[Federal Register Volume 63, Number 123 (Friday, June 26, 1998)]
[Rules and Regulations]
[Pages 34798-34800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16612]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-SW-65-AD; Amendment 39-10619; AD 98-13-28]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model A109C and 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 A109C and A109K2 
helicopters. This action requires a one-time inspection of each tail 
rotor blade (blade) for debonding, and if debonding exists which 
exceeds certain limits,

[[Page 34799]]

replacement of the blade with an airworthy blade. This amendment is 
prompted by two incidents in which helicopters lost a blade tip fairing 
during ground run-up. The actions specified in this AD are intended to 
prevent loss of the tip fairing on a blade, which could result in 
increased vibrations, loss of the tail rotor assembly, and subsequent 
loss of control of the helicopter.

DATES: Effective July 13, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before August 25, 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-65-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.

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 A109C and A109K2 
helicopters. The RAI advises that a number of blades may have been 
incorrectly manufactured.
    These helicopter models are manufactured in Italy and are 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 A109C and A109K2 of the same 
type design registered in the United States, this AD is being issued to 
prevent loss of the tip fairing on the blade, which could result in 
increased vibrations, loss of the tail rotor assembly, and subsequent 
loss of control of the helicopter.
    The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
controllability of the helicopter. Therefore, inspection of the blades 
is required prior to further flight, and this AD must be issued 
immediately.
    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.
    The FAA estimates that 22 helicopters of U.S. registry will be 
affected by this AD, that it will take approximately 3 hours to 
accomplish the inspection and replacement, if necessary, and that the 
average labor rate is $60 per work hour. Required parts will cost 
approximately $11,000 per helicopter. Based on these figures, the total 
cost impact of the AD on U.S. operators is estimated to be $245,960.

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 
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-65-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, 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 98-13-28  AGUSTA S.p.A.: Amendment 39-10619. Docket No. 97-SW-65-
AD.

    Applicability: Model A109C and A109K2 helicopters, with tail 
rotor blades (blades), part number (P/N) 109-8132-01-107, serial 
number A5-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

[[Page 34800]]

requirements of this AD is affected, the owner/operator must use the 
authority provided in paragraph (d) 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 before further flight, unless accomplished 
previously.
    To prevent loss of the tip fairing on the blade, which could 
result in increased vibrations, loss of the tail rotor assembly, and 
subsequent loss of control of the helicopter, accomplish the 
following:
    (a) Perform a one-time inspection of each tail rotor blade for 
debonds. The area to be inspected is located in a spanwise band from 
620.0 mm to 670.0 mm (24.4 to 26.4 inches), as measured outboard 
from the blade retention bolt centerline. Inspect the entire blade 
surface on both sides of each blade within this band (see Figure 1).

    Note 2: Agusta Bollettino Tecnico (Technical Bulletin) Number 
109K-15, Revision A, dated April 18, 1997, pertains to the subject 
of this AD.

[GRAPHIC] [TIFF OMITTED] TR26JN98.004


    (b) Perform a tapping inspection to detect debonds within the 
blade surface area identified in paragraph (a) of this AD, using an 
aluminum hammer, P/N 109-3101-58-2, or equivalent. The presence of 
paint cracks on the tail rotor blade upper or lower surface in the 
tip fairing area at the 670.0 mm spanwise location (see Figure 1) 
may indicate that debonds exist.
    (c) Any blade that does not meet the allowable debond criteria 
specified in the applicable maintenance manual must be replaced with 
an airworthy blade before further flight.
    (d) 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, FAA, Rotorcraft Directorate, 
Rotorcraft Standards Staff. 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Rotorcraft Standards Staff.

    (e) 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.
    (f) This amendment becomes effective on July 13, 1998.

    Note 4: The subject of this AD is addressed in Registro 
Aeronautico Italiano (Italy) AD 97-124 and AD 97-125, both dated 
April 30, 1997.

    Issued in Fort Worth, Texas, on June 15, 1998.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 98-16612 Filed 6-25-98; 8:45 am]
BILLING CODE 4910-13-U