[Federal Register Volume 66, Number 237 (Monday, December 10, 2001)]
[Rules and Regulations]
[Pages 63621-63623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30211]



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  Federal Register / Vol. 66, No. 237 / Monday, December 10, 2001 / 
Rules and Regulations  

[[Page 63621]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-SW-55-AD; Amendment 39-12552; AD 2001-22-51]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model A119 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) 2001-22-51, which was sent 
previously to all known U.S. owners and operators of Agusta S.p.A. 
(Agusta) Model A119 helicopters by individual letters. This AD requires 
removing a certain part-numbered tail rotor blade (blade) on or before 
accumulating 50 hours time-in-service (TIS). This AD also requires 
visually or dye penetrant inspecting each blade at specified time 
intervals and removing any cracked blade before further flight. This AD 
is prompted by the discovery of a fatigue crack on a blade during an 
inspection. The actions specified by this AD are intended to prevent 
failure of a blade and subsequent loss of control of the helicopter.

DATES: Effective December 26, 2001, to all persons except those persons 
to whom it was made immediately effective by Emergency AD 2001-22-51, 
issued on October 30, 2001, 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 December 26, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before February 8, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2001-SW-55-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 October 30, 2001, the FAA issued 
Emergency AD 2001-22-51 for Agusta Model A119 helicopters, which 
requires removing a certain part-numbered tail rotor blade on or before 
accumulating 50 hours TIS. That Emergency AD also requires visually or 
dye penetrant inspecting each blade at specified time intervals and 
removing any cracked blade before further flight. That action was 
prompted by the discovery of a fatigue crack on a blade during an 
inspection. This condition, if not corrected, could result in failure 
of a blade and subsequent loss of control of the helicopter.
    The FAA has reviewed Agusta Bollettino Tecnico No. 119-1, Revision 
A, dated August 22, 2001 (ABT), which describes procedures for 
performing inspections of each blade, part number (P/N) 109-8132-01-
107, for a crack and assigning a new retirement life. The Ente 
Nazionale per l'Aviazione Civile, which is the airworthiness authority 
for Italy, classified the ABT as mandatory and issued ADs 2001-124, 
dated March 30, 2001; 2001-348, dated August 20, 2001; and 2001-374, 
dated August 29, 2001, 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 agreement. Pursuant to this 
bilaterial 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 A119 helicopters of the same type designs, the 
FAA issued Emergency AD 2001-22-51 to prevent failure of a blade and 
subsequent loss of control of the helicopter. The AD requires the 
following for each blade, P/N 109-8132-01-107:
     Removing any blade on or before accumulating 50 hours TIS.
     Before each flight, visually checking both sides of each 
blade for a crack.
     Initially and at specified intervals or before the next 
flight after any abnormal tail rotor vibration, inspecting each blade 
for a crack using a 5-power or higher magnifying glass.
     Initially and repetitively, dye penetrant inspecting each 
blade for a crack.
     If a crack is found, removing the blade.
    The AD revises the Limitations section of the maintenance manual by 
establishing a 50-hour life limit for blade, P/N 109-8132-01-107. The 
actions must be accomplished in accordance with the ABT described 
previously. An owner/operator (pilot) may perform the visual check 
required by paragraph (b) of the AD and must enter compliance in the 
helicopter maintenance records in accordance with 14 CFR 43.11 and 
91.417(a)(2)(v)). The 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 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 stated previously

[[Page 63622]]

are required at the specified time 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 October 30, 2001 to all known U.S. owners and operators of 
Agusta Model A119 helicopters. However, shortly after the issuance of 
the emergency AD, ENAC advised us that a replacement blade is being 
certificated. That replacement blade should have a longer life limit 
and should not require mandatory inspections. Therefore, a terminating 
action for the requirements of this AD may become available soon. In 
the meantime, the unsafe condition still exists, and the emergency AD 
is hereby published in the Federal Register as an amendment to 14 CFR 
39.13 to make it effective to all persons. This published version of 
the AD is identical to the version issued on October 30, 2001 except 
that the citation in paragraph (b) for recording compliance with the 
pilot check is corrected to read 91.417(a)(2)(v) instead of the non-
existent 91.147(a)(2)(v) cited in the October 30, 2001 version of this 
AD.
    We estimate that 2 helicopters of U.S. registry will be affected by 
this AD, that it will take approximately 4 work hours per helicopter to 
accomplish the required actions, and the average labor rate is $60 per 
work hour. The manufacturer has indicated that the cost of any 
replacement blade will be given pro-rata warranty credit. Based on 
these figures, the total cost impact of the AD on U.S. operators is 
estimated to be $480, assuming 100% warranty credit for any replacement 
blades.

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-55-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:

2001-22-51  Agusta S.p.A: Amendment 39-12552. Docket No. 2001-SW-55-
AD.

    Applicability: Model A119 helicopters, with a tail rotor blade 
(blade), part number 109-8132-01-107, 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 (g) 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) Remove any blade on or before accumulating 50 hours time-in-
service (TIS).
    (b) Before each flight, visually check both sides of each blade 
for a crack. 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 helicopter maintenance 
records in accordance with 14 CFR 43.11 and 91.417(a)(2)(v).
    (c) Within 10 hours TIS and thereafter at intervals not to 
exceed 10 hours TIS or before the next flight after any abnormal 
increase in the vibratory level of the helicopter, inspect each 
blade for a crack using a 5-power or higher magnifying glass in 
accordance with the Compliance Instructions, Part II, paragraphs 1 
through 6, of Agusta Bollettino Tecnico No. 119-1, Revision A, dated 
August 22, 2001 (ABT).
    (d) 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, paragraphs 1 
through 4.5, of the ABT.
    (e) Before further flight, remove any blade in which a crack is 
found.
    (f) This AD revises the Limitations section of the maintenance 
manual by establishing a 50-hour life limit for each blade, P/N 109-
8132-01-107.
    (g) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be

[[Page 63623]]

used if approved by the Manager, Regulations Group, 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.

    (h) Special flight permits will not be issued.
    (i) The inspections shall be done in accordance with the 
Compliance Instructions, Part II, paragraphs 1 through 6 and Part 
III, paragraphs 1 through 4.5, of Agusta Bollettino Tecnico No. 119-
1, Revision A, dated August 22, 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; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.
    (j) This amendment becomes effective on December 26, 2001, to 
all persons except those persons to whom it was made immediately 
effective by Emergency AD 2001-22-51, issued October 30, 2001, which 
contained the requirements of this amendment.

    Note 3: The subject of this AD is addressed in Ente Nazionale 
per l'Aviazione Civile (Italy) ADs 2001-124, dated March 30, 2001; 
2001-348, dated August 20, 2001; and 2001-374, dated August 29, 
2001.


    Issued in Fort Worth, Texas, on November 27, 2001.
Eric Bries,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 01-30211 Filed 12-7-01; 8:45 am]
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