[Federal Register Volume 65, Number 191 (Monday, October 2, 2000)]
[Rules and Regulations]
[Pages 58647-58648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25151]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-SW-21-AD; Amendment 39-11917; AD 2000-20-06]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model A109K2 and A109E 
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) for 
Agusta S.p.A. (Agusta) Model A109K2 and A109E helicopters. This AD 
requires replacing a certain main transmission aft support fitting (aft 
support fitting) with an airworthy aft support fitting within specified 
time intervals and establishes a retirement life for certain aft 
support fittings. This AD is prompted by three failures of the engine 
to main gearbox drive shaft due to fatigue cracks on the aft support 
fittings. This condition, if not corrected, could result in excessive 
displacement of the main gearbox, failure of an engine to main gearbox 
drive shaft, loss of power to the main rotor, and a subsequent forced 
landing.

DATES: Effective October 17, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before December 1, 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-21-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].

FOR FURTHER INFORMATION CONTACT: Uday Garadi, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort Worth, 
Texas 76193-0110, telephone (817) 222-5123, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: The Ente Nazionale per l'Aviazione Civile 
(ENAC), which is the airworthiness authority for Italy, notified the 
FAA that an unsafe condition may exist on Agusta Model A109K2 and A109E 
helicopters. The ENAC advises replacing certain support fittings.
    Agusta has issued Alert Bollettino Tecnico (Technical Bulletin) No. 
109K-25 and No. 109EP-7, both dated March 3, 2000, which specify 
replacing the left and right aft aluminum support fittings with 
improved steel support fittings and establishes a new retirement life 
for the aluminum support fittings installed on the aft end of the main 
transmission. The ENAC classified those technical bulletins as 
mandatory and issued AD No. 2000-128, dated March 6, 2000, 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 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 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 operation in the United States.
    The FAA has identified an unsafe condition that is likely to exist 
or develop on other Agusta Model A109K2 and A109E helicopters of the 
same type designs registered in the United States. This AD is being 
issued to prevent cracks on the aft support fittings that could result 
in excessive displacement of the main gearbox, failure of an engine to 
main gearbox drive shaft, loss of power to the main rotor, and a 
subsequent forced landing. This AD requires replacing any aft support 
fitting, P/N 109-0325-08-01, with an airworthy support fitting, P/N 
109-0325-08-109, within specified time intervals and establishes a 
retirement life of 150 hours TIS for support fittings, P/N 109-0325-08-
01, installed on the aft end of the main transmission. Installing the 
support fittings, P/N 109-0325-08-109, constitutes terminating action 
for the requirements of this AD. The short compliance time involved is 
required because the previously described critical unsafe condition can 
adversely affect the structural integrity of the helicopter. Therefore, 
replacing certain support fittings with 140 hours TIS or more is 
required within 10 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 4 helicopters will be affected by this AD, 
that it will take approximately 9 work hours per Agusta Model A109E 
helicopter and 6 work hours per Agusta Model A109K2 helicopter to 
replace the support fittings, and that the average labor rate is $60 
per work hour. The manufacturer has stated in the technical bulletins 
that labor will be reimbursed up to $40 per work hour for the Agusta 
Model A109E, and all required parts for both model helicopters will be 
provided under warranty. Based on these figures, the total cost impact 
of the AD on U.S. operators is estimated to be $1,440.

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

[[Page 58648]]

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 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-21-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, 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--20-06 Agusta S.p.A.: Amendment 39-11917. Docket No. 2000-SW-
21-AD.

    Applicability: Model A109K2 with serial number (S/N) up to and 
including 10036 and Model A109E with S/N up to and including 11069, 
excluding A109E helicopters with serial number 11049, 11055, 11056, 
or 11067, 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 (d) 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 a crack in a main transmission aft support fitting 
(aft support fitting) that could result in excessive displacement of 
the main gearbox, failure of an engine to main gearbox drive shaft, 
loss of power to the main rotor, and a subsequent forced landing, 
accomplish the following:
    (a) Remove each main transmission aft support fitting, part 
number (P/N) 109-0325-08-01 and replace it with an airworthy support 
fitting, P/N 109-0325-08-109, as follows:
    (1) For an aft support fitting, P/N 109-0325-08-01, with less 
than 140 hours time-in-service (TIS), replace it at or before 150 
hours TIS.
    (2) For an aft support fitting, P/N 109-0325-08-01, with 140 or 
more hours TIS, replace it within 10 hours TIS.

    Note 2: Agusta Alert Bollettino Tecnico (Technical Bulletin) No. 
109K-25 and No. 109EP-7, both dated March 3, 2000, pertain to the 
subject of this AD.

    (b) This AD revises the Airworthiness Limitations Section of the 
applicable maintenance manual by establishing a life limit of 150 
hours TIS for the aft support fitting, P/N 109-0325-08-01.
    (c) Replacing all aft support fittings, P/N 109-0325-08-01, with 
support fittings, P/N 109-0325-08-109, constitutes terminating 
action for the requirements of this AD.
    (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, 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Regulations Group.

    (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 October 17, 2000.

    Note 4: The subject of this AD is addressed in Ente Nazionale 
per l'Aviazione Civile (Italy) AD No. 2000-128, dated March 6, 2000.


    Issued in Fort Worth, Texas, on September 25, 2000.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 00-25151 Filed 9-29-00; 8:45 am]
BILLING CODE 4910-13-P