[Federal Register Volume 72, Number 236 (Monday, December 10, 2007)]
[Rules and Regulations]
[Pages 69595-69598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23637]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0285; Directorate Identifier 2007-SW-15-AD; 
Amendment 39-15296; AD 2007-25-14]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model AB139 and AW139 
Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for Agusta S.p.A. (Agusta) Model AB139 helicopters. This AD results 
from mandatory continuing airworthiness information (MCAI) originated 
by an aviation authority to identify and correct an unsafe condition on 
an aviation product. The aviation authority of Italy, with which we 
have a bilateral agreement, states in the MCAI:

    Field reports have shown that the Agusta AB/AW139's Tailpipe 
Assembly is prone to cracks. To prevent any cracks from developing 
into failure of the exhaust tailpipe assembly * * *

This AD retains the requirements of the existing AD, but expands the 
applicability to include the Agusta Model AW139 helicopters and 
includes modification procedures to strengthen certain cracked areas 
that are outside the cowling and are within certain allowable limits. 
This AD requires actions that are intended to address the unsafe 
condition of cracks in the tailpipe assembly.

DATES: This AD becomes effective December 26, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of Agusta Bollettino Tecnico No. 139-069, Revision A, dated 
November 8, 2006, as of December 26, 2007.
    We must receive comments on this AD by February 8, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov, or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the economic evaluation, any 
comments received, and other information. The street address for the 
Docket Operations office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Ed Cuevas, Aerospace Engineer, Safety 
Management Office, FAA, Rotorcraft Directorate, Fort Worth, Texas 
76193-0111, telephone (817) 222-5355, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION:

[[Page 69596]]

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

Discussion

    On August 24, 2006, we issued AD 2006-17-51, Amendment 39-14747 (71 
FR 51988, September 1, 2006). That AD required actions intended to 
address cracks in the exhaust tailpipes of Agusta Model AB139 
helicopters.
    Since we issued AD 2006-17-51, the applicability has been expanded 
to include the Agusta Model AW139 helicopters. In addition, 
modification procedures have been introduced to strengthen certain 
cracked areas that are outside the cowling and are within certain 
allowable limits.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued an 
MCAI in the form of EASA AD No: 2006-0360-E, dated November 29, 2006, 
to correct an unsafe condition for these Italian-certificated products. 
The MCAI states:

    Field reports have shown that the Agusta AB/AW139's Tailpipe 
Assembly is prone to cracks. To prevent any cracks from developing 
into failure of the exhaust tailpipe assembly * * *

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Agusta has issued Bollettino Tecnico No. 139-069, Revision A, dated 
November 8, 2006. The actions described in the MCAI are intended to 
correct the same unsafe condition as that identified in the service 
information.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of Italy, 
and is approved for operation in the United States. Pursuant to our 
bilateral agreement with this State of Design Authority, we have been 
notified of the unsafe condition described in the MCAI and the service 
information. We are issuing this AD because we evaluated all pertinent 
information and determined the unsafe condition exists and is likely to 
exist or develop on other products of these same type designs.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in the ``Differences Between the FAA AD and the MCAI'' 
section in the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because the 
superseded AD was an Emergency AD, and because this AD continues the 
inspection requirements and adds the Model AW139 helicopters to the 
applicability as well as introduces repair procedures for certain 
cracks located outside the cowling that are within certain allowable 
limits established by Agusta Bollettino Tecnico No. 139-069, Rev. A, 
dated November 8, 2006. Therefore, we determined that notice and 
opportunity for public comment before issuing this AD are impracticable 
and that good cause exists for making this amendment effective in fewer 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2007-0285; Directorate 
Identifier 2007-SW-15-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect about 21 helicopters of U.S. 
registry. We also estimate that it will take about 1 work-hour to 
inspect a helicopter and 3 work-hours per helicopter to either repair 
or replace an exhaust tailpipe assembly. The average labor rate is $80 
per work-hour. A replacement exhaust tailpipe assembly costs about 
$20,649 per helicopter. The repair does not require purchasing any 
parts other than consumable materials. In addition, we have assumed 
that 5 of the affected helicopters will require replacement of an 
exhaust tailpipe assembly. Based on these assumptions and figures, we 
estimate the cost of this AD on U.S. operators to be $106,125, or 
$1,680 per helicopter for the inspection and $20,889 in additional 
costs for the 5 helicopters requiring replacement of the exhaust 
tailpipe assembly.

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.

Regulatory Findings

    We 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

[[Page 69597]]

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 this AD:
    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 and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by removing Amendment 39-14747 (71 FR 
51988, September 1, 2006) and adding the following new AD:

2007-25-14 Agusta S.p.A: Amendment 39-15296. Docket No. FAA-2007-
0285; Directorate Identifier 2007-SW-15-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on 
December 26, 2007.

Other Affected ADs

    (b) This AD supersedes AD 2006-17-51, Amendment 39-14747, Docket 
No. FAA-2006-25703, Directorate Identifier 2006-SW-20-AD.

Applicability

    (c) This AD applies to Model AB139 and AW139 helicopters, all 
serial numbers, except 31002, 31003, 31004 and 31007, with tailpipe 
assemblies, part number (P/N) 3G7800L00131 (LH) or 3G7800L00231 
(RH), certificated in any category.

