they are not directly affected by this AD action.
However, the FAA considers that this rule is necessary to ensure that
the unsafe condition is addressed in the event that any of these
subject helicopters are imported and placed on the U.S. Register in the
future.
Since this AD action does not affect any helicopter that is
currently on the U.S. Register, it has no adverse economic impact and
imposes no additional burden on any person. Therefore, notice and
public procedures hereon are unnecessary and the amendment may be made
effective in less than 30 days after publication in the Federal
Register.
Should an affected helicopter be imported and placed on the U.S.
Register, it will require approximately 2.0 work hours per helicopter
to replace the hoist. The average labor rate is $60 per work hour.
Required parts will cost approximately $195, but the manufacturer has
stated that any required parts will be provided to helicopter operators
at no cost. Based on these figures, the cost impact of this AD will be
$120 per helicopter.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications should identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD
[[Page 7774]]
action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 97-SW-57-AD.'' The postcard will be date stamped and
returned to the commenter.
The regulations adopted herein will not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that notice and prior public comment are
unnecessary in promulgating this regulation and therefore, it can be
issued immediately to correct an unsafe condition in aircraft since
none of these model helicopters are registered in the United States,
and that it is not a ``significant regulatory action'' under Executive
Order 12866. It has been determined further that this action involves
an emergency regulation under DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979). If it is determined that this
emergency regulation otherwise would be significant under DOT
Regulatory Policies and Procedures, a final regulatory evaluation will
be prepared and placed in the Rules Docket. A copy of it, if filed, may
be obtained from the Rules Docket at the location provided under the
caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive
to read as follows:
AD 99-04-20 Agusta S.p.A.: Amendment 39-11045. Docket No. 97-SW-57-
AD.
Applicability: Model A109K2 helicopters, with Breeze-Eastern
rescue hoist, part number (P/N) BL29700 (all dash numbers),
installed, certificated in any category.
Note 1: This AD applies to each helicopter identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For helicopters that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must use the authority
provided in paragraph (b) to request approval from the FAA. This
approval may address either no action, if the current configuration
eliminates the unsafe condition, or different actions necessary to
address the unsafe condition described in this AD. Such a request
should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any helicopter from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent breaking of the Breeze-Eastern rescue hoist (hoist)
cable, personal injury, or entanglement of the hoist cable in the
helicopter's main or tail rotor blades, and subsequent loss of
control of the helicopter, accomplish the following:
(a) Replace the hoist, P/N BL29700 (all dash numbers), with an
airworthy hoist, P/N 109-0900-62, on or before March 31, 1999. This
replacement is considered a terminating action for the requirements
of this AD.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Rotorcraft Standards Staff,
Rotorcraft Directorate, FAA. Operators shall submit their requests
through an FAA Principal Maintenance Inspector, who may concur or
comment and then send it to the Manager, Rotorcraft Standards Staff.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Rotorcraft Standards Staff.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the helicopter to a location where
the requirements of this AD can be accomplished, provided the rescue
hoist is not used.
(d) This amendment becomes effective on March 4, 1999.
Note 3: The subject of this AD is addressed in Registro
Aeronautico Italiano (Italy) AD 97-229, dated August 8, 1997, AD 96-
070, dated April 17, 1996, AD 97-220, dated July 30, 1997, AD 98-
051, dated February 20, 1998, AD 98-125, dated April 7, 1998, and AD
98-284, dated August 11, 1998.
Issued in Fort Worth, Texas, on February 9, 1999.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 99-3724 Filed 2-16-99; 8:45 am]
BILLING CODE 4910-13-P
