[Federal Register Volume 70, Number 88 (Monday, May 9, 2005)]
[Rules and Regulations]
[Pages 24305-24307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8952]


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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; 
Amendment 39-14075; AD 2005-09-07]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

[[Page 24306]]


ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) for 
Agusta S.p.A. (Agusta) Model A109E helicopters that requires 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 amendment 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 
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: Effective June 13, 2005.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 13, 2005.

ADDRESSES: You may get the service information identified in this AD 
from Agusta, 21017 Cascina Costa di Samarate (VA) Italy, Via Giovanni 
Agusta 520, telephone 39 (0331) 229111, fax 39 (0331) 229605-222595.

Examining the Docket

    You may examine the docket that contains this AD, any comments, and 
other information on the Internet at http://dms.dot.gov, or at the 
Docket Management System (DMS), U.S. Department of Transportation, 400 
Seventh Street SW., Room PL-401, on the plaza level of the Nassif 
Building, Washington, DC.

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: A proposal to amend 14 CFR part 39 to 
include an AD for Agusta Model A109E helicopters was published in the 
Federal Register on February 10, 2005 (70 FR 7061). That action 
proposed to 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 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 25, 
2004.
    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 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.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposal or the FAA's determination of the cost to the public. The FAA 
has determined that air safety and the public interest require the 
adoption of the rule as proposed. However, we have made a correction in 
the service information date that was incorrectly referenced in the 
preamble of the proposal; the date was incorrectly listed as March 3, 
2004 but is correctly referenced as March 25, 2004 in this AD. We have 
determined that this change will neither increase the economic burden 
on any operator nor increase the scope of the AD.
    We estimate that this AD will affect 58 helicopters of U.S. 
registry. Three inspections (one initial, one repetitive, and the 
torque inspection) will 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 will 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 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 AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that the 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 an economic evaluation of the estimated costs to comply 
with this AD. See the DMS to examine the 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, Incorporation by 
reference, Safety.

[[Page 24307]]

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:

2005-09-07 Agusta S.p.A.: Amendment 39-14075. Docket No. FAA-2005-
20292; 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 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.
    (f) The inspections and replacements shall be done in accordance 
with Agusta Bollettino Tecnico No. 109EP-43, dated March 25, 2004. 
The Director of the Federal Register approved this incorporation by 
reference 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 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.
    (g) This amendment becomes effective on June 13, 2005.

    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 April 27, 2005.
Carl F. Mittag,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 05-8952 Filed 5-6-05; 8:45 am]
BILLING CODE 4910-13-P