[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Rules and Regulations]
[Pages 37779-37781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14797]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0013; Directorate Identifier 2010-SW-043-AD; 
Amendment 39-17090; AD 2012-12-10]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta 
S.p.A. (Agusta) Model AB139 and AW139 helicopters with a certain 
generator control unit (GCU), to require replacing each affected GCU 
with an airworthy GCU. This AD was prompted by laboratory tests which 
revealed a potential fault in the overvoltage protection on a certain 
part-numbered GCU. The actions are intended to prevent failure of the 
overvoltage protection of the GCU, degraded performance of the 
electrical power generation and distribution systems, a fire, and 
subsequent loss of control of the helicopter.

DATES: This AD is effective July 30, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 30, 
2012.

ADDRESSES: For service information identified in this AD, contact 
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. You may review a copy of 
the referenced service information at the FAA, Office of the Regional 
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, 
Texas 76137.
    Examining the AD Docket: You may examine the AD docket on the 
Internet

[[Page 37780]]

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, any incorporated-by-reference 
service information, the economic evaluation, any comments received, 
and other information. The street address for the Docket Operations 
Office (phone: 800-647-5527) is U.S. Department of Transportation, 
Docket Operations Office, M-30, West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Mark Wiley, Aerospace Engineer, FAA, 
Regulations and Policy Group, Rotorcraft Directorate, 2601 Meacham 
Blvd., Fort Worth, Texas 76137; telephone (817) 222-5134; fax (817) 
222-5961; email [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    On January 20, 2012, at 77 FR 2926, the Federal Register published 
our Notice of Proposed Rulemaking (NPRM), which proposed to amend 14 
CFR part 39 to include an AD that would apply to Agusta Model AB139 and 
AW139 helicopters, with a GCU, part-number (P/N) 1152550-3, installed. 
That NPRM proposed to require, within 6 months, removing the No. 1 and 
No. 2 GCU, P/N 1152550-3, modifying the electrical connectors A13P1 and 
A14P1 by installing wiring to the power distribution panel, and 
installing a No. 1 and No. 2 GCU with P/N 1152550-4 or 1152550-5. Both 
GCUs must have identical P/Ns on the same helicopter. The proposed 
requirements were intended to prevent failure of the overvoltage 
protection of the GCU, degraded performance of the electrical power 
generation and distribution systems, a fire, and subsequent loss of 
control of the helicopter.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
No. 2009-0042, dated February 25, 2009 (AD 2009-0042), to correct an 
unsafe condition for the Agusta Model AB139 and AW139 helicopters, all 
serial numbers (S[sol]Ns) except S[sol]Ns 31002, 31003, 31004, and 
31007. EASA advises that laboratory tests performed on a new GCU model 
under development have shown a potential fault in the overvoltage 
protection of currently installed GCUs, P/N 1152550-3. EASA also 
advises that this condition, if not corrected, could adversely affect 
the helicopter's electrical power generation and distribution system 
functionalities.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we did not receive any comments on the NPRM.

FAA's 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 agreement with Italy, the EASA, its technical 
representative, has notified us of the unsafe condition described in 
the EASA AD. We are issuing this AD because we evaluated all 
information provided by the EASA and determined that an unsafe 
condition exists and is likely to exist or develop on other helicopters 
of these same type designs. We have determined that air safety and the 
public interest require adopting the AD requirements as proposed, 
except for a typographical correction in the Related Service 
Information paragraph of the NPRM, which referred to the EASA AD as 
``2009-0048'' instead of ``2009-0042.'' This change is consistent with 
the intent of the proposals in the NPRM and will not increase the 
economic burden on any operator nor increase the scope of the AD.

Differences Between This AD and the EASA AD

    The EASA AD does not apply to certain serial-numbered Model AB139 
and AW139 helicopters, whereas this AD applies to all serial-numbered 
Model AB139 and AW139 helicopters.

