[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Rules and Regulations]
[Pages 67015-67017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26048]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0529; Directorate Identifier 2011-SW-050-AD; 
Amendment 39-17648; AD 2013-22-16]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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[[Page 67016]]

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Agusta S.p.A. (Agusta) Model AW139 helicopters. This AD requires 
replacing certain solder splices in the co-pilot audio system. This AD 
was prompted by the discovery of improper installation of solder 
splices on the co-pilot audio system causing intermittent noise through 
the audio system during flight. The actions of this AD are intended to 
prevent degradation and complete loss of communications between the 
pilot and co-pilot during flight, impairing the co-pilot's capability 
to react immediately to operational difficulties, which could lead to 
subsequent loss of control of the helicopter.

DATES: This AD is effective December 13, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of December 13, 
2013.

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 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 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 European Aviation Safety 
Agency (EASA) 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: John VanHoudt, Aerospace Engineer, 
FAA, Rotorcraft Directorate, Regulations and Policy Group, 2601 Meacham 
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5110, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    On May 22, 2012, at 77 FR 30236, the Federal Register published our 
notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR 
part 39 by adding an AD that would apply to certain Agusta AW139 
helicopters. The NPRM proposed to require within 500 hours time-in-
service (TIS) or six months or when an ``AVIONICS FAULT'' crew alerting 
system (CAS) message is displayed, whichever occurs first, replacing 
all solder splices in the co-pilot audio system. The proposed 
requirements were intended to prevent degradation and complete loss of 
communications between the pilot and co-pilot during flight, impairing 
the co-pilot's capability to react immediately to operational 
difficulties, which could lead to subsequent loss of control of the 
helicopter.
    The NPRM was prompted by AD No. 2011-0140, dated July 20, 2011, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union. EASA issued AD No. 2011-0140 to correct an unsafe 
condition for certain Agusta AW139 helicopters. EASA advises that some 
occurrences of intermittent noise in the co-pilot audio system have 
been reported. The technical investigation carried out by Agusta showed 
that some of the solder splices on the audio panel were the possible 
cause of these malfunctions. This condition, if not detected and 
corrected, could impair the co-pilot's capability to react immediately 
to operational difficulties. The EASA AD requires inspecting the solder 
splices and related wires for their condition and for proper 
installation, and if required, replacing the solder splices.

Comments

    After our NPRM (77 FR 30236, May 22, 2012) was published, we 
received comments from four commenters.

Request

    One commenter requested we include a statement that previous 
compliance with Agusta Bollettino Tecnico No. 139-249 fulfills the 
requirements of the proposed AD. We disagree that compliance with this 
service information will always fulfill the requirements of this AD. 
The service information only requires the replacement of damaged 
splices, while this AD requires the replacement of all solder splices. 
We have made a minor change to the language of paragraph (e) to clarify 
this requirement.
    Three commenters expressed support for proposed changes to the 
living history flight experience regulations. These comments appear to 
have been posted in error in this docket as they are not relevant to 
the NPRM (77 FR 30236, May 22, 2012).

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, reviewed the relevant information, considered the comments 
received, and determined the unsafe condition exists and is likely to 
exist or develop on other helicopters of these same type designs and 
that air safety and the public interest require adopting the AD 
requirements as proposed except for minor editorial changes in 
paragraph (e) to clarify the intent of that paragraph. These minor 
editorial changes are consistent with the intent of the proposals in 
the NPRM (77 FR 30236, May 22, 2012) 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 requires performing a visual inspection and manual 
pull-test of the solder splices, while this AD does not. The EASA AD 
requires that damaged or defective splices be replaced, while this AD 
requires the replacement of all splices with a part number listed in 
the service information. The EASA AD requires compliance within 600 
flight hours or 6 months, while this AD requires compliance within 500 
hours TIS or 5 months.

Related Service Information

    Agusta has issued Bollettino Tecnico (BT) No. 139-249, dated July 
13, 2011 (BT 139-249), which specifies performing an inspection and 
manual pull-test of the solder splices and replacing any splices which 
fail the inspection or pull-test. EASA classified this BT as mandatory 
and issued 2011-0140 to ensure the continued airworthiness of these 
helicopters.

Costs of Compliance

    We estimate that this AD will affect 32 helicopters of U.S. 
Registry. We estimate that operators may incur the following costs in 
order to comply with this AD. Replacing the solder splices will require 
approximately 110 work-hours at an average labor cost of $85 per

[[Page 67017]]

hour and required parts will cost $200, for a total cost to the 
operator of $9,550 and a total cost to the U.S. operator fleet of 
$305,600.

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 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):

2013-22-16 Agusta S.P.A. (Type Certificate Currently Held By 
Agustawestland) Helicopters: Amendment 39-17648; Docket No. FAA-
2012-0529; Directorate Identifier 2011-SW-050-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. Model AW139 helicopters, serial 
numbers 31248, 31249, 41001 through 41023, 41201 through 41234, 
41236, 41237 through 41255 (except 41240, 41242, 41246, 41249, 
41251, and 41252), and 41257, certificated in any category.

 (b) Unsafe Condition

    This AD defines the unsafe condition as intermittent noise 
through the audio system during flight caused by improper 
installation of solder splices on the co-pilot's audio panel. This 
condition could result in degradation and complete loss of 
communications between the pilot and co-pilot during flight, 
impairing the co-pilot's capability to react immediately to 
operational difficulties, which could lead to subsequent loss of 
control of the helicopter.

(c) Effective Date

    This AD becomes effective December 13, 2013.

(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 Action

    Within 500 hours time-in-service or 5 months, or in the event of 
an AVIONICS FAULT crew alerting system (CAS) message, whichever 
occurs first, replace each co-pilot audio panel solder splice listed 
in Tables 1 and 2 of Agusta Bollettino Tecnico No. 139-249, dated 
July 13, 2011 (BT), by following the procedures in paragraphs 7.1 
through 7.11. and Figures 12, 14, and 15 of the BT.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: John VanHoudt, Aerospace 
Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group, 
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 (EASA) AD No. 2011-0140, dated July 20, 2011. You may 
view the EASA AD on the Internet at http://www.regulations.gov in 
Docket No. FAA-2012-0529.

(h) Subject

    Joint Aircraft System Component (JASC) Code: 2397: 
Communications System Wiring.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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) Agusta Bollettino Tecnico No. 139-249, dated July 13, 2011.
    (ii) Reserved.
    (3) For Agusta 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.
    (4) You may view this service information at FAA, Office of the 
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137. For information on the availability of this 
material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference 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/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on October 25, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-26048 Filed 11-7-13; 8:45 am]
BILLING CODE 4910-13-P