[Federal Register Volume 65, Number 185 (Friday, September 22, 2000)]
[Rules and Regulations]
[Pages 57280-57282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24109]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-SW-41-AD; Amendment 39-11898; AD 2000-17-52]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. 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) 2000-17-52, which was sent 
previously to all known U.S. owners and operators of Agusta S.p.A. 
(Agusta) Model A109E helicopters by individual letters. This AD 
requires, before further flight, visually inspecting any main rotor 
rotating scissors assembly for correct installation and replacing any 
unairworthy part with an airworthy

[[Page 57281]]

part. If the rotating scissors attachment bolt (attachment bolt) is not 
replaced with a new part at the initial inspection, this AD also 
requires removing the rotating scissors assembly to inspect the 
attachment bolt for a crack and replacing any cracked attachment bolt 
with a new attachment bolt before further flight. This amendment is 
prompted by two incidents of flight control malfunctions. The actions 
specified by this AD are intended to prevent failure of the rotating 
scissors assembly and subsequent loss of control of the helicopter.

DATES: Effective October 10, 2000, to all persons except those persons 
to whom it was made immediately effective by Emergency AD 2000-17-52, 
issued on August 23, 2000, 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 October 10, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before November 21, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2000-SW-41-AD, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137. You may also send comments electronically 
to the Rules Docket at the following address: [email protected].
    The applicable service information may be obtained from Agusta, 
21017 Cascina Costa di Samarate (VA) Italy, Via Giovanni Agusta 520, 
telephone 39 (0331) 229111, fax 39 (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: Richard Monschke, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort 
Worth, Texas 76193-0110, telephone (817) 222-5116, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: On August 23, 2000 the FAA issued Emergency 
AD 2000-17-52 for Agusta Model A109E helicopters, which requires before 
further flight, visually inspecting any rotating scissors assembly for 
correct installation and replacing any unairworthy part with an 
airworthy part. If the attachment bolt is not replaced with a new part 
at the initial inspection, the AD also requires removing the rotating 
scissors assembly to inspect the attachment bolt for a crack and 
replacing any cracked attachment bolt with a new attachment bolt before 
further flight. That action was prompted by two incidents of flight 
control malfunctions. Investigations of each incident revealed 
incorrect installation of the main rotor rotating scissors assembly 
resulted in fatigue failure of the attachment bolt. This condition, if 
not corrected, could result in failure of the rotating scissors 
assembly and subsequent loss of control of the helicopter.
    The FAA has reviewed Agusta Alert Bollettino Tecnico No. 109EP-12, 
dated July 24, 2000 (ABT), which describes procedures for visually 
inspecting, before further flight, the rotating scissors assembly, part 
number (P/N) 109-0134-09, for correct installation. This ABT also 
specifies, within the next 50 hours time-in-service (TIS), removing the 
rotating scissors assembly to inspect the attachment bolt for a crack 
or damage unless the attachment bolt was replaced with a new attachment 
bolt as a result of the initial inspection. The ABT specifies replacing 
any unairworthy part with an airworthy part.
    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 Emergency AD 2000-17-52 to prevent failure of the rotating 
scissors assembly and subsequent loss of control of the helicopter. The 
AD requires, before further flight, visually inspecting any rotating 
scissors assembly, P/N 109-0134-09, for correct installation and 
replacing any unairworthy part with an airworthy part. If the 
attachment bolt is not replaced with a new attachment bolt at the 
initial inspection, this AD also requires, within 50 hours TIS, 
removing the rotating scissors assembly to inspect the attachment bolt 
for a crack and replacing any cracked attachment bolt with a new 
attachment bolt before further flight. A ``new'' attachment bold is one 
with zero hours TIS. The actions must be accomplished in accordance 
with the ABT described previously. The short compliance time involved 
is required because the previously described critical unsafe condition 
can adversely affect the controllability of the helicopter. Therefore, 
the actions discussed previously are required before further flight, 
and this AD must be issued immediately. However, the FAA has made one 
nonsubstantive change to a word that was incorrectly spelled in the 
emergency AD. The word ``Tecnico'' is misspelled in the Emergency AD 
and that correction is made in this AD. The FAA has determined that 
this change will neither increase the economic burden on any operator 
nor increase the scope of the AD.
    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 23, 2000 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.
    The FAA estimates that 20 helicopters of U.S. registry will be 
affected by this AD. It will take approximately 1.5 work hours per 
helicopter to inspect the rotating scissors assembly and 1.5 work hours 
to inspect the attachment bolt for a crack. If necessary, it will take 
approximately 15 work hours per helicopter to replace any unairworthy 
part on the rotating scissors assembly or the attachment bolt. The 
average labor rate is $60 per work hour. The manufacturer has stated, 
in writing, that replacement parts will be provided at no cost. Based 
on these figures, the total cost impact of the AD on U.S. operators is 
estimated to be $21,600, assuming 2 inspections and 1 replacement per 
helicopter.

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

[[Page 57282]]

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 mailed 
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. 2000-SW-41-AD.'' The postcard will be date 
stamped and returned to the commenter.
    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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.


Sec. 39.13  [Amended]

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


2000-17-52  Agusta S.p.A.: Amendment 39-11898. Docket No. 2000-SW-
41-AD.

    Applicability: Model A109E helicopters, up to and including 
serial number (S/N) 11082, with main rotor rotating scissors 
assembly, part number (P/N) 109-0134-09, 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 
otherwise 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 request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the rotating scissors assembly and 
subsequent loss of control of the helicopter, accomplish the 
following:
    (a) Before further flight, visually inspect the rotating 
scissors assembly for correct installation in accordance with Part I 
of Agusta Bollettino Tecnico No. 109EP-12, dated July 24, 2000 
(ABT). Replace any unairworthy part with an airworthy part before 
further flight.
    (b) If a new rotating scissors attachment bolt (attachment 
bolt), P/N NAS6606D28 or NAS1306-28D, was not installed during 
compliance with paragraph (a) of this AD, within the next 50 hours 
time-in-service (TIS), in accordance with Part II of the ABT, 
visually inspect the attachment bolt, P/N NAS6606D28 or NAS1306-28D, 
for a crack. Replace any cracked attachment bolt with a new 
attachment bolt before further flight.
    (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, Regulations Group, 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, Regulations Group.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Regulations Group.

    (d) Special flight permits may be issued in accordance with 14 
CFR 21.197 and 21.199 to operate the helicopter to a location where 
the requirements paragraph (b) of this AD can be accomplished.
    (e) The inspections shall be done in accordance with Parts I and 
II of Agusta Bollettino Tecnico No. 109EP-12, dated July 24, 2000. 
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, 21017 Cascina Costa di 
Samarate (VA) Italy, Via Giovanni Agusta 520, telephone 39 (0331) 
229111, fax 39 (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.
    (f) This amendment becomes effective on October 10, 2000, to all 
persons except those persons to whom it was made immediately 
effective by Emergency AD 2000-17-52, issued August 23, 2000, which 
contained the requirements of this amendment.

    Note 3: The subject of this AD is addressed in 
RegistroAeronautico Italiano (Italy) AD 2000-371, dated July 24, 
2000.


    Issued in Fort Worth, Texas, on September 13, 2000.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 00-24109 Filed 9-21-00; 8:45 am]
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