[Federal Register Volume 63, Number 62 (Wednesday, April 1, 1998)]
[Rules and Regulations]
[Pages 15753-15754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8464]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-SW-63-AD; Amendment 39-10430; AD 98-07-10]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model AB 412 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 AB 412 helicopters. This 
action requires an inspection of the tail rotor blades for debond voids 
and replacement, if necessary. This amendment is prompted by the loss 
of a tail rotor blade tip on a tail rotor blade while the helicopter 
was in service. This condition, if not corrected, could result in 
increased vibration levels, damage to the tail rotor drive system or 
tail rotor assembly, and subsequent loss of control of the helicopter.

DATES: Effective April 16, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 16, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before June 1, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 97-SW-63-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.
    The service information referenced in this AD 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. This 
information may be examined at the FAA, Office of the 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. Shep Blackman, Aerospace Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, 2601 Meacham 
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5296, 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 AB 412 
helicopters with tail rotor blades, part number (P/N) 212-010-750-105, 
serial number A5-(all numbers). The RAI advises that debond voids can 
result in loss of the tip cap closure block, P/N 209-010-719-3, from 
the blade, causing a severely out-of-balance tail rotor assembly, 
increased helicopter vibration levels, damage to the tail rotor drive 
system or tail rotor assembly, and subsequent loss of control of the 
helicopter.
    Agusta has issued Agusta Bollettino Tecnico (Technical Bulletin) 
No. 412-66, dated June 27, 1997, which specifies an inspection of the 
tail rotor blades for debond voids between the tip cap and blade spar/
skin. The RAI classified this Technical Bulletin as mandatory and 
issued AD 97-194, dated July 9, 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 
Sec. 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.
    This AD is being issued to prevent increased vibration levels, 
damage to the tail rotor drive system or tail rotor assembly, and 
subsequent loss of control of the helicopter. This AD requires an 
inspection of the tail rotor blades for debond voids and replacement, 
if necessary. The actions are required to be accomplished in accordance 
with the technical bulletin described previously.
    None of the Agusta Model AB 412 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.
    Should an affected helicopter be imported and placed on the U.S. 
register in the future, it would require approximately 1 work hour per 
helicopter for the inspection and 4 work hours for the replacement, if 
necessary, of a tail rotor blade. The average labor rate is $60 per 
work hour. Required blades, if needed, would cost $7,922 per blade. 
Based on these figures, the cost impact of this AD, should a helicopter 
be placed on the U.S. Register, would be $8,222 per helicopter, 
assuming an inspection and replacement of a tail rotor blade are 
accomplished.
    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.

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

[[Page 15754]]

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 
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-63-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, 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:

AD 98-07-10 Agusta S.p.A.: Amendment 39-10430. Docket No. 97-SW-63-
AD.

    Applicability: Agusta Model AB 412 helicopters with tail rotor 
blades, part number (P/N) 212-010-750-105, serial number (S/N) A5-
(all 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 within 10 hours time-in-service, unless 
accomplished previously.
    To prevent increased vibration levels, damage to the tail rotor 
drive system or tail rotor assembly, and subsequent loss of control 
of the helicopter, accomplish the following:
    (a) Inspect tail rotor blades for debond voids in accordance 
with the Accomplishment Instructions of Agusta Bollettino Tecnico 
(Technical Bulletin) No. 412-66, dated June 27, 1997 (hereafter 
referred to as ``Technical Bulletin'').
    (1) If a debond void is detected which does not exceed the 
limits prescribed in paragraph 3 of the Technical Bulletin, repair 
the tail rotor blade (blade) or replace it with an airworthy blade.
    (2) If a debond void exceeds the limits prescribed in paragraph 
3 of the Technical Bulletin, replace the blade with an airworthy 
blade.
    (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 will not be issued.
    (d) The inspection shall be done in accordance with Agusta 
Technical Bulletin No. 412-66, dated June 27, 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 the 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.
    (e) This amendment becomes effective on April 16, 1998.

    Note 3: The subject of this AD is addressed in Registro 
Aeronautico Italiano (Italy) AD 97-194, dated July 9, 1997.

    Issued in Fort Worth, Texas, on March 24, 1998.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 98-8464 Filed 3-31-98; 8:45 am]
BILLING CODE 4910-13-U