[Federal Register Volume 64, Number 30 (Tuesday, February 16, 1999)]
[Rules and Regulations]
[Pages 7494-7498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3589]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-SW-40-AD; Amendment 39-11039; AD 98-19-04]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model A109C, A109E, and 
A109K2 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) AD 98-19-04, which was sent 
previously to all known U.S. owners and operators of Agusta S.p.A. 
Model A109C, A109E, and A109K2 helicopters by individual letters. This 
AD requires conducting a tapping inspection of the upperside and 
lowerside of the main rotor blade (blade) blade tip cap for debonding 
between the metal shells and honeycomb core; conducting a visual 
inspection of the upperside and lowerside of the blade tip cap for 
swelling or deformation between the metal shells and the honeycomb 
core; and visually inspecting the welded bead along the leading edge of 
the blade tip cap for cracks. This amendment is prompted by two 
discoveries of cracks in the leading edge of the blade tip cap of a 
blade. The actions specified by this AD are intended to prevent blade 
blade tip cap failure and subsequent loss of control of the helicopter.

DATES: Effective March 3, 1999, to all persons except those persons to 
whom it was made immediately effective by Priority Letter AD 98-19-04, 
issued on August 31, 1998, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before April 19, 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-40-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: 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: On August 31, 1998, the FAA issued Priority 
Letter AD 98-19-04 applicable to Agusta S.p.A. Model A109C, A109E, and 
A109K2 helicopters, which requires conducting a tapping inspection of 
the upperside and lowerside of the blade blade tip cap for debonding 
between the metal shells and honeycomb core; conducting a visual 
inspection of the upperside and lowerside of the blade blade tip cap 
for swelling or deformation between the metal shells and the honeycomb 
core; and visually inspecting the welded bead along the leading edge of 
the blade blade tip cap for a crack. That action was prompted by two 
discoveries of cracks in the leading edge of the blade tip cap of a 
blade. The cracks were discovered after pilots experienced increased 
vibration during flight. Subsequent investigation revealed that the 
increased vibration was caused by debonding of the honeycomb material 
in the blade, which led to deformation and cracking of the blade tip 
cap. This condition, if not corrected, could result in blade blade tip 
cap failure and subsequent loss of control of the helicopter.
    Agusta S.p.A. has issued Agusta Bolletino Tecnico No. 109-106, 
dated July 21, 1998, Agusta Bolletino Tecnico No. 109EP-1, Revision A, 
dated September 9, 1998, and Agusta Bolletino Tecnico No. 109K-22, 
dated July 13, 1998, applicable to Agusta S.p.A. Model A109C, A109E, 
and A109K2 helicopters, which specify conducting a tapping inspection 
of the blade blade tip cap for debonding; conducting a visual 
inspection of the blade tip cap for swelling or deformation; and 
visually inspecting the welded bead along the leading edge of the blade 
tip cap for a crack. The Ente Nazionale di Aviazione Civile (ENAC) 
classified this service bulletin as mandatory and issued AD 98-271, 
applicable to Model A109K2 helicopters, dated July 29, 1998; AD 98-275, 
applicable to Model A109C

[[Page 7495]]

