[Federal Register Volume 66, Number 31 (Wednesday, February 14, 2001)]
[Rules and Regulations]
[Pages 10185-10187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3562]



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 Rules and Regulations
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  Federal Register / Vol. 66, No. 31 / Wednesday, February 14, 2001 / 
Rules and Regulations  

[[Page 10185]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-SW-65-AD; Amendment 39-12106; AD 2000-25-54]
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) 2000-25-54, which was sent 
previously to all known U.S. owners and operators of Agusta (Agusta) 
S.p.A. Model A109E helicopters by individual letters. This AD requires, 
before each start of the engines, visually checking both sides of each 
tail rotor blade (blade) for a crack and, at specified intervals, 
inspecting each blade for a crack using a 5-power or higher magnifying 
glass. Dye-penetrant inspecting each blade for a crack is also required 
at specified time intervals. If a crack is found, replacing the blade 
with an airworthy blade is required before further flight. This 
amendment is prompted by five reports of cracked tail rotor blades. The 
actions specified by this AD are intended to prevent failure of a blade 
and subsequent loss of control of the helicopter.

DATES: Effective March 1, 2001, to all persons except those persons to 
whom it was made immediately effective by Emergency AD 2000-25-54, 
issued on December 12, 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 March 1, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before April 16, 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-65-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 December 12, 2000, the FAA issued 
Emergency AD 2000-25-54 for Agusta Model A109E helicopters which 
requires, before each start of the engines, visually checking both 
sides of each blade for a crack and, at specified intervals, inspecting 
each blade for a crack using a 5-power or higher magnifying glass. Dye-
penetrant inspecting each blade for a crack is also required at 
specified time intervals. If a crack is found, replacing the blade with 
an airworthy blade is required before further flight. That action was 
prompted by five reports of cracked tail rotor blades. The cracks were 
discovered during maintenance and also during flight due to an increase 
in tail rotor vibration. The manufacturer is currently investigating 
the cause of these cracks. This condition, if not corrected, could 
result in failure of a blade and subsequent loss of control of the 
helicopter.
    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 A109E helicopters. The ENAC advises 
inspecting certain blades for a crack in accordance with Agusta Alert 
Bollettino Tecnico No. 109EP-14, dated October 11, 2000 (ABT).
    The FAA has reviewed the ABT, which specifies checking the upper 
and lower sides of each blade, part number (P/N) 109-8132-01-109, for a 
crack before each flight. The ABT also specifies visually inspecting 
the blades for a crack, using a 5-power magnifying lens, each 10 
operating hours or if any abnormal increase of vibratory level occurs. 
In addition, the ABT specifies dye-penetrant inspecting the blades for 
a crack at each 25 operating hours. The ABT specifies replacing any 
cracked blade before further flight. The ENAC classified the ABT as 
mandatory and issued AD 2000-468, dated December 10, 2000, to ensure 
the continued airworthiness of these helicopters in Italy.
    This helicopter model is manufactured in Italy and is typed 
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, 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.
    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 2000-25-54 to prevent failure of a blade and 
subsequent loss of control of the helicopter. The AD requires the 
following for each blade, part number 109-8132-01-109:
     Before each start of the engines, visually check both 
sides of each blade for a crack.
     Within 10 hours time-in-service (TIS) and thereafter at 
intervals not to exceed 10 hours TIS or before the next flight after 
any abnormal tail rotor vibration, inspect each blade for a crack using 
a 5-power or higher magnifying glass.
     Within 25 hours TIS and thereafter at intervals not to 
exceed 25 hours TIS, dye-penetrant inspect each blade for a crack.

[[Page 10186]]

     If a crack is found, replace the blade with an airworthy 
blade before further flight.
    An owner/operator (pilot) may perform the visual check required by 
this AD and must enter compliance with paragraph (a) of this AD into 
the aircraft maintenance records in accordance with 14 CFR 43.11 and 
91.417(a)(2)(v)). This AD allows a pilot to perform this check because 
it involves only a visual check for a crack in the blade and can be 
performed equally well by a pilot or a mechanic.
    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 structural integrity and controllability of the 
helicopter. Therefore, the actions previously listed are required at 
the specified intervals, 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 December 12, 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 
Sec. 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make 
it effective to all persons. Paragraph (a) of the emergency AD 
contained a typographical error in that it referenced 91.147(a)(2)(v) 
(a non-existent regulation). The correct reference should have been 
91.417(a)(2)(v). This document corrects that error.
    The FAA estimates that 21 helicopters of U.S. registry will be 
affected by this AD. It will take approximately \1/2\ work hour per 
helicopter to inspect each blade using a magnifying glass; 2 work hours 
to dye-penetrant inspect each blade; and 1 work hour to replace each 
blade, if necessary. The average labor rate is $60 per work hour. 
Required parts will cost approximately $5,000 per blade. Based on these 
figures, the total cost impact of the AD on U.S. operators is estimated 
to be $122,640 ($5,840 per helicopter, assuming that each helicopter 
blade is inspected 4 times, dye-penetrant inspected twice, and both 
blades are replaced on all 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-65-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:

2000-25-54  Agusta S.p.A.: Amendment 39-12106. Docket No. 2000-SW-
65-AD.

    Applicability: Model A109E helicopters, with tail rotor blade 
(blade), part number 109-8132-01-109, 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 (e) 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 a blade and subsequent loss of control of 
the helicopter, accomplish the following:
    (a) Before each start of the engines, visually check both sides 
of each blade for a crack, in the area shown in Figure 1. An owner/
operator (pilot), holding at least a private pilot certificate, may 
perform the visual check required by this paragraph and must enter 
compliance into the aircraft maintenance records in accordance with 
14 CFR 43.11 and 91.417(a)(2)(v).

[[Page 10187]]

[GRAPHIC] [TIFF OMITTED] TR14FE01.003

    (b) Within 10 hours time-in-service (TIS) and thereafter at 
intervals not to exceed 10 hours TIS or before the next flight after 
any abnormal tail rotor vibration, inspect each blade for a crack 
using a 5-power or higher magnifying glass in accordance with the 
Compliance Instructions, Part II, of Agusta S.p.A. Alert Bollettino 
Tecnico No. 109EP-14, dated October 11, 2000 (ABT).
    (c) Within 25 hours TIS and thereafter at intervals not to 
exceed 25 hours TIS, dye-penetrant inspect each blade for a crack in 
accordance with the Compliance Instructions, Part III, of the ABT.
    (d) If a crack is found, replace the blade with an airworthy 
blade before further flight.
    (e) 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.

    (f) Special flight permits are prohibited.
    (g) The inspections shall be done in accordance with the 
Compliance Instructions, Parts II and III, of Agusta S.p.A. Alert 
Bollettino Tecnico No. 109EP-14, dated October 11, 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.
    (h) This amendment becomes effective on March 1, 2001, to all 
persons except those persons to whom it was made immediately 
effective by Emergency AD 2000-25-54, issued December 12, 2000, 
which contained the requirements of this amendment.

    Issued in Fort Worth, Texas, on February 2, 2001.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 01-3562 Filed 2-13-01; 8:45 am]
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