[Federal Register Volume 67, Number 215 (Wednesday, November 6, 2002)]
[Rules and Regulations]
[Pages 67510-67513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27792]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-SW-42-AD; Amendment 39-12936; AD 2002-17-51]
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) 2002-17-51, which was sent 
previously to all known U.S. owners and operators of Agusta S.p.A. 
(Agusta) helicopters by individual letters. This AD requires installing 
a placard in the helicopter and marking the airspeed indication at 140 
knots indicated airspeed (KIAS) to indicate a reduction in the 
helicopter never-exceed speed (Vne) of 28 KIAS; visually checking the 
tail roter blades on both sides for a crack before each start of the 
helicopter engines; visually inspecting the tail rotor blades with a 5x 
or higher magnifying glass at certain time intervals and anytime an 
increase in vibration occurs, and conducting a dye-penetrant inspection 
if necessary; and replacing any cracked tail rotor blade with an 
airworthy tail roter blade. The actions specified by this AD are 
intended to prevent failure of the tail roter blade and subsequent loss 
of control of the helicopter.

EFFECTIVE DATE: Effective November 21, 2002, to all persons except 
those persons to whom it was made immediately effective by Emergency AD 
2002-17-51, issued on August 19, 2002, 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 November 21, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before January 6, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2002-SW-42-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: Jim Grigg, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort Worth, 
Texas 76193-0110, telephone (817) 222-5490, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: On July 9, 2002, the FAA issued Emergency AD 
2002-14-51, Docket 2002-SW-35-AD, which applied to Agusta Model A109E 
and A119 helicopters. 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

[[Page 67511]]

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 Emergency AD, the manufacturer 
determined, and we agreed, that reducing the Vne by 28 KIAS to 140 KIAS 
is necessary to reduce the tail rotor loading. The reduction in Vne 
supports the increase in the visual inspection interval from 5 hours 
TIS to 25 hours TIS. Further, we have determined that additional 
modifications are necessary for the Agusta Model A119 helicopters that 
are not required for the Model A109E helicopters, so on August 19, 
2002, we superseded AD 2002-14-51 and issued a separate Emergency AD 
for each model. Emergency AD 2002-17-51, applicable to August Model 
A109E helicopters, requires reducing the helicopter Vne; checking and 
inspecting the tail rotor blades for cracks; and replacing any cracked 
tail rotor blades.
    The FAA has reviewed Agusta Alert Bolletino Tecnico No. 109EP-30, 
Revision A, dated July 25, 2002 (BT), which describes procedures for 
checking and inspecting both sides of the tail rotor blades, part 
number (P/N) 109-8132-01-111, for a crack and reducing the helicopter 
Vne. The Ente Nazionale per l'Aviazione Civile, the airworthiness 
authority for Italy, classified the BT as mandatory and issued AD No. 
2002-384, dated July 29, 2002, to ensure the continued airworthiness of 
this helicopter in Italy.
    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 2002-17-51 to prevent failure of the tail rotor 
blade and subsequent loss of control of the helicopter. The AD 
requires:
    [sbull] Installing a placard in the helicopter and marking the 
airspeed indication at 140 KIAS to indicate a reduction in the 
helicopter Vne of 28 KIAS before further flight;
    [sbull] Visually checking the tail rotor blades on both sides for a 
crack before each start of the helicopter engines;
    [sbull] Visually inspecting the tail rotor blades with a 5x or 
higher magnifying glass within 25 hours TIS and thereafter at intervals 
not to exceed 25 hours TIS, and anytime an increase in vibration 
occurs, and conducting a dye-penetrant inspection if you are unable to 
determine by the visual inspection whether or not there is a crack; and
    [sbull] Replacing any cracked tail rotor blade with an airworthy 
tail rotor blade before further flight.
    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; performing checks and inspections of the 
tail rotor blades for cracks; and replacing any cracked tail rotor 
blades are required before further flight, 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 August 19, 2002, 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 14 
CFR 39.13 to make it effective to all persons.
    The FAA estimates that 48 helicopters of U.S. registry will be 
affected by this AD, that it will take approximately 0.5 work hour per 
helicopter to accomplish the visual inspection, 1 work hour per 
helicopter to accomplish the dye-penetrant inspection, and 1 work hour 
per helicopter to replace the tail rotor blade, if necessary. The 
average labor rate is $60 per work hour. Required parts will cost 
approximately $9,765 per tail rotor blade. Based on these figures, the 
total cost impact of the AD on U.S. operators is estimated to be 
$506,160 per year, assuming, for each helicopter, 24 visual 
inspections, 1 tail rotor blade replacement, and no dye-penetrant 
inspections. The manufacturer states in its BT that they will provide 
the replacement blades at no cost to the owner/operator.

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-42-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.

[[Page 67512]]

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:

2002-17-51 Augusta S.p.A.: Amendment 39-12936. Docket No. 2002-SW-
42-AD. Supersedes Emergency AD 2002-14-51, Docket No. 2002-SW-35-AD.

    Applicability: Model A109E helicopters, with tail rotor blade, 
part number 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 (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 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 140 knots indicated airspeed 
(KIAS) to indicate a reduction in the helicopter never exceed speed 
(Vne) of 28 KIAS in accordance with the Compliance Instructions, 
Part I, of Agusta Alert Bollettino Tecnico No. 109EP-30, Revision A, 
dated July 25, 2002 (BT).
    (b) Before each start of the helicopter engines, visually check 
both sides of each tail rotor blade for a crack in the area depicted 
in Figure 1 of this AD. And 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(d)(2)(v). See 
Figure 1:
[GRAPHIC] [TIFF OMITTED] TR06NO02.032


    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 anytime there is an 
increase in vibration levels, using a 5x or higher magnifying glass, 
visually inspect each tail rotor blade for a crack before further 
flight 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) 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

[[Page 67513]]

compliance with this AD, if any, may be obtained from the 
Regulations Group.

    (f) Special flight permits will not be issued.
    (g) Installing the placard and inspecting for cracks shall be 
done in accordance with the Compliance Instructions, Part I and Part 
III, paragraphs 1 through 6, of Agusta Alert Bollettino Tecnico No. 
109EP-30, Revision A, dated July 25, 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.
    (h) This amendment becomes effective on November 21, 2002, to 
all persons except those persons to whom it was made immediately 
effective by Emergency AD 2002-17-51, issued August 19, 2002, which 
contained the requirements of this amendment.

    Note 4: The subject of this AD is addressed in Ente Nazionale 
per l'Aviazione Civile (Italy) AD No. 2002-384, dated July 29, 2002.


    Issued in Fort Worth, Texas, on October 17, 2002.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 02-27792 Filed 11-5-02; 8:45 am]
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