[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Rules and Regulations]
[Pages 73273-73279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29716]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1135; Directorate Identifier 2012-SW-097-AD; 
Amendment 39-17281; AD 2012-21-52]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. (Type Certificate 
Currently Held by AgustaWestland S.p.A.) (Agusta) Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: We are publishing a new airworthiness directive (AD) for 
Agusta Model AW139 helicopters, which was sent previously to all known 
U.S. owners and operators of these helicopters. This AD requires 
inspecting the pilot's and co-pilot's collective and cyclic control 
sticks for correctly installed attaching hardware. This AD is prompted 
by a report of an incorrectly installed pilot's collective stick, 
pilot's cyclic stick, and co-pilot's cyclic stick. These actions are 
intended to prevent detachment of the cyclic or collective control 
stick, and subsequent loss of control of the helicopter.

DATES: This AD becomes effective December 26, 2012 to all persons 
except those persons to whom it was made immediately effective by 
Emergency AD 2012-21-52, issued on October 23, 2012, which contained 
the requirements of this AD.
    We must receive comments on this AD by February 8, 2013.

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, 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 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. 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: Robert Grant, Aviation Safety 
Engineer,

[[Page 73274]]

Safety Management Group, FAA, 2601 Meacham Blvd., Fort Worth, Texas 
76137; telephone 817-222-5328; 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

    On October 23, 2012, we issued Emergency AD 2012-21-52, which 
requires inspecting the pilot's and co-pilot's collective and cyclic 
control sticks for correctly installed attaching hardware, and 
reinstalling the affected stick before further flight if the hardware 
is not correct. The European Aviation Safety Agency (EASA), which is 
the Technical Agent for the Member States of the European Union, issued 
EASA AD No. 2012-0213-E, dated October 16, 2012, to correct an unsafe 
condition for certain Agusta Model AW139 helicopters. EASA advises that 
an incident of an incorrectly installed pilot's collective stick, 
pilot's cyclic stick, and co-pilot's cyclic stick was reported. This 
condition, if not detected and corrected, could lead to in-flight 
detachment of the cyclic or collective sticks and subsequent loss of 
control of the helicopter.

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 the same type design.

Related Service Information

    Agusta has issued Bollettino Tecnico (BT) No. 139-308, dated 
October 16, 2012. The BT describes procedures to inspect the pilot's 
and co-pilot's collective and cyclic sticks for the correct 
installation of bolts, washers, self-locking nuts, cotter pins, ring 
nuts, and quick-release pins. If any collective or cyclic stick is 
incorrectly installed, the BT requires reinstalling the affected 
control stick.

AD Requirements

    This AD requires, within 5 hours time-in-service (TIS):
     Inspecting the pilot collective and cyclic control sticks 
for the correct installation of the attachment bolts, washers, self-
locking nuts, and cotter pins. If the installed hardware is not as 
prescribed in this AD, before further flight, reinstalling the pilot 
collective or cyclic control stick.
     Inspecting the co-pilot collective and cyclic control 
sticks for the correct installation of the ring nuts and quick-release 
pins. If the installed hardware is not as prescribed in this AD, before 
further flight, reinstalling the co-pilot collective or cyclic control 
stick.

Differences Between This AD and the EASA AD

    The EASA AD allows compliance within 1 week or 5 flight-hours; this 
AD requires compliance within 5 hours TIS.

Costs of Compliance

    We estimate that this AD will affect 45 helicopters of U.S. 
Registry. We estimate that operators may incur the following costs in 
order to comply with this AD. Inspecting the pilot's and co-pilot's 
collective and cyclic stick installation will require about 1 work-hour 
at an average labor rate of $85 per hour, for a cost per helicopter of 
$85 and a cost to U.S. operators of $3,825.
    Reinstalling a cyclic or collective stick will require about 1 
work-hour, at an average labor rate of $85 per hour, for a cost per 
helicopter of $85.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting 
these AD requirements would delay implementing the safety actions 
needed to correct this known unsafe condition. Therefore, we found and 
continue to find that the risk to the flying public justifies waiving 
notice and comment prior to the adoption of this rule because the 
previously described unsafe condition can adversely affect the 
controllability of the helicopter and the required corrective actions 
must be accomplished within 5 hours TIS.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment before issuing this AD 
were impracticable and contrary to the public interest and good cause 
existed to make the AD effective immediately by Emergency AD 2012-21-
52, issued on October 23, 2012 to all known U.S. owners and operators 
of these helicopters. These conditions still exist and the AD is hereby 
published in the Federal Register as an amendment to section 39.13 of 
the Federal Aviation Regulations (14 CFR 39.13) to make it effective to 
all persons.

