[Federal Register Volume 69, Number 147 (Monday, August 2, 2004)]
[Rules and Regulations]
[Pages 46096-46098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17369]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-SW-14-AD; Amendment 39-13755; AD 2004-15-21]
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 
Agusta S.p.A. (Agusta) Model A109K2 helicopters. This action requires 
dye-penetrant inspecting the tail rotor trunnion (trunnion) assembly 
for a crack at specified intervals, replacing any cracked trunnion with 
an airworthy trunnion, and reporting any failed trunnion. This 
amendment is prompted by the report of an accident involving a tail 
rotor hub and blade assembly separating from the helicopter due to

[[Page 46097]]

fatigue failure of the trunnion. The cause for the crack in the 
trunnion has not been determined and is still under investigation. This 
condition, if not detected, could result in failure of the trunnion, 
loss of the tail rotor hub and blade assembly, and subsequent loss of 
control of the helicopter.

DATES: Effective August 17, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 17, 2004.
    Comments for inclusion in the Rules Docket must be received on or 
before October 1, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 2004-SW-14-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 National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_-register/code--of--
federal--regulations/ibr--locations.html

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: This amendment adopts a new AD for Agusta 
Model A109K2 helicopters. This action requires dye-penetrant inspecting 
the trunnion assembly for a crack at specified intervals, replacing any 
cracked trunnion with an airworthy trunnion, and reporting any cracked 
trunnion. This amendment is prompted by the report of an accident 
involving a tail rotor hub and blade assembly separating from the 
helicopter due to fatigue failure of the trunnion. This condition, if 
not detected, could result in failure of the trunnion, loss of the tail 
rotor hub and blade assembly, and subsequent loss of control of the 
helicopter.
    Ente Nazionale per l'Aviazione Civile (ENAC), the airworthiness 
authority for Italy, notified the FAA that an unsafe condition may 
exist on Agusta Model A109K2 helicopters with trunnion assembly, part 
number (P/N) 109-0131-05 (all dashes), installed. ENAC advises of the 
need to carry out checks and inspections of the cracked trunnion 
assembly as specified in the manufacturer's technical bulletin.
    Agusta issued Alert Bollettino Tecnico No. 109K-37, dated February 
13, 2004 (ABT). The ABT specifies inspecting the trunnion assembly, P/N 
109-0131-05 (all dashes), for a crack within either 10 or 150 operating 
hours depending on the accumulated operating hours and subsequently 
every 150 operating hours. ENAC classified this ABT as mandatory and 
issued AD No 2004-068, dated February 18, 2004, 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 trunnion 
and subsequent loss of control of the helicopter. This AD requires:
     Dye-penetrant inspecting the trunnion, P/N 109-0131-05 
(all dash numbers):
     With 150 or more hours time-in-service (TIS), within the 
next 10 hours TIS; and
     With less than 150 hours TIS, at 150 hours TIS; and
     Thereafter, at intervals not to exceed 150 hours TIS.
     Replacing any cracked trunnion with an airworthy trunnion 
before further flight.
     Reporting information about any cracked trunnion to 
Richard Monschke, Aviation Safety Engineer, FAA, Rotorcraft 
Directorate, Rotorcraft Standards Staff, Fort Worth, Texas 76193-0110, 
telephone (817) 222-5116, fax (817) 222-5961.
    The cause for the crack in the trunnion has not been determined and 
is still under investigation. Therefore, the initial dye-penetrant 
inspection of the trunnion for a crack is required within the next 10 
hours TIS, a very short compliance time interval. Additionally, based 
on the TIS utilization rate of these model helicopters, the 150-hour 
constitutes a very short compliance time. Therefore, the initial and 
repetitive inspections are deemed necessary as an emergency action to 
control the hazard until the cause of the cracks are identified because 
the previously described critical unsafe condition can adversely affect 
the controllability and structural integrity of the helicopter. Hence, 
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 4 helicopters;
     Take about 8 work hours at an average labor rate of $65 
per work hour for 4 inspections yearly;
     Cost about $200 for consumable materials per helicopter; 
and
     Cost about $2320 for a trunnion assembly and $23 for a 
lock washer, assuming a one-time replacement. However, the manufacturer 
states in the ABT that it will replace one trunnion if the trunnion is 
scrapped.
    Based on these figures, the total estimated cost impact of the AD 
on U.S. operators will be $18,492 or 9,212, assuming the manufacturer 
replaces the trunnion free as stated in the ABT.

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.

[[Page 46098]]

    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. 2004-SW-14-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:

2004-15-21 Agusta S.p.A.: Amendment 39-13755. Docket No. 2004-SW-14-
AD.

    Applicability: Model A109K2 helicopters, with tail rotor 
trunnion assembly (trunnion), part number 109-0131-05 (all dash 
numbers), installed, certificated in any category.
    Compliance: Required as indicated.
    To detect a crack and prevent fatigue failure of the trunnion, 
loss of the tail rotor hub and blade assembly, and subsequent loss 
of control of the helicopter, do the following:
    (a) Using a qualified Level II Inspector and following the 
Compliance Instructions, paragraphs 1. through 8., of Agusta 
Bollettino Tecnico No. 109K-37, dated February 13, 2004, dye 
penetrant inspect the trunnion for a crack as follows:
    (1) Unless accomplished previously, within 10 hours time-in-
service (TIS) for trunnions with 150 or more hours TIS;
    (2) Unless accomplished previously, on or before accumulating 
150 hours TIS for trunnions with less than 150 hours TIS; and
    (3) Thereafter, at intervals not to exceed 150 hours TIS.
    (b) If a crack is found, before further flight, replace the 
cracked trunnion with an airworthy trunnion before further flight.
    (1) Within 5 days, report the part number, serial number, total 
hours TIS, and a description of the crack to Richard Monschke, 
Aviation Safety Engineer, FAA, Rotorcraft Directorate, Rotorcraft 
Standards Staff, Fort Worth, Texas 76193-0110, telephone (817) 222-
5116, fax (817) 222-5961.
    (2) Information collection requirements contained in this AD 
have been approved by the Office of Management and Budget (OMB) 
under the provisions of the Paperwork Reduction Act of 1980 (44 
U.S.C. 3501 et seq.) and have been assigned OMB Control Number 2120-
0056.
    (c) 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.
    (d) Do the inspection following Agusta Bollettino Tecnico No. 
109K-37, dated February 13, 2004. 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 National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_ register/
code--of--federal-- regulations/ibr--locations.html.
    (e) This amendment becomes effective on August 17, 2004.

    Note: The subject of this AD is addressed in Ente Nazionale per 
l'Aviazione Civile (Italy) AD No. 2004-068, dated February 18, 2004.


    Issued in Fort Worth, Texas, on July 22, 2004.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 04-17369 Filed 7-30-04; 8:45 am]
BILLING CODE 4910-13-P