[Federal Register Volume 67, Number 200 (Wednesday, October 16, 2002)]
[Rules and Regulations]
[Pages 63817-63820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26071]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-SW-46-AD; Amendment 39-12910; AD 2002-21-04]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model A119 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: This amendment supersedes an existing emergency airworthiness 
directive (EAD) for Agusta S.p.A. (Agusta) Model A119 helicopters. EAD 
2002-17-52, which was issued on August 21, 2002, was sent to all known 
U.S. owners and operators of Agusta Model A119 helicopters by 
individual letters. That AD currently requires installing a placard in 
the helicopter and marking the airspeed indication at 132 knots 
indicated airspeed (KIAS) before further flight; visually checking the 
tail rotor blades on both sides for a crack before each start of the 
helicopter engine; visually inspecting the tail rotor blades with a 5x 
or higher magnifying glass and conducting a dye-penetrant inspection if 
you are unable to determine by the visual inspection

[[Page 63818]]

whether or not there is a crack; replacing any cracked tail rotor 
blade; modifying the tail rotor hub and blade assembly, reidentifying 
the modified tail rotor hub and grips assembly and the modified tail 
rotor hub and blade assembly, which is a terminating action for the 
never-exceed speed (Vne) reduction; and establishing a retirement life 
for the tail rotor control rod. This amendment requires the same 
actions as that EAD, but corrects the airspeed indication marking, 
which should have been stated as 122 KIAS instead of 132 KIAS. This 
amendment is prompted by the failure of a tail rotor blade due to a 
fatigue crack. The actions specified by this AD are intended to prevent 
failure of the tail rotor blade and subsequent loss of control of the 
helicopter.

DATES: Effective October 31, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 31, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before December 16, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2002-SW-46-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 July 9, 2002, the FAA issued Emergency AD 
2002-14-51, Docket No. 2002-SW-35-AD, which applied to Agusta Model 
A109E and A119 helicopters with tail rotor blade, part number (P/N) 
109-8132-01-111, installed. That AD required, before each flight, 
visually checking each tail rotor blade on both sides for a crack. That 
AD also required, within 5 hours TIS and thereafter at intervals not to 
exceed 5 hours TIS, inspecting each tail rotor blade for a crack with a 
5x or higher magnifying glass. If you were unable to determine by the 
visual inspection whether there was a crack, the AD required conducting 
a dye-penetrant inspection. Replacing any cracked tail rotor blade with 
an airworthy blade was also required before further flight. After 
issuance of that EAD, the manufacturer determined, and we agreed, that 
reducing the Vne to 122 KIAS is necessary to reduce the tail rotor 
loading until the tail rotor hub and blade assembly, P/N 109-8131-02-
149, is modified and reidentified as P/N 109-8131-02-155. Further, we 
determined that additional tail rotor hub and blades assembly 
modifications were necessary for the Agusta Model A119 helicopters that 
are not required for the Model A109E helicopters, so we superseded AD 
2002-14-51 and issued a separate AD for each model. EAD 2002-17-52, 
issued on August 21, 2002, is applicable to Agusta Model A119 
helicopters. That EAD requires reducing the helicopter Vne; checking 
and inspecting the tail rotor blades for cracks; replacing any cracked 
tail rotor blades; modifying and reidentifying certain assemblies; and 
establishing a retirement life for the tail rotor control rod.
    Since the issuance of EAD 2002-17-52, we have determined that we 
incorrectly stated the KIAS that should be marked on the helicopter 
airspeed indicator. The EAD stated that the airspeed indication should 
be marked at 132 KIAS; it should be marked at 122 KIAS.
    The FAA has reviewed Agusta Alert Bollettino Tecnico No. 119-6, 
Revision A, dated July 12, 2002 (BT), which describes procedures for 
checking and inspecting both sides of the tail rotor blades, P/N 109-
8132-01-111, for a crack, reducing the helicopter Vne, modifying the 
tail rotor hub and blade assembly, and establishing a retirement life 
for the tail rotor control rod. The Ente Nazionale per l'Aviazione 
Civile (ENAC), which is the airworthiness authority for Italy, 
classified the BT as mandatory and issued AD No. 2002-367, dated July 
16, 2002, 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 agreement. Pursuant to the 
applicable bilateral 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 an unsafe condition has been identified that is likely to 
exist or develop on other Agusta Model A119 helicopters of the same 
type design, this AD supersedes EAD 2002-17-52 to require reducing the 
helicopter Vne; checking and inspecting the tail rotor blades for 
cracks; replacing any cracked tail rotor blades; modifying and 
reidentifying certain assemblies; and establishing a retirement life 
for the tail rotor control rod. The actions must be accomplished in 
accordance with the BT described previously. The short compliance time 
involved is required because the previously described critical unsafe 
condition can adversely affect the controllability of the helicopter. 
Therefore reducing the helicopter Vne; checking and inspecting the tail 
rotor blades for cracks; replacing any cracked tail rotor blades; 
modifying and reidentifying certain assemblies; and establishing a 
retirement life for the tail rotor control rod are required before 
further flight, and this AD must be issued immediately.
    An owner/operator (pilot) may perform the visual check required by 
paragraph (b) of this AD and must enter compliance with that paragraph 
into the helicopter maintenance records in accordance with 14 CFR 46.11 
and 91.417(a)(2)(v). A pilot may perform this check because it involves 
only a visual check for a crack in the tail rotor 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 5 helicopters of U.S. registry will be 
affected by this AD. It will take approximately 1 work hour to install 
a placard on each helicopter, 0.5 work hour to perform each enhanced 
visual inspection, 1 work hour to perform each dye-penetrant 
inspection, 1 work hour to replace a blade, if necessary, and 6 work 
hours to replace both grip and bushing assemblies. The average labor 
rate is $60 per work hour. Required parts will cost approximately 
$9,765 per blade, if necessary, and $9,830 for each grip and bushing 
assembly. The manufacturer states in its BT that they will provide a 
new grip and bushing assembly to customers at no charge. Based on these 
figures, the total cost impact of the AD on U.S. operators is estimated 
to be $81,685 per year, assuming that each

[[Page 63819]]

helicopter, per year, flies 600 hours, gets 24 enhanced inspections, 
gets 24 dye-penetrant inspections, requires one blade replacement, and 
has both new grip and bushing assemblies installed.

