[Federal Register Volume 70, Number 27 (Thursday, February 10, 2005)]
[Proposed Rules]
[Pages 7061-7063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2591]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20292; Directorate Identifier 2004-SW-26-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes adopting a new airworthiness directive 
(AD) for Agusta S.p.A. (Agusta) Model A109E helicopters. This proposal 
would require visually inspecting each main transmission support 
fitting (fitting) attachment bolt (bolt) for a fracture, a crack, or 
looseness, and verifying the torque on each fitting bolt. This proposal 
is prompted by two incidents of fatigue failure of the bolts that 
secure the transmission rear support fittings to the helicopter. The 
actions specified by this proposed AD are intended to detect a 
fracture, a crack, or looseness of a fitting bolt, and prevent fatigue 
failure of a fitting bolt and subsequent loss of control of the 
helicopter.

DATES: Comments must be received on or before April 11, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically;
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically;
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590;
     Fax: 202-493-2251; or
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    You may get the service information identified in this proposed AD 
from Agusta, 21017 Cascina Costa di Samarate (VA) Italy, Via Giovanni 
Agusta 520, telephone 39 (0331) 229111, fax 39 (0331) 229605-222595.
    You may examine the comments to this proposed AD in the AD docket 
on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group, 
Fort Worth, Texas 76193-0111, telephone (817) 222-5122, fax (817) 222-
5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any written data, views, or arguments 
regarding this proposed AD. Send or deliver your comments to the 
address listed under the caption ADDRESSES. Include the docket number 
``FAA-2005-20292, Directorate Identifier 2004-SW-26-AD'' at the 
beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of the 
proposed AD. We will consider all comments received by the closing date 
and may amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed rulemaking. Using the search 
function of our docket Web site, you can find and read the comments to 
any of our dockets, including the name of the individual who sent or 
signed the comment. You may review the DOT's complete Privacy Act 
Statement in the Federal Register published on April 11, 2000 (65 FR 
19477-78) or you may visit http://dms.dot.gov.

Examining the Docket

    You may examine the docket that contains the proposed AD, any 
comments, and other information in person at the Docket Management 
System (DMS) Docket Office between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The Docket Office (telephone 1-800-
647-5227) is located at the plaza level of the Department of 
Transportation NASSIF Building in Room PL-401 at 400 Seventh Street, 
SW., Washington, DC. Comments will be available in the AD docket 
shortly after the DMS receives them.

Discussion

    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. ENAC advises of the need to 
check the bolts that secure the fittings to the structure by following 
the manufacturer's Bollettino Tecnico No. 109EP-43, dated March 3, 
2004.

[[Page 7062]]

    Agusta has issued Bollettino Tecnico No. 109EP-43, dated March 25, 
2004, which specifies a periodic visual inspection to verify the 
integrity of the slippage marks, and successively checking the torque 
of the bolts to exclude the possible presence of looseness and/or a 
fracture or a crack. ENAC classified this bollettino tecnico as 
mandatory and issued AD No. 2004-099, dated March 29, 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 us informed of the 
situation described above. We have 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 previously described unsafe condition is likely to exist or 
develop on other helicopters of the same type design registered in the 
United States. Therefore, the proposed AD would require inspecting the 
fitting bolts, part number (P/N) NAS625-14, for a fracture, a crack, or 
looseness within 5 hours time-in-service (TIS), and then at intervals 
not to exceed 10 hours TIS until performing a torque inspection of each 
fitting bolt. The torque inspection would have to be accomplished 
before further flight if looseness is found, or within 25 hours TIS if 
looseness is not found. If a fracture or a crack is found on any bolt 
in any fitting, replacing all 4 of the bolts in a fitting with 
airworthy fitting bolts would be required before further flight. If any 
torque inspection reveals that the torque of any bolt in a fitting is 
not between 11.3--15.8 Nm (100--140 inch-pounds), all 4 of the bolts in 
the fitting would have to be replaced with airworthy fitting bolts 
before further flight. The actions would be required to be accomplished 
in accordance with the bolletino tecnico described previously.
    We estimate that this proposed AD would affect 58 helicopters of 
U.S. registry. Three inspections (one initial, one repetitive, and the 
torque inspection) would take approximately 4 work hours to accomplish 
at an average labor rate of $65 per work hour. (The manufacturer states 
that it shall recognize a warranty credit of up to $200 per helicopter 
for the labor). Required parts would cost approximately $1,600 per 
helicopter ($100 per fitting bolt for 16 fitting bolts). Based on these 
figures, the total estimated cost impact of the proposed AD on U.S. 
operators is $115,420, assuming that no warranty credit is available 
and that all affected fitting bolts are replaced.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. Additionally, this proposed 
AD would 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.
    For the reasons discussed above, I certify that the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a draft economic evaluation of the estimated costs to 
comply with this proposed AD. See the DMS to examine the draft economic 
evaluation.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Agusta S.p.A.: Docket No. FAA-200X-XXXXX; Directorate Identifier 
2004-SW-26-AD.

    Applicability: Model A109E helicopters, certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect a fracture, a crack, or looseness of a main 
transmission support fitting (fitting) attachment bolt (bolt), and 
prevent fatigue failure of a fitting bolt and subsequent loss of 
control of the helicopter, accomplish the following:
    (a) Within 5 hours time-in-service (TIS), and then at intervals 
not to exceed 10 hours TIS until a torque inspection of each fitting 
bolt is accomplished in accordance with paragraph (b) of this AD, 
inspect each fitting bolt, part number NAS625-14, for a fracture, a 
crack, or looseness using a light and a mirror in accordance with 
Part I, steps 1. through 4., of Agusta Bollettino Tecnico No. 109EP-
43, dated March 25, 2004 (BT).
    (1) On each of the 4 fittings, if a fracture or a crack is found 
in any bolt, replace all 4 bolts in the fitting with airworthy 
fitting bolts before further flight.
    (2) If looseness is found in any bolt in any fitting, inspect 
each of the 4 bolts on each of the 4 fittings (16 bolts total) to 
determine if the torque is between 11.3-15.8 Nm (100-140 inch-
pounds). If the indicated torque is not within the acceptable range 
on any bolt in a fitting, before further flight, remove all 4 bolts 
in the fitting and replace them with airworthy fitting bolts in 
accordance with Part II, steps 5.1 through 9. of the BT.
    (b) Within 25 hours TIS, inspect each bolt in each fitting to 
determine if the torque is between 11.3-15.8 Nm (100-140 inch-
pounds). If the indicated torque is not within the acceptable range 
on any bolt, before further flight, remove all 4 bolts in the 
fitting and replace them with airworthy fitting bolts in accordance 
with Part II, steps 5.1 through 9., of the BT.
    (c) Accomplishing the inspections specified in paragraphs (a) 
and (b) constitute terminating actions for the requirements of this 
AD.
    (d) 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.
    (e) Special flight permits may be issued in accordance with 14 
CFR 21.197 and 21.199

[[Page 7063]]

to operate the helicopter to a location where the requirements of 
this AD can be accomplished, provided that no fracture or crack or 
looseness was found during the inspections required by this AD.

    Note: The subject of this AD is addressed in Ente Nazionale per 
l'Aviazione Civile (Italy) AD No. 2004-099, dated March 29, 2004.


    Issued in Fort Worth, Texas, on February 1, 2005.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 05-2591 Filed 2-9-05; 8:45 am]
BILLING CODE 4910-13-P