[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Rules and Regulations]
[Pages 9504-9508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4478]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-SW-55-AD; Amendment 39-13060; AD 2002-25-51]
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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[[Page 9505]]

SUMMARY: This document publishes in the Federal Register an amendment 
adopting Emergency Airworthiness Directive (EAD) 2002-25-51, sent 
previously to all known U.S. owners and operators of the specified 
Agusta S.p.A. (Agusta) helicopters by individual letters. This 
Airworthiness Directive (AD) requires reducing the tail rotor (T/R) 
blade life limit and modifying and re-identifying the T/R hub and grip 
assembly. It also clarifies the never-exceed speed (Vne) restrictions 
and modifies the T/R visual inspection intervals. The actions specified 
by this AD are intended to prevent fatigue failure of the T/R blade and 
subsequent loss of control of the helicopter.

DATES: Effective March 17, 2003, to all persons except those persons to 
whom it was made immediately effective by EAD 2002-25-51, issued on 
December 17, 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 March 17, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before April 29, 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-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: 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 October 17, 2002, the FAA issued AD 2002-
17-51 (67 FR 67510, November 6, 2002), that superseded Emergency AD 
2002-14-51, issued on July 9, 2002. AD 2002-17-51 imposed a Vne of 140 
KIAS. That AD also required visually checking the T/R blades on both 
sides for a crack before each start of the helicopter engines; visually 
inspecting the T/R blades with a 5x or higher magnifying glass at 25 
hour time-in-service (TIS) intervals and any time an increase in 
vibration occurs; and conducting a dye-penetrant inspection, if 
necessary; and replacing any cracked T/R blade with an airworthy T/R 
blade. Since issuing that AD, analysis and tests have shown that the 
fatigue failure of the T/R blades was caused by unanticipated loads on 
the T/R blades. The manufacturer has redesigned the T/R grip bushings 
to reduce these loads; therefore, on December 17, 2002, the FAA issued 
EAD 2002-25-51 to required modifying the T/R hub and grip assembly with 
the new bushings by May 31, 2003. Until the T/R grip assembly is 
modified, the life limit of the T/R blades is reduced to 200 hours TIS. 
That action was prompted by the failure of a T/R blade that resulted in 
a forced autorotative landing. The failure, which occurred on June 12, 
2002, was determined to be caused by fatigue. This significant 
reduction in the service life of the T/R blades creates an unsafe 
condition. This condition, if not corrected, could result in fatigue 
failure of the T/R blade and subsequent loss of control of the 
helicopter.
    The FAA has reviewed Agusta Alert Bollettino Tecnico 109EP-30, 
Revision B, dated November 27, 2002 (ABT), which maintains the visual 
check for cracks, the 5-hour TIS inspections with a magnifying glass, 
establishes a new life limit for the T/R blades, clarifies the Vne 
restrictions, modifies the T/R inspection intervals, and describes 
procedures for modifying and re-identifying the T/R hub and grip 
assembly by replacing T/R grip bushings (bushings), part number (P/N) 
109-8131-29-101. Modifying and re-identifying the T/R hub and grip 
assembly restores the T/R blade life limits and cancels the Vne 
limitations.
    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 EAD 2002-25-51 to prevent fatigue failure of the T/R blade 
and subsequent loss of control of the helicopter. The AD requires the 
following:
    Applicability A: Agusta Model A109E helicopters with T/R hub and 
blade assembly, P/N 109-8131-02-151.
    [sbull] Before further flight, placarding the helicopter and 
marking the airspeed indicator to reduce the helicopter Vne by 28 KIAS 
in addition to any reduction in Vne caused by optional equipment 
installation.
    [sbull] Before each start of aircraft engines, visually checking 
each T/R blade for a crack.
    [sbull] Within 5 hours TIS, and thereafter at intervals not to 
exceed 5 hours TIS, visually inspecting the T/R blade for a crack using 
a 5x or higher magnifying glass. If in doubt as to the existence of a 
crack, dye-penetrant inspect the T/R blades for a crack.
    [sbull] Before further flight, replacing any unairworthy T/R blade 
with an airworthy T/R blade.
    [sbull] Establishing a new life limit on the T/R blade, P/N 109-
8132-01-111, of 200 hours TIS.
    [sbull] Within 10 hours TIS, for helicopters having T/R blades with 
190 hours TIS or more, replacing the blades.
    [sbull] On or before May 31, 2003, modifying the T/R hub and grip 
assembly. Modifying and re-identifying the T/R hub assembly removes the 
Vne restrictions imposed, restores the T/R blades life limit to 1,000 
hours TIS, and changes the AD requirements for the helicopter from 
Applicability A to Applicability B.
    Applicability B: Agusta Model A109E helicopters, with T/R hub and 
blade assembly, P/N 109-8131-02-157.
    [sbull] Before each start of the helicopter engines, visually 
checking the T/R blade for a crack.
    [sbull] Within 25 hours TIS, and thereafter at intervals not to 
exceed 25 hours TIS, visually inspecting the T/R blade for a crack 
using a 5x or higher magnifying glass. If in doubt as to the existence 
of a crack, dye-penetrant inspect the T/R blades for a crack.
    [sbull] Before further flight, replace any unairworthy T/R blade 
with an airworthy T/R blade.
    [sbull] Before accumulating 150 hours TIS on the T/R hub assembly, 
P/N 109-8131-02-159, and thereafter at intervals not to exceed 150 
hours TIS, inspect the bushings, P/N 109-8131-30-109. Replace any 
unairworthy bushing with an airworthy bushing.
    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 previously stated actions are required 
before further flight and 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

