[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Rules and Regulations]
[Pages 36484-36486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12419]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21589; Directorate Identifier 2004-SW-44-AD; 
Amendment 39-14154; AD 2005-13-17]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model AB412 Series 
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 
the Agusta S.p.A. (Agusta) Model AB412 Series helicopters. This action 
requires inspecting each affected tail rotor blade (blade) forward tip 
weight retention block (tip block) and the aft tip closure (tip 
closure) for adhesive bond voids, and removing any blade with an 
excessive void from service. This AD also requires modifying certain 
blades by installing shear pins and tip closure rivets on all affected 
blades. This amendment is prompted by reports of in-flight loss of tip 
blocks and tip closures resulting in minor to substantial damage. The 
actions specified in this AD are intended to prevent loss of the tip 
block or tip closure, loss of a blade, and subsequent loss of control 
of the helicopter.

DATES: Effective July 11, 2005.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 11, 2005.
    Comments for inclusion in the Rules Docket must be received on or 
before August 23, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this 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 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 the AD, any comments, and 
other information on the Internet at http://dms.dot.gov, or in person 
at the Docket Management System (DMS) Docket Offices between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The Docket 
Office (telephone (800) 647-5227) is located on the plaza level of the 
Department of Transportation Nassif Building at the street address 
stated in the ADDRESSES section. Comments will be available in the AD 
docket shortly after the DMS receives them.

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: This amendment adopts a new AD for Agusta 
Model AB412 Series helicopters. This action requires inspecting the tip 
block and the tip closure for adhesive bond voids and removing any 
blade with an excessive void from service. This action also requires 
modifying certain blades by installing shear pins and tip closure 
rivets in the tip area of all affected blades. This amendment is 
prompted by reports of in-flight loss of tip blocks and tip closures 
resulting in minor to

[[Page 36485]]

substantial damage. This condition, if not detected, could result in 
loss of a tip block or tip closure, loss of a blade, 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 AB 205A1, AB212, and AB412 helicopters. ENAC 
advises modifying the blade tip block and tip closure retention.
    Agusta has issued Bollettino Tecnico No. 412-88, Revision A, dated 
August 17, 2004 (BT 412-88, Revision A), which specifies inspecting and 
modifying blade, part number (P/N) 212-010-750-ALL, tip block and tip 
closure retention by providing additional fasteners in the tip area to 
prevent future loss of either the tip block or tip closure. Recent 
investigations into the in-flight loss of a blade, P/N 212-010-750-105, 
tip block, revealed that the countersunk screws retaining the tip block 
were installed incorrectly resulting in inadequate tip block retention. 
Additionally, reports have been submitted of the loss of the tail rotor 
tip cap closure possibly due to an inadequate bond in this area. ENAC 
classified this service information as mandatory and issued AD 2004-
351, dated September 3, 2004, to ensure the continued airworthiness of 
these helicopters in Italy.
    These helicopter models are manufactured in Italy and are 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 these type designs 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 designs if they become registered in the 
United States. Therefore, this AD is being issued to prevent loss of 
the tip block or tip closure, loss of a blade, and subsequent loss of 
control of the helicopter. This AD requires, within 100 hours time-in-
service (TIS):
     Inspecting the tip block and tip closure for voids and, 
before further flight, removing any blade that has voids in excess of 
the Component Repair and Overhaul Manual Limitations.
     Inspecting the tip block attachment countersink screws in 
four locations to determine if the head of each countersunk screw is 
flush with the surface of the abrasion strip and the skin. If any of 
the screws are set below the surface of the abrasion strip and the skin 
or are covered with filler material, before further flight, install 
shear pins.
     Installing tip closure rivets on all affected blades.
    Accomplish the actions in accordance with the service bulletin 
described previously.
    None of the Agusta Model AB412 Series helicopters affected by this 
action are on the U.S. Register. All helicopters included in the 
applicability of this rule are currently operated by non-U.S. operators 
under foreign registry; therefore, they are not directly affected by 
this AD action. However, the FAA considers that this rule is necessary 
to ensure that the unsafe condition is addressed in the event that any 
of these subject helicopters are imported and placed on the U.S. 
Register in the future.
    Should an affected helicopter be imported and placed on the U.S. 
Register in the future, it would take approximately 3 work hours to 
accomplish the required actions at an average labor rate of $65 per 
work hour. Required parts would cost $25. Based on these figures, the 
cost impact of this AD would be $220 per helicopter.
    Since this AD action does not affect any helicopter that is 
currently on the U.S. register, it has no adverse economic impact and 
imposes no additional burden on any person. Therefore, notice and 
public procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any written data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-21589; 
Directorate Identifier 2004-SW-44-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the 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 AD. 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 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.

Regulatory Findings

    We have determined that notice and prior public comment are 
unnecessary in promulgating this regulation; therefore, it can be 
issued immediately to correct an unsafe condition in aircraft since 
none of these model helicopters are registered in the United States. We 
have also determined that this regulation 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 AD docket.

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.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration

[[Page 36486]]

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:

2005-13-17 Agusta. S.p.A.: Amendment 39-14154. Docket No. FAA-2005-
21589; Directorate Identifier 2004-SW-44-AD.

    Applicability: Model AB412 Series helicopters, with a tail rotor 
blade (blade), part number (P/N) 212-010-750-All, having a serial 
number (S/N) with a prefix of ``A'' or ``A-FS'' and number 11530 
through 13618, except numbers 13595 through 13602, installed, 
certificated in any category.
    Compliance: Within 100 hours time-in-service, unless 
accomplished previously.
    To prevent loss of the forward tip weight retention block (tip 
block) or aft tip closure (tip closure), loss of a blade, and 
subsequent loss of control of the helicopter, accomplish the 
following:
    (a) Inspect the tip block and tip closure for voids. Before 
further flight, remove any blade with a void in excess of that 
allowed by the Component Repair and Overhaul Manual limitations.
    (b) Inspect the tip block attachment countersink screws in four 
locations to determine if the head of each countersunk screw is 
flush with the surface of the abrasion strip and the skin. The 
location of these four screws is depicted on Figure 2 of Agusta 
Bollettino Tecnico No. 412-88, Revision A, dated August 17, 2004 (BT 
412-88, Revision A). If any of these screws are set below the 
surface of the abrasion strip or are covered with filler material, 
before further flight, install shear pins by following the 
Accomplishment Instructions, Part A, Tip Block: Shear Pin 
Installation, paragraphs 1 through 3, of BT 412-88, Revision A.
    (c) Install the tip closure rivets on all affected blades by 
following the Accomplishment Instructions, Part B, Aft Tip Closure: 
Rivet Installation, paragraphs 1 through 6, of BT 412-88, Revision 
A.
    (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, FAA, for information about 
previously approved alternative methods of compliance.
    (e) The inspections and modification must be done by following 
the specified portions of Agusta Bollettino Tecnico No. 412-88, 
Revision A, dated August 17, 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.
    (f) This amendment becomes effective on July 11, 2005.

    Note: The subject of this AD is addressed in Ente Nazionale per 
l'Aviazione Civile (Italy) AD 2004-351, dated September 3, 2004.


    Issued in Fort Worth, Texas, on June 8, 2005.
S. Frances Cox,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 05-12419 Filed 6-23-05; 8:45 am]
BILLING CODE 4910-13-P