[Federal Register Volume 77, Number 176 (Tuesday, September 11, 2012)]
[Rules and Regulations]
[Pages 55684-55686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21722]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0927; Directorate Identifier 2012-SW-052-AD; 
Amendment 39-17178; AD 2012-18-02]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta 
S.p.A. (Agusta) Model AB412 and AB412 EP helicopters with certain hoist 
hook assemblies (hook) installed. This AD requires inspecting the hook 
for correct assembly of the nut and body. This AD is prompted by a 
report that a hook separated from the cable of a helicopter. These 
actions are intended to prevent detachment of the hook from the 
helicopter and subsequent loss of an external load, possibly resulting 
in personal injury.

DATES: This AD becomes effective September 26, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of September 26, 
2012.
    We must receive comments on this AD by November 13, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address 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, any comments received, and 
other information. The

[[Page 55685]]

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 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 the referenced service information 
at the FAA, Office of the Regional Counsel, Southwest Region, 2601 
Meacham Blvd., Room 663, Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222 5110; 
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments prior to it becoming effective. However, we 
invite you to participate in this rulemaking by submitting written 
comments, data, or views. We also invite comments relating to the 
economic, environmental, energy, or federalism impacts that resulted 
from adopting this AD. The most helpful comments reference a specific 
portion of the AD, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit them only one time. We will file in the docket all comments that 
we receive, as well as a report summarizing each substantive public 
contact with FAA personnel concerning this rulemaking during the 
comment period. We will consider all the comments we receive and may 
conduct additional rulemaking based on those comments.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
No. 2012-0086-E, dated May 18, 2012 (EASA AD 2012-0086-E), to correct 
an unsafe condition for Agusta Model AB412 and AB412EP helicopters. 
EASA advises of a report where a hoist hook separated from an AB412 
helicopter. EASA states the initial investigation revealed that the nut 
and housing hook were not properly assembled. According to EASA, this 
condition could lead to separation of the hook and detachment of an 
external load from the hoist, resulting in personal injury or damage to 
property on the ground. For these reasons, EASA issued EASA AD 2012-
0086-E to require inspecting the hook before the next flight, and after 
every subsequent reassembly of the hook.

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, 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 
EASA and determined the unsafe condition exists and is likely to exist 
or develop on other helicopters of these same type designs.

Related Service Information

    We reviewed AgustaWestland Bollettino Tecnico (BT) No. 412-132, 
dated May 2, 2012, and BT No. 412-133, dated May 17, 2012, which 
describe procedures for inspecting the nut and housing hook to 
determine whether the two locking screws are inserted into the slot of 
the housing. Both BTs also describe procedures for assembling the hook 
if the nut and body are not properly aligned.

AD Requirements

    This AD requires, before further flight, and after any reassembly 
of the hook:
     Inspecting the nut and housing hook to determine whether 
the two locking screws are inserted into the slot of the housing.
     Correcting the assembly, before further flight, if the 
locking screws are not properly inserted in the slots of the housing.

Costs of Compliance

    There are no costs of compliance with this AD because there are no 
helicopters with this type certificate on the U.S. Registry.

FAA's Justification and Determination of the Effective Date

    There are no helicopters with this type certificate on the U.S. 
Registry. Therefore, we believe it is unlikely that we will receive any 
adverse comments or useful information about this AD from U.S. 
Operators.
    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we determined that notice and opportunity for 
public comment before issuing this AD are unnecessary because there are 
none of these products on the U.S. Registry.

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 the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed, 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 under the criteria 
of the Regulatory Flexibility Act.

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:

[[Page 55686]]

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):

2012-18-02 AGUSTA S.P.A.: Amendment 39-17178; Docket No. FAA-2012-
0927; Directorate Identifier 2012-SW-052-AD.

(a) Applicability

    (1) This AD applies to Model AB412 and AB412EP helicopters with:
    (i) Hoist part-number (P[sol]N) 412-8800-01-202 (Breeze Eastern 
P[sol]N BL-20200-402) or P[sol]N 412-8800-01-412 (Breeze Eastern 
P[sol]N BL-20200-412), with a hook assembly (hook) P[sol]N HK-118-2 
installed; or
    (ii) Hoist P[sol]N BL-20200-75 (Breeze Eastern) or P[sol]N BL-
20200-95 (Breeze Eastern), with a hook P[sol]N BL-5740-8 installed, 
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as the hook body locking 
screws not properly inserted into the slot on the housing, which 
could result in detachment of the hook and subsequent loss of an 
external load or person from the helicopter hoist.

(c) Effective Date

    This AD becomes effective September 26, 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) For hook, P/N HK-118-2, before further flight, and 
thereafter after every disassembly and reassembly of the hook, 
inspect the hook for correct assembly of the nut and housing hook by 
doing the following.
    (i) Using a .5 millimeter (mm) thickness feeler gauge, position 
the feeler gauge on the handwheel as shown in Figure 2 of 
AgustaWestland Bollettino Tecnico (BT) No. 412-132, dated May 2, 
2012 (BT 412-132).
    (ii) If feeler gauge cannot be inserted, the nut and housing are 
correctly assembled.
    (iii) If feeler gauge can be inserted, as shown in Figure 3 of 
BT 412-132, reassemble the hook by following the Accomplishment 
Instructions, paragraphs 5 through 20, and figures 4 and 5, of BT 
412-132.
    (2) For hook, P/N BL-5740-8, before further flight, and 
thereafter after every disassembly and reassembly of the hook, 
inspect the hook for correct assembly of the nut and body by doing 
the following.
    (i) Pull down the rubber bumper to expose the body and 
setscrews.
    (ii) Determine if the two setscrews are inserted in the two 
slots as shown in Figure 2 of AgustaWestland BT No. 412-133, dated 
May 17, 2012 (BT 412-133).
    (iii) If the setscrews are inserted in the slots, the nut and 
body are correctly assembled. Return the rubber bumper to its proper 
position.
    (iv) If the two setscrews are not inserted in the slots, as 
shown in Figure 3 of BT 412-133, reassemble the hook by following 
the Accomplishment Instructions, paragraphs 5 through 20, and 
figures 4 and 5, of BT 412-133.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Sharon Miles, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222 
5110; 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

    (1) The subject of this AD is addressed in European Aviation 
Safety Agency AD No. 2012-0086-E, dated May 18, 2012.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 2550: External 
Load Handling Equipment.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) AgustaWestland Bollettino Tecnico No. 412-132, dated May 2, 
2012.
    (ii) AgustaWestland Bollettino Tecnico No. 412-133, dated May 
17, 2012.
    (3) For AgustaWestland service information identified in this 
AD, contact AgustaWestland, 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.
    (4) You may view this service information at the FAA, Office of 
the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137.
    (5) You may also view this service information 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 August 28, 2012.
Lance T. Gant,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-21722 Filed 9-10-12; 8:45 am]
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