[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Rules and Regulations]
[Pages 53324-53326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21476]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0823; Directorate Identifier 2011-SW-018-AD; 
Amendment 39-16765; AD 2011-17-01]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model A109A, A109A II, 
A109C, and A109K2 Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment supersedes an existing emergency airworthiness 
directive (EAD) for the specified Agusta S.p.A. (Agusta) model 
helicopters. That EAD currently requires inspecting the main rotor 
scissor fitting assembly to determine if there are 2 washers installed 
under the head of each main rotor scissor fitting assembly fixing bolt 
(fixing bolt). If there are not 2 washers installed under the head of 
each fixing bolt, that EAD requires replacing each fixing bolt and 
installing 2 washers under the head of each fixing bolt. This 
superseding airworthiness directive (AD) is prompted by the 
determination that a wrong part number (P/N) for the main rotor scissor 
fitting assembly was listed in the EAD. This AD retains the 
requirements of the EAD and corrects a P/N for the main rotor scissor 
fitting assembly. The actions specified by this AD are intended to 
prevent a crack in a fixing bolt, failure of a fixing bolt, and 
subsequent loss of control of the helicopter.

DATES: Effective September 12, 2011.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 12, 2011.
    Comments for inclusion in the Rules Docket must be received on or 
before October 25, 2011.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD:
     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.
    You may get the service information identified in this AD from 
Agusta Westland, Customer Support & Services, Via Per Tornavento 15, 
21019 Somma Lombardo (VA) Italy, ATTN: Giovanni Cecchelli; telephone 
39- 0331-711133; fax 39 0331 711180; or at http://www.agustawestland.com/technical-bullettins.
    Examining the Docket: You may examine the docket that contains the 
AD, any comments, and other information 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 Docket Operations office (telephone (800) 647-5527) is 
located in Room W12-140 on the ground floor of the West Building at the 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, Sharon 
Miles, Aviation Safety Engineer, Rotorcraft Directorate, Regulations 
and Policy Group, ASW-111, 2601 Meacham Blvd., Fort Worth, Texas 76137, 
telephone (817) 222-5122, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: 

Discussion

    On January 13, 2010, we issued EAD 2010-02-51 for the Agusta Model 
A109A, A109A II, A109C, and A109K2 helicopters, which requires, within 
5 hours time-in-service (TIS), inspecting the main rotor scissor 
fitting assembly, P/N 109-0110-67 and P/N 109-0110-58, to determine if 
there were 2 washers installed under the head of each fixing bolt, P/N 
109-0101-78-5. That action was prompted by an incident where 2 of the 3 
installed fixing bolts on a Model A109K2 helicopter had cracked in 
flight. The manufacturer's investigation revealed that the crack was 
caused by inadequate information in the technical publication for 
installing the fixing bolts. This condition, if not detected and 
corrected, could result in failure of a fixing bolt and subsequent loss 
of control of the helicopter.
    Since issuing EAD 2010-02-51, we have determined that the EAD 
contains an incorrect P/N for the main rotor scissor fitting assembly 
as listed in paragraph (a) of the Compliance section. The EAD states P/
N ``109-0110-58'' and the correct P/N is ``109-0101-58''. Therefore, we 
are issuing this superseding AD to correct a P/N for the main rotor 
scissor fitting assembly.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Emergency AD 2009-0274-E, dated December 18, 2009 (EAD 2009-0274-E) to 
correct an unsafe condition for the Agusta Model A109A, A109A II, 
A109C, and A109K2 model helicopters. EASA states that failure of the 
fixing bolt ``might lead to loss of control of the helicopter.''

Related Service Information

    Agusta has issued Mandatory Alert Bollettino Tecnico (BT) No. 109K-
53 for Model A109K2 helicopters and Mandatory Alert BT No. 109-131 for 
Model A109A, A109A II, and A109C helicopters, both dated December 18, 
2009. The BTs specify a one-time inspection for correct installation of 
the main rotor scissor fitting assembly by determining if 2 washers are 
installed under the head of each fixing bolt. If 2 washers are not 
installed under the head of each fixing bolt, the BTs specify replacing 
each fixing bolt with an airworthy fixing bolt and installing 2 washers 
under the head of each fixing bolt. EASA classified this service 
bulletin as mandatory and issued EAD No. 2009-0274-E to ensure the 
continued airworthiness of these helicopters.