helicopters and AD 98-276, applicable to Model A109E helicopters, both 
dated August 4, 1998, and AD 98-319, applicable to Model A109E 
helicopters dated September 15, 1998, which superseded AD 98-276, in 
order to assure the continued airworthiness of these helicopters in 
Italy.
    These helicopter models are manufactured in Italy and are type 
certificated for operation in the United States under the provision 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 ENAC has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the ENAC, reviewed all available information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operations in the United States.
    Since the unsafe condition described is likely to exist or develop 
on other Agusta S.p.A. Model A109C, A109E, and A109K2 helicopters of 
the same type design, the FAA issued Priority Letter AD 98-19-04 to 
prevent blade blade tip cap failure and subsequent loss of control of 
the helicopter. The AD requires, within 10 hours time-in-service (TIS), 
and thereafter at intervals not to exceed 25 hours TIS, conducting a 
tapping inspection of the upperside and lowerside of the blade tip cap 
for debonding between the metal shells and honeycomb core; conducting a 
visual inspection of the upperside and lowerside of the blade tip cap 
for swelling or deformation between the metal shells and the honeycomb 
core; and visually inspecting the welded bead along the leading edge of 
the blade tip cap for cracks using an 8-power or higher magnifying 
glass. If any crack, swelling, deformation, or debonding that exceeds 
the limits prescribed in the applicable maintenance manual is 
discovered, replacement of the blade with an airworthy blade is 
required. The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
structural integrity of the aircraft. Therefore, the inspections are 
required within 10 hours TIS, and thereafter at intervals not to exceed 
25 hours TIS, and this AD must be issued immediately.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual letters 
issued on August 31, 1998 to all known U.S. owners and operators of 
Agusta S.p.A. Model A109C, A109E, and A109K2 helicopters. These 
conditions still exist, and the AD is hereby published in the Federal 
Register as an amendment to section 39.13 of the Federal Aviation 
Regulations (14 CFR 39.13) to make it effective to all persons. This 
final rule contains three changes from the priority letter AD. Agusta 
issued a revision to Bolletino Tecnico No.109EP-1 on September 9, 1998, 
so references to it in Note 2 have been changed to reflect the 
revision. The Registro Aeronautico Italiano has become the ENAC, and 
has issued AD 98-319, dated September 15, 1998, which is applicable to 
Model A109E helicopters. That AD supersedes AD 98-276. This change is 
reflected in Note 4. Also, paragraph (a) has been changed to allow the 
use of a coin to conduct the tap test instead of only a steel hammer as 
was required in the priority letter AD. The FAA has determined that 
these changes will neither increase the economic burden on any operator 
nor increase the scope of the AD.
    The FAA estimates that 21 helicopters of U.S. registry will be 
affected by this AD, that it will take approximately 4 work hours per 
helicopter to accomplish the inspection, and the average labor rate is 
$60 per work hour. Based on these figures, the total cost impact of the 
AD on U.S. operators is estimated to be $5040 for the initial 
inspection and for each repetitive inspection of the fleet. This 
estimate is based on the assumption that no main rotor blade will need 
to be replaced as a result of these inspections.

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. 98-SW-40-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:

[[Page 7496]]

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 98-19-04  Agusta S.p.A.: Amendment 39-11039. Docket No. 98-SW-40-
AD.

    Applicability: Model A109C, A109E, and A109K2 helicopters, with 
main rotor blades, part number (P/N) 709-0103-01-all dash numbers, 
having a serial number (S/N) up to and including S/N 1428 with a 
prefix of either ``EM-'' or ``A5-'', 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 (f) 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 (TIS), 
unless accomplished previously, and thereafter at intervals not to 
exceed 25 hours TIS.
    To prevent failure of a main rotor blade (blade) blade tip cap 
and subsequent loss of control of the helicopter, accomplish the 
following:
    (a) Conduct a tap inspection of the upperside and lowerside of 
each blade tip cap for debonding between the metal shells and the 
honeycomb core using a steel hammer, P/N 109-3101-58-1, or a coin (a 
quarter) in the area indicated as honeycomb core on Figure 1.

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    (b) Visually inspect the upperside and lowerside of each blade 
tip cap for swelling or deformation.
    (c) Using an 8-power or higher magnifying glass, visually 
inspect the welded bead along the leading edge of each blade tip cap 
for cracks in the area shown in Figure 1.
    (d) If any swelling, deformation, crack, or debonding that 
exceeds the prescribed limits in the applicable maintenance manual 
is found, replace the blade with an airworthy blade.

    Note 2: Agusta Bolletino Tecnico No. 109-106, dated July 21, 
1998, Agusta Bolletino Tecnico No. 109EP-1, Revision A, dated 
September 9, 1998, and Agusta Bolletino Tecnico No. 109K-22, dated 
July 13, 1998, which are applicable to Agusta S.p.A. Model A109C, 
A109E, and A109K2 helicopters, respectively, pertain to the subject 
of this AD.

    (e) Replacement blades affected by this AD must comply with the 
repetitive inspection requirements of this AD. Replacement of an 
affected blade with a blade having an airworthy blade tip cap, P/N 
709-0103-29-109, is a terminating action for the requirements of 
this AD for that blade.
    (f) 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. 
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.

    (g) 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.
    (h) This amendment becomes effective on March 3, 1999, to all 
persons except those persons to whom it was made immediately 
effective by Priority Letter AD 98-19-04, issued August 31, 1998, 
which contained the requirements of this amendment.

    Note 4: The subject of this AD is addressed in Ente Nazionale di 
Aviazione Civile (Italy) AD 98-271, applicable to Model A109K2 
helicopters, dated July 29, 1998; AD 98-275, applicable to Model 
A109C helicopters and AD 98-276, applicable to Model A109E 
helicopters, both dated August 4, 1998, and AD 98-319 (which 
superseded AD 98-276), applicable to Model A109E helicopters, dated 
September 15, 1998.

    Issued in Fort Worth, Texas, on February 5, 1999.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 99-3589 Filed 2-12-99; 8:45 am]
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