[Federal Register Volume 68, Number 250 (Wednesday, December 31, 2003)]
[Rules and Regulations]
[Pages 75394-75396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31849]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-SW-36-AD; Amendment 39-13401; AD 2003-26-04]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model A109E Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
Agusta S.p.A. (Agusta) Model A109E helicopters. This action requires 
certain inspections of the rod-end of the main rotor head damper for 
freedom of movement, and depending on the torque required to move the 
rod-end, either further inspection for a crack or replacing the rod-
end. This amendment is prompted by reports of rod-end fractures due to 
fatigue failure resulting in increased helicopter vibrations. This 
condition, if not corrected, could result in failure of the rod-end, 
extreme vibrations, and a subsequent forced landing or loss of control 
of the helicopter.

DATES: Effective January 15, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 15, 2004.
    Comments for inclusion in the Rules Docket must be received on or 
before March 1, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2003-SW-36-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 service information referenced in this AD 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: The Ente Nazionale per l'Aviazione Civile 
(ENAC), the airworthiness authority for Italy, notified the FAA that an 
unsafe condition may exist on Agusta Model A109E helicopters. The ENAC 
advises that inspections of the rod-end should be carried out as called 
for by the manufacturer's service information.
    Agusta has issued Bollettino Tecnico (BT) No. 109EP-37, dated July 
15, 2003; BT No. 109EP-37, Revision A, dated July 30, 2003; and Errata 
Corrige, dated September 2, 2003; which specify an inspection of each 
damper rod-end assembly, part number (P/N) Microtecnica 3637GR85, for 
seizure or a crack. Agusta reports rod-end fractures due to fatigue 
failure originating from the thread under cut of the rod-end resulting 
in increased helicopter vibrations. Also, during the first few hours of 
operation, the rotational torque of the spherical bearing increases 
generating additional loads on the rod-end. ENAC has classified this BT 
as mandatory and issued AD Nos. 2003-231, dated July 18, 2003, and 
2003-249, dated August 1, 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 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 
helicopters of the same type design registered in the United States. 
Therefore, this AD is being issued to prevent failure of the rod-end, 
extreme vibration, and a subsequent forced landing or loss of control 
of the helicopter. This AD requires the following:
    [sbull] Within 25 hours time-in-service (TIS), inspect the rod-end 
to determine if it can be rotated by hand.
    [sbull] If the rod-end can be rotated by hand, no further action is 
required.
    [sbull] If the rod-end cannot be rotated by hand, determine the 
torque value

[[Page 75395]]

required to rotate it by use of a torque wrench.
    [sbull] If the torque value is less than 20 Newton-meter (Nm) (177 
in-lb) within 25 hours TIS, inspect the rod-end for a crack by a 
magnetic particle inspection. If a crack is found, replace the rod-end 
assembly with an airworthy part before further flight.
    [sbull] If the torque value is 20 Nm or more, replace the rod-end 
assembly with an airworthy part before further flight.
    The actions must be done using the BT 109EP-37, Revision A, as 
amended by the Errata Corrige, 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, within 25 hours TIS, inspecting the rod-end 
to determine if it can be rotated by hand is required. If the rod-end 
cannot be rotated by hand, determining the torque value required to 
rotate the rod end and, if necessary, replacing the rod-end assembly 
with an airworthy part before further flight are required, and this AD 
must be issued immediately.
    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 this AD will affect 34 helicopters of U.S. 
registry, and the required actions will take approximately 3 work hours 
per helicopter to accomplish at an average labor rate of $65 per work 
hour. Required parts will cost approximately $450 per helicopter. Based 
on these figures, we estimate the total cost of the AD on U.S. 
operators to be $21,930 ($645 per helicopter). However, Agusta states 
in its BT that it will supply the parts at no cost and will reimburse 
up to 2.5 work hours for each terminal at a fixed rate of $40. Assuming 
the warranty coverage, the estimated total cost impact on U.S. 
operators would be $3,230 ($95 per helicopter).

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. 2003-SW-36-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:

2003-26-04 Agusta S.p.A.: Amendment 39-13401. Docket No. 2003-SW-36-
AD.

    Applicability: Model A109E helicopters, with a main rotor head 
damper, part number (P/N) 109-0111-06-103, with a rod-end assembly, 
P/N 3637GR85, with a rod-end, P/N 3637-14, installed, certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the rod-end, extreme vibrations, and a 
subsequent forced landing or loss of control of the helicopter, 
accomplish the following:
    (a) Within 25 hours time-in-service (TIS), inspect by hand the 
rod-end, P/N 3637-14, for freedom of movement around the spherical 
bearing, P/N 3637-40.
    (1) If the rod-end can be rotated by hand, no further action is 
required by this AD.
    (2) If the rod-end cannot be rotated by hand, by using a torque 
wrench, determine the torque required to rotate the rod-end around 
the spherical bearing by following the Compliance Instructions, Part 
I, paragraph 3.1, of Agusta Bollettino Tecnico No. 109EP-37, 
Revision A, dated July 30, 2003, as amended by the Errata Corrige, 
dated September 2, 2003 (BT).
    (i) If the torque value is 20 or more Newton-meter (Nm) (177 in-
lb), replace the rod-end assembly with an airworthy rod-end assembly 
containing a rod-end, P/N 3637-14, with the letters ``T'', ``R'', 
``RT'', ``TR'', or ``TRR'' after the P/N, by following the 
Compliance Instructions, paragraphs 3.3.1. through 3.3.3., of the 
BT, except you are not required to return the removed rod-end 
assembly to Agusta.
    (ii) If the torque value is less than 20 Nm, within the next 25 
hours TIS, magnetic particle inspect the rod-end for a crack by 
following the Compliance Instructions, Part II, of the BT.
    (A) If no crack is found, no further action is required by this 
AD.
    (B) If a crack is found, replace the rod-end assembly with an 
airworthy rod-end assembly containing a rod-end, P/N 3637-14 with 
the letters ``T'', ``R'', ``RT'', ``TR'', or ``TRR'' after the P/N, 
by following the Compliance Instructions, paragraphs 3.3.1. through 
3.3.3., of the BT, except you are not required to return the removed 
rod-end assembly to Agusta.

[[Page 75396]]

    (b) 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.
    (c) The inspections and replacement of the rod-end assembly must 
be done using Agusta Bollettino Tecnico No. 109EP-37, Revision A, 
dated July 30, 2003, as amended by the Errata Corrige, dated 
September 2, 2003. 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.
    (d) This amendment becomes effective on January 15, 2004.

    Note: The subject of this AD is addressed in Ente Nazionale per 
l'Aviazione Civile (Italy) AD Nos. 2003-231, dated July 18, 2003, 
and 2003-249, dated August 1, 2003.


    Issued in Fort Worth, Texas, on December 15, 2003.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-31849 Filed 12-30-03; 8:45 am]
BILLING CODE 4910-13-P