FAA's Evaluation and Unsafe Condition Determination

    These helicopters have been approved by the aviation authority of 
Italy, and are approved for operation in the United States. Pursuant to 
our bilateral

[[Page 53325]]

agreement with Italy, EASA, their technical representative, has 
notified us of the unsafe condition described in the EASA emergency AD. 
We are issuing this superseding AD because we evaluated all information 
provided by EASA and determined the unsafe condition exists and is 
likely to exist or develop on other helicopters of these same type 
designs. Therefore, this AD is being issued to prevent a crack in a 
fixing bolt, failure of a fixing bolt, and subsequent loss of control 
of the helicopter. This AD requires, within 5 hours TIS, inspecting the 
main rotor scissor fitting assembly to determine if there are two 
washers installed under the head of each fixing bolt. If 2 washers are 
not installed under the head of each fixing bolt, this AD requires, 
within 25 hours TIS after making that determination, replacing all 3 
fixing bolts and installing 2 washers under the head of each fixing 
bolt. The actions must be accomplished by following specified portions 
of the previously described service bulletins.
    The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
structural integrity and controllability of the helicopter. Therefore, 
because these actions are required within a very short period of time, 
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 because of the short compliance 
time, and that good cause exists for making this amendment effective in 
less than 30 days.

Differences Between This AD and the EASA AD

    This AD differs from the EASA AD in that EASA uses the term 
``flight hours'' when referring to compliance times, and we use the 
term ``hours time-in-service''. Also, after complying with paragraph 
(a) of this AD, we require the fixing bolts to be replaced within 25 
hours TIS, and the EASA AD requires the fixing bolts to be replaced 
within 25 flight hours after the effective date of the AD or by April 
30, 2010.

Costs of Compliance

    We estimate that this AD will affect 79 helicopters of U.S. 
registry. Each inspection will take about 15 minutes, and replacing a 
fixing bolt will take about 3 hours. The average labor rate is $85 per 
work-hour. Required parts will cost approximately $153 per helicopter 
for the bolts and washers. Based on these figures, we estimate the 
total cost on U.S. operators to be $4,943, assuming that each 
helicopter is inspected and that 8 helicopters require replacement of 
the 3 bolts and 6 washers.

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-2011-0823; Directorate 
Identifier 2011-SW-018-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 
with FAA personnel concerning this AD. Using the search function of the 
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).

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 AD docket 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.

Adoption of the Amendment

    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 adding a new airworthiness directive 
(AD) to read as follows:

2011-17-01 AGUSTA S.p.A. (Agusta): Amendment 39-16765; Docket No. 
FAA-2011-0823; Directorate Identifier 2011-SW-018-AD; supersedes 
Emergency AD 2010-02-51, issued January 13, 2010.

    Applicability: Model A109A, A109A II, A109C, and A109K2 
helicopters, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent a crack in a main rotor scissor fitting assembly 
fixing bolt (fixing bolt), failure of a fixing bolt, and subsequent 
loss of control of the helicopter, accomplish the following:
    (a) Within 5 hours time-in-service (TIS), inspect the main rotor 
scissor fitting assembly, part number (P/N) 109-0110-67 or P/N 109-
0101-58, to determine if there are 2 washers, P/N NAS1149C0432R and 
P/N NAS1149C0463R, installed under the head of each fixing bolt, P/N 
109-0101-78-5, as

[[Page 53326]]

depicted in Figure 1 of Agusta Mandatory Alert Bollettino Tecnico 
(BT) No. 109K-53 for Model A109K2 helicopters, and Mandatory Alert 
BT No. 109-131 for Model A109A, A109A II, and A109C helicopters, 
both dated December 18, 2009.
    (b) If 2 washers are not installed under the head of each fixing 
bolt, within 25 hours TIS of complying with paragraph (a) of this 
AD, replace each fixing bolt and install 2 washers under the head of 
each fixing bolt as depicted in Figures 1 and 2, and by following 
the Compliance Instructions, Part II, paragraphs 1. through 3.5., of 
the BT for your helicopter.
    (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 Manager, Safety Management Group, ATTN: DOT/FAA 
Southwest Region, Sharon Miles, Aviation Safety Engineer, Rotorcraft 
Directorate, ASW-111, 2601 Meacham Blvd., Fort Worth, Texas 76137, 
telephone (817) 222-5122, fax (817) 222-5961, for information about 
previously approved alternative methods of compliance.
    (d) The Joint Aircraft System/Component Code is 6220: Main Rotor 
Head.
    (e) The inspection and replacement shall be done in accordance 
with the specified portions of Agusta Mandatory Alert Bollettino 
Tecnico No. 109K-53 or Agusta Mandatory Alert Bollettino Tecnico No. 
109-131, both dated December 18, 2009. 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 Westland, Customer Support & Services, Via Per Tornavento 15, 
21019 Somma Lombardo (VA) Italy, ATTN: Giovanni Cecchelli; telephone 
39-0331-711133; fax 39 0331 711180; or at http://www.agustawestland.com/technical-bullettins. 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.
    (f) This amendment becomes effective on September 12, 2011.

    Note:  The subject of this AD is addressed in European Aviation 
Safety Agency (Italy) AD No. 2009-0274-E, dated December 18, 2009.


    Issued in Fort Worth, Texas, on July 29, 2011.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2011-21476 Filed 8-25-11; 8:45 am]
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