Costs of Compliance

We estimate that this proposed AD would affect about 26 helicopters on the U.S. Registry with the cargo hook. We also estimate that it would take about 10 minutes to inspect each cargo hook for a crack, and about 1 workhour to replace a cracked cargo hook. The average labor rate is $80 per workhour. Required parts would cost about $3,677 per cargo hook. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $97,647 per year, assuming that each affected helicopter would require five inspections per week, and that two cargo hooks would have to be replaced each year.

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 above, 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); 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 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 39AIRWORTHINESS 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 AD: Agusta S.p.A.: Docket No. FAA20080226; Directorate Identifier 2007SW35AD.
Comments Due Date
(a) We must receive comments by April 22, 2009.
Other Affected ADs
(b) None.
Applicability
(c) This AD applies to Model A109E, A109S, A119, and AW119MKII helicopters with cargo hook, part number (P/N) 52801001, and cargo hook lever, P/N 23202800, installed, certificated in any category. Reason
(d) The mandatory continuing airworthiness information (MCAI) states that two cases of cracks in the lever, P/N 23202800, have been reported by the
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manufacturer of the cargo hook. The lever is a component of the cargo hook, P/N 52801001. This lever is a critical structural component of the cargo hook, and a crack could result in inadvertent loss of the cargo hook load.
Actions and Compliance
(e) Before each cargo hook operation, visually inspect the cargo hook lever, P/N 23202800, for any crack. Use a 10power or higher magnifying glass and inspect in the area depicted in Figures 1 and 2 of the following Agusta Alert Bollettino Tecnico (ABT), all dated June 6, 2007:
(1) ABT No. 109EP78 for Model A109E helicopters;
(2) ABT No. 109S12 for Model A109S helicopters; or
(3) ABT No. 11921 for Model A119 helicopters.
(f) If a crack is found in the lever, do not use the cargo hook until the entire cargo hook is replaced with an airworthy cargo hook with an uncracked lever.
Differences Between the FAA AD and the MCAI AD
(g) This AD differs from the MCAI AD in that we:
(1) Exclude the August 31, 2007 compliance date because that date has passed;
(2) Exclude the Model A109LUH from the applicability and do not reference Agusta ABT No. 109L006 because the Model A109LUH helicopter is not on the U.S. type certificate, H7EU;
(3) Add the Model AW119MKII to the applicability;
(4) Require the use of a 10power or higher magnifying glass to accomplish the visual inspections; and
(5) Exclude the kit installation P/N, relying instead on the cargo hook and lever P/N.
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: John Strasburger, Aviation Safety Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 2225167; fax (817) 2225961.
Related Information
(i) EASA Emergency AD No. 20070160E, dated June 7, 2007, contains related information.
Air Transport Association of America (ATA) Tracking Code
(j) Air Transport Association of America (ATA) Code 2550: Cargo Compartments.

Issued in Fort Worth, Texas on March 4, 2009.
Jerald E. Strentz,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E96224 Filed 32009; 8:45 am]
BILLING CODE 491013P

FOR FURTHER INFORMATION CONTACT

John Strasburger, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 2225167; fax (817) 2225961.