[Federal Register Volume 62, Number 242 (Wednesday, December 17, 1997)]
[Rules and Regulations]
[Pages 66001-66002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32992]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-SW-54-AD; Amendment 39-10252; AD 97-26-09]
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 (Agusta) Model A109K2 helicopters. This 
action requires inspecting the Gleason crown on the main transmission 
for cracks, and replacing the Gleason crown with an airworthy Gleason 
crown if any crack is found. This amendment is prompted by three 
reports of fatigue cracks found in the Gleason crown. The actions 
specified in this AD are intended to prevent failure of the Gleason 
crown, failure of the main transmission and subsequent loss of control 
of the helicopter.

DATES: Effective January 2, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 2, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before February 17, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 97-SW-54-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.
    The service information referenced in this AD may be obtained from 
Agusta, 21017 Cascina Costa di Samarate (VA), Via Giovanni Agusta 520, 
telephone (0331) 229111, fax (0331) 229605-222595. This information may 
be examined at the FAA, Office of Regional Counsel, Southwest Region, 
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. Scott Horn, Aerospace Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, 2601 Meacham 
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5125, 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 Model A109K2 
helicopters with main transmission assembly, part number
(P/N) 109-0400-03, serial number (S/N) 005, 006, 007, 008, 010, 011, 
012, 013, 014, 015, 016, 017, 018, 020, 022, 024, 027, 030, 031, 032, 
033, 034, 035, 038, 039, 042, 047, 048, A2/1053, A2/1073, A2/1397, or 
B54895 e C347. The RAI advises that, due to reports of cracks being 
discovered in the Gleason crown on the main transmission, the actions 
specified by the Agusta Bollettino Tecnico (Technical Bulletin) No. 
109K-16, dated April 24, 1997, are mandatory.
    Agusta has issued Agusta Bollettino Tecnico (Technical Bulletin) 
No. 109K-16, dated April 24, 1997, which specifies a magnetic particle 
inspection of certain Gleason crowns for cracks. The RAI classified 
this service bulletin as mandatory and issued AD 97-122, dated April 
29, 1997, in order to assure the continued airworthiness of these 
helicopters in Italy.
    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 Model A109K2 helicopters of the same 
type design registered in the United States, this AD is being issued to 
prevent failure of the Gleason crown, failure of the main transmission, 
and subsequent loss of control of the helicopter. The Gleason crown is 
a part of the main transmission assembly and is therefore a critical 
component of the main rotor drive system. Due to the criticality of the 
Gleason crown to the continued safe flight of the affected helicopters, 
and the required inspection before the next 50 hours time-in-service 
(TIS), this rule must be issued immediately to correct an unsafe 
condition. This AD requires, within 50 hours TIS and thereafter at 
intervals not to exceed 300 hours TIS, a magnetic particle inspection 
of the main transmission Gleason crown for cracks. If any crack is 
found, replacement of the Gleason crown, P/N 109-0403-07-103, with an 
airworthy Gleason crown, P/N 109-0403-07-103, S/N B58264 through
S/N B58270, or S/N B58272 and subsequent (S/N B58271 is not an 
acceptable replacement part), and vibro-etching the main transmission 
tag with ``S.M. 109-25094'' are required. These actions are required to 
be accomplished in accordance with the technical bulletin described 
previously.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

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 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

[[Page 66002]]

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-54-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 this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, 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, 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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

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

97-26-09  Agusta S.p.A.: Amendment 39-10252. Docket No. 97-SW-54-AD.

    Applicability: Model A109K2 helicopters with main transmission 
assembly, part number (P/N) 109-0400-03, serial number (S/N) 005, 
006, 007, 008, 010, 011, 012, 013, 014, 015, 016, 017, 018, 020, 
022, 024, 027, 030, 031, 032, 033, 034, 035, 038, 039, 042, 047, 
048, A2/1053, A2/1073, 2/1397, or B54895 e C347, 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 (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 main transmission Gleason crown 
(Gleason crown), failure of the main transmission and subsequent 
loss of control of the helicopter, accomplish the following:
    (a) Within 50 hours time-in-service (TIS) after the effective 
date of this AD, and thereafter at intervals not to exceed 300 hours 
TIS, perform a magnetic particle inspection of the Gleason Crown, P/
N 109-0403-07, for cracks in accordance with steps 1 through 3 of 
Part II of the Compliance Instructions of Agusta Bollettino Tecnico 
(Technical Bulletin) No. 109K-16, dated April 24, 1997.
    (b) If any crack is found, remove the Gleason crown and replace 
it with an airworthy Gleason crown, P/N 109-0403-07-103, S/N B58264 
through S/N B58270, or S/N B58272 and subsequent (S/N B58271 is not 
an acceptable replacement part), and vibro-etch the main 
transmission tag with ``S.M. 109-25094''. Replacement of the Gleason 
crown with an airworthy Gleason crown, P/N 109-0403-07-103, S/N 
B58264 through S/N B58270 or S/N B58272 and subsequent, constitutes 
a terminating action for the requirements of this AD.
    (c) 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.

    (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 inspections and replacement shall be done in accordance 
with Agusta Bollettino Tecnico (Technical Bulletin) No. 109K-16, 
dated April 24, 1997. 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 S.p.A., 
21017 Cascina Costa di Samarate (VA), Via Giovanni Agusta 520, 
telephone (0331) 229111, fax (0331) 229605-222595. Copies may be 
inspected at the FAA, Office of Regional Counsel, Southwest Region, 
2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.
    (f) This amendment becomes effective on January 2, 1998.

    Note 3: The subject of this AD is addressed in Registro 
Aeronautico Italiano (Italy) AD 97-122, dated April 29, 1997.

    Issued in Fort Worth, Texas, on December 9, 1997.
Larry M. Kelly,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 97-32992 Filed 12-16-97; 8:45 am]
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