[[Page 9506]]

effective immediately by individual letters issued on December 17, 
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:
    [sbull] 1 work hour to placard each helicopter;
    [sbull] 0.5 work hour to visually inspect the T/R blades;
    [sbull] 1.0 work hour to dye-penetrant inspect the T/R blades;
    [sbull] 7 work hours to inspect the T/R grip bushing;
    [sbull] 2.0 work hours to replace each set of T/R blades; and
    [sbull] 16 work hours to modify the T/R grips.
    The average labor rate is $60 per work hour. Required parts will 
cost approximately $58,690 per helicopter. Based on these figures, the 
total cost impact of the AD on U.S. operators is estimated to be 
$3,005,760, assuming for each helicopter, five T/R blade visual 
inspections, five dye-penetrant inspections, and five bushing 
inspections.

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-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:

2002-25-51 Agusta S.p.A (Agusta): Docket No. 2002-SW-55-AD. 
Supersedes AD 2002-17-51, Amendment 39-12936, Docket No. 2002-SW-42-
AD.

    Applicability A: Model A109E helicopters with tail rotor (T/R) 
hub and blade assembly, part number (P/N) 109-8131-02-151 (the T/R 
hub and blade assembly consists of two T/R blades, P/N 109-8132-01-
111, and T/R hub and grip assembly, P/N 109-8131-02-127), 
certificated in any category.
    Applicability B: Model A109E helicopters with T/R hub and blade 
assembly, P/N 109-8131-02-157 (the T/R hub and blade assembly 
consists of two T/R blades, P/N 109-8132-01-111, and T/R hub and 
grip assembly, P/N 109-8131-02-159), 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 (n) 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 fatigue failure of the T/R blade and subsequent loss 
of control of the helicopter, accomplish the following:

Applicability A

    (a) Before further flight, placard the helicopter and mark the 
airspeed indicator to reduce the helicopter never-exceed speed (Vne) 
by 28 KIAS in addition to any reduction in Vne caused by optional 
equipment installation, in accordance with the Compliance 
Instructions, Part I, paragraph 1 of Agusta Alert Bollettino Tecnico 
109EP-30, Revision B, dated November 27, 2002 (ABT).
    (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. 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 9507]]

