[Federal Register Volume 63, Number 226 (Tuesday, November 24, 1998)]
[Rules and Regulations]
[Pages 64856-64857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31331]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-SW-14-AD; Amendment 39-10907; AD 98-24-22]
RIN 2120-AA64


Airworthiness Directives; Agusta A109C 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 A109C helicopters. This action requires, within 
the next 5 hours time-in-service (TIS), replacing the tail rotor blade 
grip assemblies (grip assemblies) with modified airworthy grip 
assemblies. This amendment is prompted by cracks that were found on the 
grip assemblies during maintenance inspections. This condition, if not 
corrected, could result in separation of a tail rotor blade and 
subsequent loss of control of the helicopter.

DATES: Effective December 9, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before January 25, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 98-SW-14-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 A109C helicopters. The 
RAI advises that cracks on the grip assemblies could result in 
separation of a tail rotor blade and subsequent loss of control of the 
helicopter.
    Agusta has issued Agusta Bollettino Tecnico No. 109-100, Revision 
A, dated March 21, 1997 (technical bulletin), which specifies 
replacement of the grip assemblies. The RAI classified this technical 
bulletin as mandatory and issued RAI AD 97-084, dated March 28, 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 A109C helicopters of the same type 
design registered in the United States, this AD is being issued to 
prevent separation of a tail rotor blade and subsequent loss of control 
of the helicopter. This AD requires replacing the grip assemblies. The 
short compliance time involved is required because the previously 
described critical unsafe condition can adversely affect the 
controllability and structural integrity of the helicopter. Therefore, 
replacing the grip assemblies is required within the next 5 hours TIS, 
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 17 helicopters will be affected by this 
proposed AD, that it will take approximately 10 work hours to replace 
the grip assemblies, and that the average labor rate is $60 per work 
hour. Required parts will cost approximately $18,286 per helicopter. 
Based on these figures, the total cost impact of the AD on U.S. 
operators is estimated to be $321,062 to replace the grip assemblies on 
all helicopters.

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,

[[Page 64857]]

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. 98-SW-14-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 98-24-22  Agusta S.p.A.: Amendment 39-10907. Docket No. 98-SW-14-
AD.

    Applicability: Agusta A109C helicopters, all serial numbers (S/
N) through 7670, excluding S/Ns 7630, 7633, 7645, 7651, 7653, 7657, 
7661, 7663, 7665, 7667, and 7669, with tail rotor grip assembly 
(grip assembly), part number (P/N) 109-8131-05-109 or -113, 
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: Within the next 5 hours time in service, unless 
accomplished previously.
    To prevent cracks from developing on the grip assemblies that 
could result in separation of a tail rotor blade and subsequent loss 
of control of the helicopter, accomplish the following:
    (a) Install airworthy grip assemblies, P/N 109-8131-29-101, or 
airworthy rotor grip and bushing assemblies, P/N 109-8131-02-129; 
and airworthy tail rotor blades, P/N 109-8132-01-107.

    Note 2: Agusta Bollettino Tecnico No. 109-100, dated March 21, 
1997, pertains to the subject of this AD.

    (b) This AD revises the Limitations Section of the maintenance 
manual by establishing new retirement times for the tail rotor hub 
and blade assembly components as follows:

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                                                                                                    Retirement
               Part number                                     Nomenclature                        life (hours)
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109-8132-01-1...........................  Blade.................................................            3000
109-8131-07-1...........................  Retention Strap Assembly..............................            2000
109-8131-08-1...........................  Strap Pin.............................................            5000
109-8131-06-1...........................  Strap Plug............................................            5000
109-0131-06-7...........................  Hub Assembly..........................................            3600
109-8131-09-1...........................  Bolt, Retention Strap.................................            5000
109-8131-29-101.........................  Grip Assembly.........................................            3000
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    (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, FAA, 
Rotorcraft Directorate. 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.

    (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) This amendment becomes effective on December 9, 1998.

    Note 4: The subject of this AD is addressed in Registro 
Aeronautico Italiano (Italy) AD 97-084, dated March 28, 1997.

    Issued in Fort Worth, Texas, on November 17, 1998.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 98-31331 Filed 11-23-98; 8:45 am]
BILLING CODE 4910-13-U