[Federal Register Volume 68, Number 123 (Thursday, June 26, 2003)]
[Rules and Regulations]
[Pages 37957-37960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15447]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-26-AD; Amendment 39-13198; AD 2003-12-13]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model A109K2 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) for

[[Page 37958]]

Agusta S.p.A (Agusta) Model A109K2 helicopters. This action requires a 
visual check of each tail rotor blade (blade) for a crack; a visual 
inspection of each blade for a crack at specified intervals; and if 
necessary, a dye-penetrant inspection. Replacing any cracked blade with 
an airworthy blade before further flight is also required. This 
amendment is prompted by a report of a crack that occurred on an Agusta 
Model A109K2 blade. The actions specified in this AD are intended to 
detect fatigue cracks on the blades, which could result in loss of the 
blades and loss of control of the helicopter.

DATES: Effective July 11, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 11, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before August 25, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2003-SW-26-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]. 
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: The Ente Nazionale per l'Aviazione Civile 
(ENAC), the airworthiness authority for Italy, notified the FAA that an 
unsafe condition may exist on Agusta A 109K2 helicopters. ENAC advises 
that checks/inspections are required to verify the presence of cracks 
on the blades, part number (P/N) 109-8132-01-107.
    Agusta has issued Alert Bollettino Tecnico No. 109K-35, dated May 
13, 2003 (ABT), which specifies checks/inspections to verify the 
possible presence of cracks on the upper and lower surfaces of blades 
having accumulated 1,500 or more operating hours. ENAC classified this 
ABT as mandatory and issued AD N.2003-169, dated May 16, 2003, 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 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.
    This unsafe condition is likely to exist or develop on other Agusta 
Model A109K2 helicopters of the same type design registered in the 
United States. Therefore, this AD is being issued to detect fatigue 
cracks on the blades, which could result in loss of the blades and loss 
of control of the helicopter. This AD requires:
    [sbull] Visually checking the upper and lower surfaces of the 
blades for cracks prior to each start of the helicopter engines.
    [sbull] Visually inspecting the blades using a 5x or higher 
magnifying glass before the first flight of each day, and thereafter at 
intervals not to exceed 5 hours time-in-service (TIS), and anytime an 
increase in vibration levels occurs.
    [sbull] Inspecting the blades using a dye-penetrant method after 
each of the visual inspections in which you used a 5x or higher 
magnifying glass if you are unable to determine by the visual 
inspection whether there is a crack.
    [sbull] Replacing any cracked blade with an airworthy blade before 
further flight. The actions must be done 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 visual checks, visual inspections, dye-
penetrant inspections, if necessary, and replacing any cracked blade 
are required before further flight or within 5 hours TIS, as indicated, 
and this AD must be issued immediately.
    The visual check required by paragraph (a) of this AD may be 
performed by an owner/operator (pilot) holding at least a private pilot 
certificate, but must be entered into the aircraft records showing 
compliance 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 a surface of the blade, and can be performed 
equally well by a pilot or a mechanic.
    The unsafe condition described previously is likely to exist or 
develop on other helicopters of the same type design registered in the 
United States. Therefore, this AD is being issued to detect a fatigue 
crack on the blades, which could result in loss of the blades and loss 
of control of the helicopter.
    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's AD system. The 
regulation now includes material that relates to altered products, 
special flight permits, and alternative methods of compliance. Because 
we have now included this material in part 39, we no longer need to 
include it in each individual AD.
    The FAA estimates that this AD will affect 5 helicopters, and the 
inspections and replacement will take approximately 2.5 work hours to 
accomplish at an average labor rate of $60 per work hour. Required 
parts will cost approximately $20,000 per helicopter. Based on these 
figures, the total estimated cost impact of the AD on U.S. operators is 
$100,750, assuming all blades are replaced one time.

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

[[Page 37959]]

rule must submit a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. 2003-SW-26-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

0
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

0
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]

0
2. Section 39.13 is amended by adding a new airworthiness directive to 
read as follows:

2003-12-13 Agusta S.p.A.: Amendment 39-13198. Docket No. 2003-SW-26-
AD.

    Applicability: Model A109K2 helicopters with tail rotor blades 
(blades), part number (P/N) 109-8132-01-107, having 1,500 or more 
hours time-in-service (TIS), installed, certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect a fatigue crack on the blades, which could result in 
loss of the blades and loss of control of the helicopter, accomplish 
the following:
    (a) Before each start of the helicopter engines, visually check 
the upper and lower surfaces of each 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 check, but 
must enter compliance with this paragraph into the aircraft records 
in accordance with 14 CFR sections 43.11 and 91.417(a)(2)(v). See 
Figure 1:
[GRAPHIC] [TIFF OMITTED] TR26JN03.000


    Note 1: Paint irregularities on the blade may be due to a crack.

    (b) Before the first flight of each day, and thereafter at 
intervals not to exceed 5 hours TIS, and anytime an increase in 
vibration levels occurs, inspect each blade for a crack using a 5x 
or higher magnifying glass in accordance with Part II of the 
Compliance Instructions of Alert Bollettino Tecnico No. 109K-35, 
dated May 13, 2003 (ABT) and Figure 1 of this AD.
    (c) After each visual inspection using a 5x or higher magnifying 
glass and before further flight, if you are unable to determine by 
the visual inspection whether there is a crack, inspect each blade 
for a crack using a dye-penetrant method in accordance with Part II 
of the Compliance Instructions of the ABT and Figure 1 of this AD.
    (d) If a crack is found, replace each cracked blade with an 
airworthy blade before further flight.
    (e) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Contact the Safety Management Group, Rotorcraft Directorate, FAA, 
for information about previously approved alternative methods of 
compliance.
    (f) Special flight permits will not be issued.

[[Page 37960]]

    (g) The inspections and replacements, if necessary, shall be 
done in accordance with Agusta Alert Bollettino Tecnico No. 109K-35, 
dated May 13, 2003, except reporting findings of cracks to Agusta 
Service Engineering is not required. 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 July 11, 2003.

    Note 2: The subject of this AD is addressed in Ente Nazionale 
per l'Aviazione Civile (Italy) AD N.2003-169, dated May 16, 2003.


    Issued in Fort Worth, Texas, on June 11, 2003.
Jerald E. Strentz,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-15447 Filed 6-25-03; 8:45 am]
BILLING CODE 4910-13-U