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);

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    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.
    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):

2012-21-52 Agusta S.P.A. Helicopters (Type Certificate Currently 
Held By AgustaWestland S.P.A.) (Agusta): Amendment 39-17281; Docket 
No. FAA-2012-1135; Directorate Identifier 2012-SW-097-AD.

(a) Applicability

    This AD applies to Agusta Model AW139 helicopters, serial 
numbers (S/N) 41201 through 41310, except S/N 41290, 41291, 41292, 
41302, 41304, 41305, 41306, and 41309, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as an incorrectly installed 
cyclic and collective control stick, detachment of the cyclic or 
collective control stick, and subsequent loss of control of the 
helicopter.

(c) Effective Date

    This AD becomes effective December 26, 2012 to all persons 
except those persons to whom it was made immediately effective by 
Emergency AD 2012-21-52, issued on October 23, 2012, which contained 
the requirements of this AD.

(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

    Within 5 hours time-in-service (TIS):
    (1) Inspect the pilot collective stick installation to determine 
whether the self-locking nuts, part-number (P/N) MS17825-4, are 
secured with cotter pins, P/N MS24665-136, as depicted in Figure 1 
to paragraph (e) of this AD. If the self-locking nuts are not 
secured with cotter pins, before further flight, reinstall the pilot 
collective stick.
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    (2) Inspect the co-pilot collective stick installation to 
determine whether the ring nut (item 2) is loose and the quick-
release pin (item 3) is installed as depicted in Figure 2 to 
paragraph (e) of this AD. If the ring nut is loose or the quick-
release pin is not installed, before further flight, reinstall the 
co-pilot collective stick.

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[GRAPHIC] [TIFF OMITTED] TR10DE12.001

    (3) Inspect the pilot cyclic stick installation for proper 
installation of the bolt (item 3), washer (item 4), self-locking nut 
(item 7), washer (item 6), and the cotter pin (item 8), as depicted 
in Figure 3 to paragraph (e) of this AD. If the pilot cyclic stick 
is not installed as depicted, before further flight, reinstall the 
pilot cyclic stick.

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[GRAPHIC] [TIFF OMITTED] TR10DE12.002

    (4) Inspect the co-pilot cyclic stick installation to determine 
whether the ring nut (item 1) is loose and the quick-release pin 
(item 5) is installed as depicted in Figure 4 to paragraph (e) of 
this AD. If the ring nut is loose or the quick-release pin is not 
installed as depicted, before further flight, reinstall the co-pilot 
cyclic stick.

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[GRAPHIC] [TIFF OMITTED] TR10DE12.003

(f) Special Flight Permits

    Special flight permits will not be issued.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Robert Grant, Aviation Safety 
Engineer, Safety Management Group, FAA, 2601 Meacham Blvd., Fort 
Worth, Texas 76137; telephone 817-222-5328; 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.

(h) Additional Information

    (1) Agusta Bollettino Tecnico No. 139-308, dated October 16, 
2012, which is not incorporated by reference, contains additional 
information about the subject of this AD. For a copy of the service 
information referenced 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-bulletins. You may review a copy of the service information at the 
FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham 
Blvd., Room 663, Fort Worth, Texas 76137.
    (2) The subject of this AD is discussed in European Aviation 
Safety Agency AD No. 2012-0213-E, dated October 16, 2012.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 2700: Flight 
Controls.

    Issued in Fort Worth, Texas, on December 3, 2012.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-29716 Filed 12-7-12; 8:45 am]
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