[Federal Register Volume 66, Number 168 (Wednesday, August 29, 2001)]
[Rules and Regulations]
[Pages 45565-45568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21219]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 168 / Wednesday, August 29, 2001 / 
Rules and Regulations  

[[Page 45565]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-24-AD; Amendment 39-12407; AD 2001-17-16]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model A109E Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD) for Agusta S.p.A. (Agusta) Model A109E helicopters that currently 
requires visually checking and inspecting each tail rotor blade (blade) 
for a crack at specified intervals. That AD also requires replacing any 
cracked blade with an airworthy blade. This amendment contains the same 
requirements but adds another blade to the applicability. This 
amendment is necessary because the added blade is manufactured using 
the same process as the blade that failed. The actions specified by 
this AD are intended to prevent failure of a blade and subsequent loss 
of control of the helicopter.

DATES: Effective September 13, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 13, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before October 29, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2001-SW-24-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 service information referenced in this AD 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 
76137; 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 February 2, 2001, the FAA issued AD 2000-
25-54, Amendment 39-12106 (66 FR 10185, February 14, 2001), to require 
visually checking and subsequently inspecting each blade, P/N 109-8132-
01-109, for a crack at specified intervals. That AD also requires 
replacing any cracked blade with an airworthy blade. That action was 
prompted by five reports of cracked blades. That condition, if not 
corrected, could result in failure of a blade and subsequent loss of 
control of the helicopter.
    Since the issuance of that AD, 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 
with blades, P/N 109-8132-01-107, that are not affected by AD 2000-25-
54. The ENAC advises inspecting certain additional blades for a crack.
    Agusta has issued Alert Bollettino Tecnico No. 109EP-14, Revision 
A, dated March 19, 2001 (ABT), which specifies certain inspections for 
a crack in blades, part number (P/N) 109-8132-01-109 and -107. Agusta 
included blade, P/N 109-8132-01-107, in its technical bulletin because 
the blade is manufactured using the same process as used for P/N 109-
8132-01-109. Cracks in blade, P/N 109-8132-01-109, were discovered 
during maintenance and by a pilot due to an increase of vibratory 
level, which did not affect the operation of the tail rotor. Agusta is 
investigating the reason for these cracks, and the instructions in this 
ABT are given as a precautionary measure. ENAC issued AD 2001-094, 
dated March 22, 2001, requiring compliance with the ABT.
    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 agreement. Pursuant to the 
applicable bilateral 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 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 supersedes AD 
2000-25-54. This AD contains the same requirements as AD 2000-25-54 but 
adds blade, P/N 109-8132-01-107, to the applicability. Therefore, the 
AD requires the following for each blade, P/N 109-8132-01-107, and -
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 at specified 
intervals 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 at specified intervals, dye-
penetrant inspect each blade for a crack.
     Replace each cracked blade with an airworthy blade before 
further flight.
    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 and structural integrity of the 
helicopter. Therefore, the actions previously listed are required at 
frequent compliance intervals, and this AD must be issued immediately.
    An owner/operator (pilot) may perform the visual check required by 
this AD and must enter compliance with

[[Page 45566]]

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.
    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 29 helicopters will be affected by this AD, 
that it will take approximately \1/2\ work hour to conduct the 10-hour 
interval inspection, 1 work hour to conduct the dye-penetrant 
inspection, and 1 work hour to replace each blade, and that the average 
labor rate is $60 per work hour. Consumable materials are expected to 
cost $35 per helicopter. Required parts will cost approximately $10,000 
per helicopter if both blades are replaced. Assuming each helicopter 
flies 200 hours in 6 months, the 10-hour inspection is accomplished 20 
times, and the dye-penetrant inspection is accomplished 8 times, and 
both blades are replaced once, the total cost impact of the AD on U.S. 
operators is estimated to be $325,815.

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. 2001-SW-24-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 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 removing Amendment 39-12106 (66 FR 
10185, February 14, 2001) and by adding a new airworthiness directive 
(AD), Amendment 39-12407, to read as follows:

2001-17-16  Agusta S.p.A.: Amendment 39-12407. Docket No. 2001-SW-
24-AD. Supersedes AD 2000-25-54, Amendment 39-12106, Docket No. 
2000-SW-65-AD.

    Applicability: Model A109E helicopters, with tail rotor blade 
(blade), part number (P/N) 109-8132-01-107 or -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 accordance with Figure 1 of this AD for 
blade, P/N 109-8132-01-107, or Figure 2 of this AD for blade, P/N 
109-8132-01-109. An owner/operator (pilot), holding at least a 
private pilot certificate, may perform the visual check required by 
this paragraph and must record compliance with paragraph (a) of this 
AD in the aircraft maintenance records in accordance with 14 CFR 
43.11 and 91.417(a)(2)(v).

[[Page 45567]]

[GRAPHIC] [TIFF OMITTED] TR29AU01.000


[[Page 45568]]


[GRAPHIC] [TIFF OMITTED] TR29AU01.001

    (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 Bollettino Tecnico No. 
109EP-14, Revision A, dated March 19, 2001 (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 Alert 
Bollettino Tecnico No. 109EP-14, Revision A, dated March 19, 2001. 
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 September 13, 2001.

    Note 3: The subject of this AD is addressed in Ente Nazionale 
per l'Aviazione Civile (Italy) AD No. 2001-094, dated March 22, 
2001.


    Issued in Fort Worth, Texas, on August 14, 2001.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 01-21219 Filed 8-28-01; 8:45 am]
BILLING CODE 4910-13-P