[Federal Register Volume 65, Number 251 (Friday, December 29, 2000)]
[Rules and Regulations]
[Pages 82903-82905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33335]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-SW-58-AD; Amendment 39-12061; AD 2000-26-11]
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 amendment adopts a new airworthiness directive (AD) for

[[Page 82904]]

Agusta S.p.A. (Agusta) Model A109E helicopters. This action requires 
replacing certain tail rotor blades with airworthy tail rotor blades. 
This amendment is prompted by a tail rotor blade (blade) failure that 
caused a high vibration level in the helicopter. Investigation revealed 
that the failure was due to a change in the manufacturing process for 
an identified production lot of blades. This condition, if not 
corrected, could result in a failure of a blade and subsequent loss of 
control of the helicopter.

DATES: Effective January 16, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before February 27, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2000-SW-58-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: 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: The Ente Nazionale per l'Aviazione Civile 
(ENAC), the airworthiness authority for Italy, notified the FAA that an 
unsafe condition may exist on Agusta Model A109E helicopters. 
Investigation revealed that the blade failure was due to a change in 
the skin bonding manufacturing process for an identified production lot 
of blades.
    Agusta issued Alert Bollettino Tecnico No. 109EP-13, dated August 
3, 2000, which specifies, within 10 hours time-in-service (TIS) or with 
any abnormal increase in vibratory level, replacing blades, part number 
(P/N) 109-8132-01-109, serial number (S/N) A5-0130, A5-0131, A5-0224 to 
A5-0253, excluding A5-0247 and A5-0248, with blades, P/N 109-8132-01-
109 or 109-8132-01-107, to ensure the continued airworthiness of these 
helicopters in Italy. ENAC classified this service bulletin as 
mandatory and issued AD 2000-393, dated August 8, 2000, to ensure 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 
14 CFR 21.29 and the applicable bilateral airworthiness agreement. 
Pursuant to this bilateral airworthiness agreement, ENAC has kept the 
FAA informed of the situation described above. The FAA has examined the 
findings of 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.
    Since we have identified an unsafe condition that is likely to 
exist or develop on other Agusta Model A109E helicopters of the same 
type design registered in the United States, this AD is being issued to 
prevent failure of a blade. This AD requires replacing certain blades. 
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 each blade, P/N 109-8132-01-109, S/N A5-0130, A5-0131, A5-
0224 through A5-0246, and A5-0249 through A5-0253, with a blade P/N 
109-8132-01-109 or P/N 109-8132-01-107, is required within 10 hours 
time-in-service, 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 20 helicopters will be affected by this AD, 
that it will take approximately 4 work hours to replace the blades, and 
that the average labor rate is $60 per work hour. Required parts will 
cost approximately $10,000 per helicopter. Based on these figures, the 
total cost impact of the AD on U.S. operators is estimated to be 
$204,800 based on replacing both blades on all 20 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 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-58-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:

[[Page 82905]]

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:

2000-26-11   Agusta S.p.A.: Amendment 39-12061. Docket No. 2000-SW-
58-AD.
    Applicability: Model A109E helicopters with tail rotor blade 
(blade), part number (P/N) 109-8132-01-109, serial number (S/N) A5-
0130, A5-0131, A5-0224 through A5-0246, or A5-0249 through A5-0253, 
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 (b) 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 within 10 hours time-in-service, unless 
accomplished previously.
    To prevent a blade failure and subsequent loss of control of the 
helicopter, accomplish the following:
    (a) Replace each affected blade with an airworthy blade, P/N 
109-8132-01-109 or P/N 109-8132-01-107, with an S/N other than those 
listed in the applicability section of this AD.

    Note 2: Agusta Bollettino Tecnico No. 109EP-13, dated August 3, 
2000, pertains to the subject of this AD.

    (b) 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.

    (c) 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 of this AD can be accomplished.
    (d) This amendment becomes effective on January 16, 2001.

    Note 4: The subject of this AD is addressed in Ente Nazionale 
per l'Aviazione Civile (Italy) AD 2000-393, dated August 8, 2000.


    Issued in Fort Worth, Texas, on December 21, 2000.
Henry A. Armstrong,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 00-33335 Filed 12-28-00; 8:45 am]
BILLING CODE 4910-13-P