Reason

    (d) The mandatory continued airworthiness information (MCAI) 
states:

    Field reports have shown that the Agusta AB/AW139's Tailpipe 
Assembly is prone to cracks. To prevent any cracks from developing 
into failure of the exhaust tailpipe assembly * * *

Actions and Compliance

Continuing Requirements

    (e) Before further flight, and thereafter at intervals not to 
exceed 25 hours time-in-service (TIS), access the rear areas of each 
tailpipe assembly by removing the rear cowlings.
    (1) Visually inspect each tailpipe assembly inside the cowling 
for a crack. If you find a crack, before further flight, replace the 
cracked tailpipe assembly with an airworthy tailpipe assembly.
    (2) Visually inspect the structure surrounding each tailpipe 
assembly for overheating. If you find areas of overheating in the 
structure surrounding each tailpipe assembly, inspect for 
overheating in the underlying structure including on the upper deck 
thermal protection. Repair any damaged areas before further flight.
    (3) Visually inspect at the internal part of the tailpipe 
assembly exhaust outside the cowling as depicted by Area A, Figure 
1, of Agusta Bollettino Tecnico No. 139-069, Revision A, dated 
November 8, 2006 (ABT).
    (i) Clean the end of each tailpipe assembly with a cloth. While 
applying slight pressure on it, inspect for a crack using a 
flashlight.
    (ii) Inspect each tailpipe assembly toward the centerline of the 
helicopter for a crack using a flashlight.
    (iii) Inspect each tailpipe assembly toward the outboard side of 
the helicopter for a crack using a mirror and a flashlight.

New Requirements

    (f) If you find a crack in the exhaust area outside the cowling, 
do the following:
    (1) If any crack turns off abruptly (at an angle of greater than 
45[deg]) from the original direction, before further flight, replace 
that tailpipe assembly with an airworthy tailpipe assembly.
    (2) If you find only one crack in a tailpipe assembly and the 
crack does not make an abrupt turn and is 50mm or less in length--
    (i) Stop-drill the crack with a No. 30 drill bit, or
    (ii) Repair that tailpipe assembly in accordance with the 
Compliance Instructions, paragraph 7) d), of the ABT.
    (iii) If you choose to stop-drill the crack as indicated in 
paragraph (f)(2)(i) of this AD, thereafter, before the first flight 
of each day, inspect the stop-drill hole to determine whether 
another crack has started at the stop-drill hole. If you find during 
any inspection that another crack has started, before further 
flight, replace that tailpipe assembly with an airworthy tailpipe 
assembly.
    (3) If you find more than one crack and no crack makes an abrupt 
turn as stated in paragraph (f)(1) of this AD and the cracks are 
within the allowable limits stated in the Compliance Instructions, 
paragraph 7) d), of the ABT, repair the tailpipe assembly in 
accordance with the Compliance Instructions, paragraph 7) d) of the 
ABT.
    (g) Repairing or replacing the affected tailpipe assembly does 
not constitute terminating action for the repetitive inspection as 
required by paragraph (e) of this AD.

Differences Between the FAA AD and the MCAI

    (h) None.

Subject

    (i) Air Transport Association of America (ATA) Code 7810--Engine 
Collector/Tailpipe/Nozzle.

Other Information

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Safety and Management Group, FAA, has the authority to approve AMOCs 
for this AD, if requested using the procedures found in 14 CFR 
39.19. Send information to ATTN: Ed Cuevas, Aerospace Engineer, 
Safety Management Group, FAA, Rotorcraft Directorate, Fort Worth, 
Texas 76193-0111, telephone (817) 222-5355, fax (817) 222-5961.
    (2) Airworthy Product: Use only FAA-approved corrective actions. 
Corrective actions are considered FAA-approved if they are approved 
by the State of Design Authority (or their delegated agent) if the 
State of Design has an appropriate bilateral agreement with the 
United States. You are required to assure the product is airworthy 
before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (k) Mandatory Continuing Airworthiness Information (MCAI) (EASA) 
Airworthiness Directive No. 2006-0360-E, dated November 29, 2006; 
Agusta Bollettino Tecnico No. 139-069, Rev. A, dated November 8, 
2006; and Aircraft Maintenance Publication (AMP) AB139 and AW139 
contain related information.

Material Incorporated by Reference

    (l) The Director of the Federal Register approved the 
incorporation by reference of Agusta Bollettino Tecnico No. 139-069, 
Rev. A, dated November 8, 2006, under 5 U.S.C. 552(a) and 1 CFR part 
51.
    (m) For service information identified in this AD, contact Via 
Giovanni Agusta, 520, 21017 Cascina Costa diSamarate (VA), Italy, 
telephone +39 0331-229111, fax +39 0331-229605/222595.
    (n) You may review copies of Agusta Bollettino Tecnico No. 139-
069, Rev. A, dated November 8, 2006, 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/cfr/ibr-locations.html.


[[Page 69598]]


    Issued in Fort Worth, Texas on November 27, 2007.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E7-23637 Filed 12-7-07; 8:45 am]
BILLING CODE 4910-13-P