[Federal Register Volume 64, Number 53 (Friday, March 19, 1999)]
[Rules and Regulations]
[Pages 13502-13504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6556]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-SW-10-AD; Amendment 39-11080; AD 99-03-10]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. (Agusta) Model A109E 
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) 99-03-10 which was sent 
previously to all known U.S. owners and operators of Agusta Model A109E 
helicopters by individual letters. This AD requires, before further 
flight, inspections of the exhaust ejector locking system, clamp, and 
dampers for each engine. This AD also requires, at specified time 
intervals, verifying the torque of the metallic clamps and installing 
safety wire on the metallic clamps; inspecting and modifying the 
ejector saddles and the locking metallic clamps; and inspecting the 
metallic clamps, locking mechanisms, and dampers. This amendment is 
prompted by an inflight incident in which a metallic clamp which 
secured the left-hand engine exhaust ejector to the ejector saddle 
became detached and subsequently separated from the helicopter. The 
actions specified by this AD are intended to prevent loss of the 
metallic clamp or the engine exhaust ejector, which could result in 
damage to the main or tail rotor system and subsequent loss of control 
of the helicopter.

DATES: Effective April 5, 1999, to all persons except those persons to 
whom it was made immediately effective by Priority Letter AD 99-03-10, 
issued on January 28, 1998, which contained the requirements of this 
amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 5, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before May 18, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 99-SW-10-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.
    The applicable service information 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: 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 January 28, 1999, the FAA issued Priority 
Letter AD 99-03-10, applicable to Agusta Model A109E helicopters, which 
requires, before further flight, inspections of the exhaust ejector to 
ejector saddle locking system, torque of the metallic clamp, and 
installation of safety wire and the metallic clamp at the bottom of the 
ejector saddle for each engine. The AD also requires, at specified time 
intervals, verifying the torque of the metallic clamps and

[[Page 13503]]

installing safety wire on the metallic clamps; inspecting and modifying 
the ejector saddles and the locking metallic clamps; and inspecting the 
metallic clamps, locking mechanisms, and dampers. That action was 
prompted by an inflight incident in which a metallic clamp which 
secured the left-hand engine exhaust ejector to the ejector saddle 
became detached and subsequently separated from the helicopter. This 
condition, if not corrected, could result in loss of the metallic clamp 
or the engine exhaust ejector, which could result in damage to the main 
or tail rotor system and subsequent loss of control of the helicopter.
    The FAA has reviewed Agusta Bollettino Tecnico No. 109EP-3, dated 
December 22, 1998 (Technical Bulletin), which describes procedures for 
the inspection of both engine exhaust ejectors, dampers, and clamps, 
and modification of the ejector saddle on each engine.
    Since the unsafe condition described is likely to exist or develop 
on other Agusta Model A109E helicopters of the same type design, the 
FAA issued Priority Letter AD 99-03-10 to prevent loss of the metallic 
clamp or the engine exhaust ejector, which could result in damage to 
the main or tail rotor system and subsequent loss of control of the 
helicopter. The AD requires, before further flight, inspections of the 
exhaust ejector to ejector saddle locking system, torque of the 
metallic clamp, and installation of safety wire and the metallic clamp 
at the bottom of the ejector saddle for each engine. The AD also 
requires verifying the torque of the metallic clamps and installing 
safety wire on the metallic clamps. Within the next 10 hours time-in-
service (TIS), inspection and modification of the ejector saddles and 
the locking metallic clamps are required. Thereafter, at intervals not 
to exceed 25 hours TIS, inspecting the metallic clamps, locking 
mechanisms, and dampers is required. The actions are required to be 
accomplished in accordance with the Technical Bulletin described 
previously. The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
structural integrity of the helicopter. Therefore, inspection of the 
exhaust ejector locking system, clamp torque, and dampers as well as 
installation of safety wire in the metallic clamp for each engine is 
required prior to further flight, 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 January 28, 1999 to all known U.S. owners and operators of 
Agusta Model A109E 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.
    There are minor changes in this published version of the priority 
letter AD that indicate the incorporated parts of the Technical 
Bulletin are contained in the ``Compliance Instructions'' section. 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 4 helicopters of U.S. registry will be 
affected by this AD, that it will take approximately 0.5 work hour for 
the initial inspection, 2 work hours for the modification, and 0.5 work 
hour for each repetitive inspection, per helicopter, 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 $5,400 for the 
first year and $4,800 each year thereafter, assuming 1,000 hours TIS 
for each helicopter annually.

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. 99-SW-10-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.

[[Page 13504]]

Sec. 39.13  [Amended]

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

    AD 99-03-10  Agusta S.p.A.: Amendment 39-11080. Docket No. 99-
SW-10-AD.

    Applicability: Model A109E helicopters, serial numbers up to and 
including 11036, 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 (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 as indicated, unless accomplished 
previously.
    To prevent loss of the metallic clamp or the engine exhaust 
ejector which could result in damage to the main or tail rotor 
system and subsequent loss of control of the helicopter, accomplish 
the following for each engine:
    (a) Prior to further flight, in accordance with Part I of the 
Compliance Instructions in Agusta Bollettino Tecnico No. 109EP-3, 
dated December 22, 1998 (Technical Bulletin), inspect the exhaust 
ejector to ejector saddle locking system, the dampers at the bottom 
of the ejector saddle, and the torque of the metallic clamp, and 
install safety wire on the metallic clamp. If any damage is found as 
a result of the inspection, accomplish Part II of the Compliance 
Instructions in the Technical Bulletin prior to further flight.
    (b) Within the next 10 hours time-in-service (TIS), inspect the 
dampers and metallic clamps, and reposition and modify the ejector 
saddle and the locking metallic clamp in accordance with Part II of 
the Compliance Instructions in the Technical Bulletin.
    (c) Thereafter, at intervals not to exceed 25 hours TIS, inspect 
the metallic clamp, locking mechanism, and dampers in accordance 
with Part III of the Compliance Instructions in the Technical 
Bulletin.
    (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, Rotorcraft Directorate, 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 2: 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) The inspections and modification shall be done in accordance 
with Agusta Bollettino Tecnico No. 109EP-3, dated December 22, 1998. 
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.
    (g) This amendment becomes effective on April 5, 1999, to all 
persons except those persons to whom it was made immediately 
effective by Priority Letter AD 99-03-10, issued January 28, 1999, 
which contained the requirements of this amendment.
    (h) The subject of this AD is addressed in Registro Aeronautico 
Italiano (Italy) AD No. 98-465, dated December 24, 1998.

    Issued in Fort Worth, Texas, on March 10, 1999.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 99-6556 Filed 3-18-99; 8:45 am]
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