[Federal Register Volume 60, Number 128 (Wednesday, July 5, 1995)]
[Rules and Regulations]
[Pages 34844-34845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15516]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94-SW-12-AD; Amendment 39-9290; AD 95-13-10]


Airworthiness Directives; Costruzioni Aeronautiche Giovanni 
Agusta S.p.A. Model A109A, A109AII, and A109C Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Costruzioni Aeronautiche Giovanni Agusta S.p.A. 
(Agusta) Model A109A, A109AII, and A109C helicopters, that requires a 
modification of the tail boom vertical fin to create inspection 
openings that permit initial and repetitive visual inspections for 
cracks in the vertical fin rear spar attachment area. This amendment is 
prompted by four reports of cracks in the tail boom vertical fin rear 
spar attachment area. The actions specified by this AD are intended to 
prevent failure of the vertical fin attachment caused by cracks in the 
tail boom vertical fin rear spar attachment area, and subsequent loss 
of control of the helicopter.

DATES: Effective August 9, 1995.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 9, 1995.

ADDRESSES: The service information referenced in this AD may be 
obtained from Agusta, Direzione Supporto Prodotto E Servizi, 21019 
Somma Lombardo (VA), Via per Tornavento, 15. This information may be 
examined at the FAA, Office of the Assistant Chief Counsel, 2601 
Meacham Blvd., Room 663, Fort Worth, Texas; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Monschke, Aerospace 
Engineer, Rotorcraft Standards Staff, Rotorcraft Directorate, FAA, 2601 
Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5116, fax 
(817) 222-5961.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Agusta Model A109A, 
A109AII, and A109C helicopters was published in the Federal Register on 
December 8, 1994 (59 FR 63281). That action proposed to require a 
modification of the tail boom vertical fin to create inspection 
openings that permit initial and repetitive visual inspections for 
cracks in the vertical fin rear span attachment area.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposal or the FAA's determination of the cost to the public. The FAA 
has determined that air safety and the public interest require the 
adoption of the rule as proposed.
    The FAA estimates that 73 helicopters of U.S. registry will be 
affected by this AD, 14 helicopters with tail boom, part number (P/N) 
109-0370-01 installed, and 59 helicopters with tail boom, P/N 109-0370-
17 installed, that it will take (1) approximately 4 work hours per 
helicopter to initially modify and inspect those helicopters with tail 
boom, P/N 109-0370-01; (2) approximately 6 work hours per helicopter to 
initially modify and inspect those helicopters with tail boom, P/N 109-
0370-17; and (3) 

[[Page 34845]]
approximately 1 work hour per helicopter to conduct the repetitive 
inspection regardless of which tail boom is installed, and that the 
average labor rate is $60 per work hour. Required parts will cost 
approximately $140 for helicopters with tail boom, P/N 109-0370-01 and 
$280 for helicopters with tail boom, P/N 109-0370-17. Based on these 
figures, the total cost impact of the proposed AD on U.S. operators 
during the first year is estimated to be $5,320 for helicopters with 
tail boom, P/N 109-0370-01, and $37,760 for helicopters with tail boom, 
P/N 109-0370-17, and for each subsequent year, regardless of the type 
tail boom installed, $180, assuming that three helicopters are subject 
to the repetitive inspection each year.
    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.
    For the reasons discussed above, I certify that this action (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); 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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, Incorporation by 
reference, 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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
to read as follows:

95-13-10  Costruzioni Aeronautiche Giovanni Agusta S.P.A.: Amendment 
39-9290. Docket No. 94-SW-12-AD.

    Applicability: Model A109A, A109AII, and A109C helicopters, 
serial number (S/N) 7670 and lower, excluding S/N 7630, 7633, 7645, 
7651, 7654, 7663, 7665, 7666, 7667, 7668, and 7669, 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 (c) 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 failure of the vertical fin attachment caused 
by cracks in the tail boom vertical fin rear spar attachment area, 
and subsequent loss of control of the helicopter, accomplish the 
following:
    (a) Within the next 100 hours time-in-service (TIS), modify the 
tail boom vertical fin and perform a visual inspection for cracks in 
the vertical fin rear spar attachment area in accordance with Part I 
of the Accomplishment Instructions of Agusta Bollettino Tecnico No. 
109-96, dated March 30, 1994.
    (1) For helicopters with tail boom, part number (P/N) 109-0370-
01, perform the modification using modification kit, P/N 109-0822-
38-101, in accordance with steps 5 through 8 of Part I of the 
Accomplishment Instructions of Agusta Bollettino Tecnico No. 109-96, 
dated March 30, 1994.
    (2) For helicopters with tail boom, P/N 109-0370-17, perform the 
modification using modification kit, P/N 109-0822-38-103, in 
accordance with steps 9 through 12 of Part I of the Accomplishment 
Instructions of Agusta Bollettino Tecnico No. 109-96, dated March 
30, 1994.
    (b) Thereafter, at intervals not to exceed 300 hours TIS from 
the last inspection, remove the vertical fin leading edge fairing 
assembly and visually inspect the vertical fin rear spar attachment 
area for cracks in accordance with Part II of the Accomplishment 
Instructions of Agusta Bollettino Tecnico No. 109-96, dated March 
30, 1994.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used when 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.

    (d) 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.
    (e) The inspection and modifications shall be done in accordance 
with Agusta Bollettino Tecnico No. 109-96, dated March 30, 1994. 
This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Agusta, Direzione Supporto Prodotto 
E Servizi, 21019 Somma Lombardo (VA), Via per Tornavento, 15. Copies 
may be inspected at the FAA, Office of the Assistant Chief Counsel, 
2601 Meacham Blvd., Room 663, Fort Worth, Texas; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.
    (f) This amendment becomes effective on August 9, 1995.

    Issued in Fort Worth, Texas, on June 20, 1995.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 95-15516 Filed 7-3-95; 8:45 am]
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