Related Service Information

    Agusta S.p.A. issued Mandatory Bollettino Tecnico No. 139-133, Rev. 
A, dated March 17, 2009 (BT), for Model AB139 and AW139 helicopters, 
S[sol]Ns 31005 up to S[sol]N 31143, except for S[sol]Ns 31007, 31037, 
31038, 31094; S[sol]N 31112; S[sol]Ns 31146 up to S[sol]N 31148; 
S[sol]N 31155; S[sol]Ns 31201 up to S[sol]N 31218; and S[sol]Ns 41001 
up to S[sol]N 41022, except S[sol]N 41007; with a GCU, P/N 1152550-3. 
This BT specifies, within 6 months from receipt of the BT, removing 
GCU, P/N 1152550-3, modifying electrical connector A13P1 and A14P1, and 
replacing each GCU with an airworthy GCU, P/N 1152550-4 or 1152550-5, 
to improve electrical power generation and distribution system 
functionalities. EASA classified this BT as mandatory and issued AD 
2009-0042 to ensure the continued airworthiness of these helicopters.

Costs of Compliance

    We estimate that this AD will affect 72 helicopters of U.S. 
Registry.
    We estimate that operators may incur the following costs in order 
to comply with this AD. We estimate that it will take about 4 work-
hours to perform the required actions of this AD per helicopter at an 
average labor rate of $85 per work-hour, and required parts will cost 
about $42,384 per helicopter. Based on these figures, we estimate the 
cost to be $42,724 per helicopter and the total cost impact of the AD 
for U.S. operators to be $3,076,128.
    According to the Agusta service information some of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected individuals. We do not control warranty coverage by Agusta. 
Accordingly, we have included all costs in our cost estimate.

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 helicopters identified in this 
rulemaking action.

Regulatory Findings

    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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979);
    (3) Will not affect intrastate aviation in Alaska to the extent 
that it justifies making a regulatory distinction; and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities

[[Page 37781]]

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

    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 the following new airworthiness 
directive (AD):

2012-12-10 Agusta S.p.A. Helicopters: Amendment 39-17090; Docket No. 
FAA-2012-0013; Directorate Identifier 2010-SW-043-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. (Agusta) Model AB139 and AW139 
helicopters, with a generator control unit (GCU), part-number (P/N) 
1152550-3 installed; certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a potential fault in the 
overvoltage protection in GCUs currently installed on Model AB139 
and AW139 helicopters. This condition could result in failure of the 
overvoltage protection of the GCU, degraded performance of the 
electrical power generation and distribution systems, or fire, and 
subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective July 30, 2012.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    (1) Remove the No. 1 and No. 2 GCU, P[sol]N 1152550-3. Do not 
install GCU, P[sol]N 1152550-3, on any helicopter.
    (2) Modify the electrical connector A13P1 (GCU No. 1) and A14P1 
(GCU No. 2) by installing the wiring to the power distribution panel 
(PDP) for your serial-numbered helicopter as depicted in Figure 1 of 
Agusta Bollettino Tecnico No. 139-133, Rev. A, dated March 17, 2009.
    (3) Using either GCU P[sol]N 1152550-4 or GCU P[sol]N 1152550-5, 
install a No. 1 and No. 2 GCU that has the same part number. Having 
different part-numbered GCUs on the same helicopter is not approved.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Mark Wiley, Aerospace Engineer, 
FAA, Regulations and Policy Group, Rotorcraft Directorate, 2601 
Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5134; 
fax (817) 222-5961; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office, before operating any aircraft 
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD No. 2009-0042, dated February 25, 2009.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 2430, DC 
generating system.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the following service 
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
July 10, 2012.
    (i) Agusta Bollettino Tecnico No. 139-133, Rev. A, dated March 
17, 2009.
    (4) For service information identified in this AD, contact 
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.
    (5) You may review a copy of the referenced service information 
at the FAA, Office of the Regional Counsel, Southwest Region, 2601 
Meacham Blvd., Room 663, Fort Worth, Texas 76137 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.

    Issued in Fort Worth, Texas, on June 8, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-14797 Filed 6-22-12; 8:45 am]
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