[GRAPHIC] [TIFF OMITTED] TR28FE03.000

    (c) Within 5 hours time-in-service (TIS), and thereafter at 
intervals not to exceed 5 hours TIS, and before further flight any 
time there is an increase in vibration levels:
    (1) Using a 5x or higher magnifying glass, visually inspect each 
T/R blade for a crack in accordance with the Compliance 
Instructions, Part III, paragraphs 1. through 5., of the ABT. 
Reporting to Agusta Service Engineering is not required.
    (2) If you are unable to determine by the visual inspection 
whether there is a crack, dye-penetrant inspect the T/R blade for a 
crack in accordance with the Compliance Instructions, Part III, 
paragraph 6., of the ABT.
    (d) Before further flight, replace any unairworthy T/R blade 
with an airworthy blade.
    (e) This AD establishes a new life limit on the T/R blade, P/N 
109-8132-01-111, of 200 hours TIS.
    (f) Within 10 hours TIS, for helicopters having T/R blades with 
190 hours TIS or more, replace the T/R blades with airworthy blades.
    (g) On or before May 31, 2003, modify the T/R hub and grip 
assembly in accordance with the Compliance Instructions, Part V, of 
the ABT. Neither returning the removed blades nor the grips and 
bushings to the manufacturer is required. Modifying the T/R hub and 
grip assembly removes the Vne restrictions imposed, restores the T/R 
blades' life limit to 1,000 hours TIS, and changes the AD 
requirements for the helicopter from Applicability A to 
Applicability B.

Applicability B

    (h) 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. 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.
    (i) Within 25 hours TIS, and thereafter at intervals not to 
exceed 25 hours TIS, and before further flight any time there is an 
increase in vibration levels:
    (1) Using a 5x or higher magnifying glass, visually inspect each 
T/R blade for a crack in accordance with the Compliance 
Instructions, Part III, paragraphs 1. through 5. of the ABT. 
Reporting to Agusta Service Engineering is not required.
    (2) If you are unable to determine by the visual inspection 
whether there is a crack, dye-penetrant inspect the T/R blade for a 
crack in accordance with the Compliance Instructions, Part III, 
paragraph 6., of the ABT.
    (j) Before further flight, replace any unairworthy T/R blade 
with an airworthy blade.
    (k) On or before accumulating 150 hours TIS on the T/R hub and 
grip assembly, P/N 109-8131-02-159, and thereafter at intervals not 
to exceed 150 hours TIS, inspect the bushings', P/N 109-8131-30-109, 
linings for wear in accordance with Part VI of the ABT. Replace any 
unairworthy bushing with an airworthy bushing.
    (l) This AD revises the helicopter Airworthiness Limitations 
section of the maintenance manual by establishing a new retirement 
life for the T/R blade of 200 hours TIS and, after modifying the T/R 
hub and grip assembly, restores the retirement life to 1,000 hours 
TIS.
    (m) T/R blades, P/N 109-8132-01-111, which have been operated as 
part of the T/R hub and blade assembly, P/N 109-8131-02-151, are 
considered unairworthy components of the T/R hub and blade assembly, 
P/N 109-8131-02-157, regardless of TIS.
    (n) 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, 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.
    (o) Special flight permits will not be issued.
    (p) The placarding and marking the airspeed indicator, 
inspecting the T/R blade and bushing, and modifying the T/R hub and 
grip assembly shall be done in accordance with the Compliance 
Instructions in Agusta Alert Bollettino Tecnico 109EP-30, Revision 
B, dated November 27, 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; 
or at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.

[[Page 9508]]

    (q) This amendment becomes effective on March 17, 2003, to all 
persons except those persons to whom it was made immediately 
effective by Emergency AD 2002-25-51, issued December 17, 2002, 
which contained the requirements of this amendment.

    Note 2: The subject of this AD is addressed in Ente Nazionale 
per l'Aviazione Civile, Italy, AD No. 2002-592, dated November 28, 
2002.


    Issued in Fort Worth, Texas, on February 14, 2003.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-4478 Filed 2-27-03; 8:45 am]
BILLING CODE 4910-13-P