[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Proposed Rules]
[Pages 44042-44043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17617]



[[Page 44042]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0643; Directorate Identifier 2012-SW-096-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
AgustaWestland Model A109S, AW109SP, A119, and AW119 MKII helicopters 
to require removing certain rod end assemblies from service. This 
proposed AD is prompted by reports of fractures on the rod end 
assemblies that could damage the main rotor assembly and lead to loss 
of control of the helicopter.

DATES: We must receive comments on this proposed AD by September 23, 
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 proposed AD, the economic 
evaluation, the foreign authority's AD, 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 proposed 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: Robert Grant, Aviation Safety 
Engineer, Safety Management Group, FAA, 2601 Meacham Blvd., Fort Worth, 
Texas 76137; telephone 817-222-5110; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    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 might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, 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 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 proposed rule. Before acting on this proposal, we will 
consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

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. 2012-0208, dated October 5, 2012, to correct an unsafe condition 
for the AgustaWestland Model A109LUH, A109S, AW109SP, A119, and AW119 
MKII helicopters. EASA advises that cases of in-flight fractures of rod 
end assembly, part number (P/N) M004-01H007-045, installed on main 
rotor lag dampers have been reported on Model A109LUH and AW109SP 
helicopters. An investigation revealed that two batches of rod end 
assemblies, P/N M004-01H007-041 and M004-01H007-045, could have cracks, 
according to EASA. EASA states that this condition, if not corrected, 
could lead to main rotor damage, possibly resulting in 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 its AD. We are 
proposing this AD because we evaluated all known relevant information 
and determined that an unsafe condition is likely to exist or develop 
on other products of the same type design.

Related Service Information

    AgustaWestland issued Bollettino Tecnico (BT) No. 109S-49 for Model 
A109S helicopters, BT No. 109SP-052 for Model AW109SP helicopters, and 
BT No. 119-50 for Model AW119 and AW119 MKII helicopters. All of the 
BTs are dated October 3, 2012. The BTs specify a one-time inspection of 
each rod end assembly, P/Ns M004-01H007-041 and M004-01H007-045, to 
determine its serial number. The BTs then require removal from service 
of certain serial-numbered rod end assemblies because fractures had 
been reported on rod ends in these batches. According to the BTs, no 
one was injured in the helicopters and no helicopters were damaged 
because of these fractures.

Proposed AD Requirements

    Within 25 hours time-in-service (TIS), this proposed AD would 
require removing each affected rod end assembly from service.

Differences Between This Proposed AD and the EASA AD

    EASA requires compliance with the inspection and removal of any 
affected parts from service within 25 hours flight hours or three 
months. We propose to require removal of the affected parts from 
service within 25 hours TIS. The EASA AD applies to AgustaWestland 
Model A109LUH, and this proposed AD would not because that model has no 
U.S. type certificate.

Costs of Compliance

    We estimate that this proposed AD would affect 91 helicopters of 
U.S.

[[Page 44043]]

Registry and that labor costs average $85 a work-hour. Based on these 
estimates, we expect the following costs:
     Replacing a rod end assembly would require 1.5 work-hours 
for a labor cost of $128. Parts would cost $3,918 for a total cost of 
$4,046 per helicopter, $368,186 for the U.S. fleet.
    According to the manufacturer's service information, costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. We do not control warranty coverage by 
manufacturers. 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 proposed 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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 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);
    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 proposed 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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):

Agusta S.p.A. Helicopters (Type Certificate Currently Held By 
Agustawestland S.p.A) (AgustaWestland): Docket No. FAA-2013-0643; 
Directorate Identifier 2012-SW-096-AD.

(a) Applicability

    This AD applies to AgustaWestland Model A109S, AW109SP, A119, 
and AW119 MKII helicopters with a main rotor lag damper assembly 
(lag damper), part number (P/N) 109-0112-39-103, 109-0112-39-105, 
109-0112-05-105, or 109-0112-05-107, installed with a rod end 
assembly, P/N M004-01H007-041 or M004-01H007-045, with a serial 
number (S/N) 84 through 132, or 4964 through 5011, certificated in 
any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a rod end 
assembly, which could result in fracture of the rod end assembly, 
damage to the main rotor, and subsequent loss of control of the 
helicopter.

(c) 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.

(d) Required Actions

    (1) Within 25 hours time-in-service, remove the rod end assembly 
from service.
    (2) Do not install a rod end assembly, P/N M004-01H007-041 or 
M004-01H007-045, with a S/N 84 through 132 or 4964 through 5011, on 
any helicopter.

 (e) Special flight permit

    Special flight permits are prohibited.

(f) 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 817-222-5110; 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) AgustaWestland S.p.A. Helicopters Bollettino Tecnico No. 
109S-49, No. 109SP-052, and No. 119-50, all dated October 3, 2012, 
which are not incorporated by reference, contain additional 
information about the subject of this AD. 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.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency AD No. 2012-0208, dated October 5, 2012. You may view 
the EASA AD at http://www.regulations.gov by searching for and 
locating it in Docket No. FAA-2013-0643.

 (h) Subject

    Joint Aircraft Service Component (JASC) Code: 6200, Main Rotor 
System.

    Issued in Fort Worth, Texas, on July 17, 2013.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2013-17617 Filed 7-22-13; 8:45 am]
BILLING CODE 4910-13-P