[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Rules and Regulations]
[Pages 11697-11699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02153]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0886; Directorate Identifier 2008-SW-067-AD; 
Amendment 39-17738; AD 2014-03-01]
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 wire 
strike protection system (WSPS) top cable cutter assembly installed. 
This AD requires reworking or replacing the top cable cutter assembly 
to increase clearance between the WSPS and the main rotor (M/R) blades 
and requires that the reworked or replaced part be marked at the end of 
the part number to reflect the field modification. This AD was prompted 
by a report of in-flight contact between the top cable-cutter assembly 
and two M/R blades. The actions of this AD are intended to prevent 
damage to the M/R blades and subsequent loss of helicopter control.

DATES: This AD is effective April 7, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of April 7, 2014.

ADDRESSES: For service information identified in this AD, contact 
Agusta, Via Giovanni Agusta, 520 21017 Cascina Costa di Samarate (VA), 
Italy, telephone 39 0331-229111, fax 39 0331-229605/222595, or at 
http://customersupport.agusta.com/technical_-

[[Page 11698]]

advice.php. 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: Sharon Miles, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 222-5110; 
email [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    On August 29, 2012, at 77 FR 52270, 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 Agusta Model AB139 and 
AW139 helicopters with a WSPS top cable cutter assembly, part number 
(P/N) 423-83001-1, installed, which is part of the WSPS, P/N 
4G9540F00211 or P/N 4G9540F00311. The NPRM proposed to require 
reworking or replacing the top cable cutter assembly to increase 
clearance between the WSPS and the M/R blades. The proposed 
requirements were intended to prevent damage to the M/R blades and 
subsequent loss of helicopter control.
    On July 3, 2013, at 78 FR 40055, the Federal Register published our 
supplemental notice of proposed rulemaking (SNPRM), which proposed to 
revise some of the actions in the NPRM. The SNPRM proposed to require 
the same actions as the NPRM, but also proposed to require identifying 
the reworked or replaced top cable cutter assembly in a visible and 
permanent way by adding ``BT 139-126 Rev./'' or ``FAA'' at the end of 
the P/N.
    The NPRM and the SNPRM were prompted by AD No. 2008-0148, dated 
August 5, 2008, issued by EASA, which is the Technical Agent for the 
Member States of the European Union. The EASA AD advises of an incident 
of in-flight contact between the top cable cutter assembly and two M/R 
blades. This condition, if not corrected, could cause damage to the 
rotor blades and lead to loss of control of the helicopter, EASA 
advises. EASA further notes that this unsafe condition is likely to 
occur in other helicopters of the same type design, so the EASA AD 
requires that top cable cutter assembly, P/N 423-830001-1, be reworked 
or replaced with a new unit, P/N 3G9506P01431.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we received no comments on the SNPRM (78 FR 40055, July 3, 
2013) or NPRM (77 FR 52270, August 29, 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 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.

Related Service Information

    We reviewed Agusta Bollettino Tecnico No. 139-126, dated June 20, 
2008 (BT), which applies to Model AB139 and AW139 helicopters with 
certain serial-numbered WSPSs. The BT specifies, within 200 flight 
hours, reworking the top cable cutter assembly and marking it with ``BT 
139-126 Rev./'' in a visible and permanent manner. EASA classified this 
BT as mandatory and issued AD No. 2008-0148 to ensure the continued 
airworthiness of these helicopters.

Costs of Compliance

    We estimate that this AD affects about 39 helicopters of U.S. 
registry. We also estimate that it takes about 3 work-hours per 
helicopter to rework the top cable cutter assembly and to add ``BT 139-
126 Rev./'' or ``FAA'' at the end of the part number, 1 work-hour to 
replace the top cable cutter assembly, and 1 work-hour to remove the 
WSPS upper installation. The average labor rate is $85 per work-hour. 
Required parts cost about $9,000 per helicopter to replace the cutter. 
Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $255 per helicopter to rework the top cable cutter 
assembly, $9,085 per helicopter to replace the top cable cutter 
assembly, and $85 per helicopter to remove the WSPS.

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.

[[Page 11699]]

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):

2014-03-01 Agusta S.p.A. Helicopters: Amendment 39-17738; Docket No. 
FAA-2012-0886; Directorate Identifier 2008-SW-067-AD.

(a) Applicability

    This AD applies to Agusta Model AB139 and AW139 helicopters, 
with a wire strike protection system (WSPS) top cable cutter 
assembly, part number (P/N) 423-83001-1, installed, which is part of 
the WSPS, P/N 4G9540F00211 or P/N 4G9540F00311, certificated in any 
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as in-flight contact 
between the top cable cutter assembly and main rotor (M/R) blades. 
This condition could result in damage to the M/R blades and 
subsequent loss of helicopter control.

(c) Effective Date

    This AD becomes effective April 7, 2014.

(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) Within 200 hours time-in-service, remove the WSPS upper 
installation, P/N 4G9540A00111, including top cable cutter assembly, 
P/N 423-83001-1.
    (2) Before installing a WSPS upper installation, P/N 
4G9540A00111, either:
    (i) Rework the top cable cutter assembly, P/N 423-83001-1, in 
accordance with the Compliance Instructions, paragraph 3.1 through 
3.5, and Figure 1 of Agusta Bolletino Technico No. 139-126, dated 
June 20, 2008. Re-identify the top cable cutter assembly in a 
visible and permanent way by adding ``BT 139-126 Rev./'' or ``FAA'' 
at the end of the part number; or
    (ii) Replace the top cable cutter assembly, P/N 423-83001-1, 
with an airworthy top cable cutter assembly that has been reworked 
and re-identified in accordance with paragraph (e)(2)(i) of this AD.
    (3) Do not install a top cable cutter assembly, P/N 423-83001-1, 
on any helicopter unless it has been reworked and re-identified in 
accordance with paragraph (e)(2)(i) of this AD.

(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, TX 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

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD No. 2008-0148, dated August 5, 2008. You may view 
the EASA AD on the Internet at http://www.regulations.gov in Docket 
No. FAA-2012-0886.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 5320: Fuselage 
Miscellaneous Structure.

(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) Agusta Bolletino Technico No. 139-126, dated June 20, 2008.
    (ii) Reserved.
    (3) For Agusta service information identified in this AD, 
contact Agusta, Via Giovanni Agusta, 520 21017 Cascina Costa di 
Samarate (VA), Italy, telephone 39 0331-229111, fax 39 0331-229605/
222595, or at http://customersupport.agusta.com/technical_-
advice.php.
    (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 January 24, 2014.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-02153 Filed 2-28-14; 8:45 am]
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