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. 2002-SW-46-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 
(AD) to read as follows:

2002-21-04 Agusta S.p.A.: Amendment 39-12910. Docket No. 2002-SW-46-
AD. Supersedes Emergency AD 2002-17-52, Docket No. 2002-SW-43-AD and 
EAD 2002-14-51, Docket No. 2002-SW-35-AD.

    Applicability: Model A119 helicopters with hub and tail rotor 
blades assembly, part number (P/N) 109-8131-02-149, or tail rotor 
blades, P/N 109-8132-01-111, 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 (i) 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 the tail rotor blade and subsequent loss 
of control of the helicopter, accomplish the following:
    (a) Before further flight, install a placard in the helicopter 
and mark the airspeed indicator at 122 knots indicated airspeed 
(KIAS) to indicate a reduction in the helicopter never exceed speed 
(Vne) by 30 KIAS. Make and install the placard in accordance with 
the Compliance Instructions, Part I, of Agusta Alert Bollettino 
Tecnico No. 119-6, Revision A, dated July 12, 2002 (BT). On the 
glass of the airspeed indicator, apply a red mark over the value of 
122 KIAS.
    (b) Before each start of the helicopter engine, visually check 
both sides of each tail rotor blade for a crack in the area depicted 
in Figure 1 of this AD. An owner/operator (pilot) holding at least a 
private pilot certificate may perform this visual check and must 
enter compliance with this paragraph into the aircraft maintenance 
records in accordance with 14 CFR 43.11 and 91.417(a)(2)(v). See 
Figure 1:

[[Page 63820]]

[GRAPHIC] [TIFF OMITTED] TR16OC02.010


    Note 2: Paint irregularities on the tail rotor blade may be due 
to a crack.

    (c) Within 25 hours time-in-service (TIS), and thereafter at 
intervals not to exceed 25 hours TIS, and any time an increase in 
vibration levels occur, using a 5x or higher magnifying glass, 
visually inspect each tail rotor blade for a crack in accordance 
with the Compliance Instructions, Part III, paragraphs 1. through 
5., of the BT. Reporting to Agusta Service Engineering is not 
required. If you are unable to determine by the visual inspection 
whether there is a crack, dye penetrant inspect the tail rotor blade 
for a crack in accordance with the Compliance Instructions, Part 
III, paragraph 6., of the BT.
    (d) Replace any cracked tail rotor blade with an airworthy blade 
before further flight.
    (e) Not later than October 30, 2002, in accordance with the 
Compliance Instructions, Part IV, and Figure 2 of the BT:
    (1) Install a new grip and bushing assembly, P/N 109-8131-02-
147, into tail rotor hub and blade assembly, P/N 109-8131-02-149;
    (2) Reidentify the modified tail rotor hub and grips assembly, 
P/N 109-8131-02-141, as P/N 109-8132-01-153; and
    (3) Reidentify the modified tail rotor hub and blade assembly, 
P/N 109-8131-02-149, as P/N 109-8131-02-155.
    Returning the grips to the manufacturer is not required by this 
AD.
    (f) After completing the actions required by paragraph (e) of 
this AD, remove the Vne placard and the airspeed indicator marking 
at 122 KIAS that were installed in accordance with paragraph (a) of 
this AD. Modifying and reidentifying the parts as required by 
paragraph (e) of this AD is terminating actions for the requirements 
of paragraph (a) of this AD and restores the original Vne.
    (g) After completing the actions required by paragraph (e) of 
this AD, establish a retirement life of 1,000 hours TIS for tail 
rotor control rod, P/N 109-0135-02-101.
    (h) After completing the actions required by paragraph (e) of 
this AD, revise the helicopter Airworthiness Limitations Section of 
the Agusta Model A119 helicopter maintenance manual by inserting a 
1,000 hour TIS retirement life for each tail rotor control rod, P/N 
109-0135-02-101.
    (i) 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.

    (j) Special flight permits will not be issued.
    (k) Installing the placard, inspecting for cracks, modifying and 
reidentifying the tail rotor hub and blade assembly, and 
reidentifying the tail rotor hub and grip assembly shall be done in 
accordance with the Compliance Instructions, Part I, Part III, 
paragraphs 1 through 6, and Part IV, of Agusta Alert Bollettino 
Tecnico No. 119-6, Revision A, dated July 12, 2002. 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 76137; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.
    (l) This amendment becomes effective on October 31, 2002.

    Note 4: The subject of this AD is addressed in Ente Nazionale 
per l'Aviazione Civile (Italy) AD No. 2002-367, dated July 16, 2002.



    Issued in Fort Worth, Texas, on October 8, 2002.
Larry M. Kelly,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-26071 Filed 10-15-02; 8:45 am]
BILLING CODE 4910-13-P