[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Rules and Regulations]
[Pages 45329-45332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18298]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0478; Directorate Identifier 2014-SW-017-AD; 
Amendment 39-17902; AD 2014-07-51]
RIN 2120-AA64


Airworthiness Directives; AgustaWestland 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 publishing a new airworthiness directive (AD) for 
certain AgustaWestland S.p.A. Model AB139 and AW139 helicopters. This 
AD requires repetitively inspecting the Main Rotor (M/R) Rotating 
Scissors for play of the Lower Half Scissor Spherical Bearing (bearing) 
and removing the bearing if there is play beyond allowable limits. This 
AD also requires removing all affected bearings. This AD is prompted by 
reports of certain bearings dislodging from certain M/R Rotating 
Scissors. These actions are intended to detect excessive play of the 
bearing and prevent failure of the M/R Rotating Scissors and subsequent 
loss of control of the helicopter.

DATES: This AD becomes effective August 20, 2014 to all persons except 
those persons to whom it was made immediately effective by Emergency AD 
(EAD) No. 2014-07-51, issued on March 27, 2014, which contains the 
requirements of this AD.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of August 20, 2014.
    We must receive comments on this AD by October 6, 2014.

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.

[[Page 45330]]

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 (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, Product Support Engineering, Via del Gregge, 100, 21015 
Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; telephone 39-0331-
664757; fax 39-0331-664680; or at http://www.agustawestland.com/technical-bulletins. 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

    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 March 27, 2014, we issued EAD No. 2014-07-51, which requires 
repetitively inspecting the M/R Rotating Scissors for play of the 
bearing every 5 hours time-in-service (TIS) and, if there is play 
beyond allowable limits, removing the affected bearing and re-
identifying the M/R Rotating Scissors. The EAD also requires removing 
all affected bearings within 50 hours TIS. The EAD was prompted by 
reports of certain bearings dislodging from certain M/R Rotating 
Scissors. The EAD was sent previously to all known U.S. owners and 
operators of these helicopters.
    EAD No. 2014-07-51 was prompted by EAD No. 2014-0073-E, dated March 
20, 2014, issued by EASA, which is the Technical Agent for the Member 
States of the European Union, to correct an unsafe condition for 
AgustaWestland S.p.A. Model AB139 and AW139 helicopters. EASA advises 
of reports of the dislodging of bearings, part number (P/N) 
3G6230V00654, that were installed on M/R Rotating Scissors, P/N 
3G6230A00733. EASA also states that as a result of the investigations 
accomplished by the supplier of the bearings, it was determined that a 
quality issue might have affected the production of the bearings. EASA 
advises that the condition, if not detected and corrected, could lead 
to loss of control of the helicopter. The EASA EAD requires repetitive 
inspections of certain M/R Rotating Scissors, P/N 3G6230A00733, that 
have been manufactured or repaired with the installation of certain 
potentially defective bearings, P/N 3G6230V00654. The EASA EAD also 
requires replacement of the affected bearings, or as an alternative, 
replacement of the M/R Rotating Scissors with an affected bearing, 
which constitutes terminating action for the repetitive inspections 
required by the EAD.
    This final rule makes the requirements of EAD No. 2014-07-51, 
issued March 27, 2014, effective to all parties except those to whom 
they were made immediately effective through EAD 2014-07-51. This AD 
contains the requirements of EAD 2014-07-51 with minor editorial 
changes to revise the references to ``the Applicability section of this 
EAD'' in paragraphs (e)(3), (e)(4), and (e)(5) of this AD to 
``paragraph (a) of this AD.'' These minor editorial change are 
consistent with the requirements of the EAD and do not increase the 
economic burden on any operator.

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

    AgustaWestland issued Bollettino Tecnico No. 139-368, dated March 
19, 2014 (BT), for Model AB139 and AW139 helicopters with certain 
serial numbered (S/Ned) M/R Rotating Scissors, P/N 3G6230A00733; or M/R 
Rotating Scissors, P/N 3G6230A00733, which have been repaired with the 
installation of certain S/Ned bearings, P/N 3G6230V00654. The BT also 
applies to affected parts kept in stock. The BT was issued to identify 
and replace potentially defective bearings caused by a supplier quality 
issue. The BT also establishes an interim inspection schedule to reduce 
impact on operations.
    We also reviewed AgustaWestland AW139 Document Code 39-C-62-31-00-
00A-286C-A, issue 001, dated August 6, 2012, for Model AB139 and AW139 
helicopters to specify the detailed inspection of the fixed swashplate 
and rotating scissors.

AD Requirements

    This AD requires, within 5 hours TIS and thereafter at intervals 
not to exceed 5 hours TIS, inspecting the M/R Rotating Scissors for 
play of the bearing. If there is play, this AD requires, before further 
flight, a more detailed inspection of the M/R Rotating Scissors. If the 
detailed inspection results determine the play is beyond allowable 
limits, this AD requires, before further flight, removing the bearing 
and re-identifying the M/R Rotating Scissors. This AD also requires, 
within 50 hours TIS, removing any affected bearing.

Costs of Compliance

    We estimate that this AD will affect 102 helicopters of U.S. 
Registry. We estimate that operators may incur the following costs in 
order to comply with this AD. Labor costs are estimated at $85 per 
work-hour. Inspecting the M/R Rotating Scissors for play of the bearing 
requires a minimal amount of time, for a nominal cost per inspection. 
Performing the detailed inspection of the M/R Rotating Scissors 
requires about

[[Page 45331]]

1 work-hour, for a cost of $85 per inspection. Removing a bearing 
requires about 2 work-hours, for a labor cost of $170 per bearing. 
Parts for replacing one bearing cost $808, for a total replacement cost 
of $978 per bearing, or $99,756 for the U.S. fleet.
    According to AgustaWestland's service information, some of the 
costs of this AD may be covered under warranty, thereby reducing the 
cost impact on affected individuals. We do not control warranty 
coverage by AgustaWestland. Accordingly, we have included all costs in 
our cost estimate.

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 and 50 hours TIS, a short time 
period based on the average flight-hour utilization rate of these 
helicopters.
    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 public interest and good cause 
existed to make the AD effective immediately by EAD No. 2014-07-51, 
issued on March 27, 2014, to all known U.S. owners and operators of 
these helicopters. These conditions still exist and the AD is hereby 
published, with a minor editorial change, 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);
    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):

2014-07-51 AgustaWestland S.p.A. (Agusta): Amendment 39-17902; 
Docket No. FAA-2014-0478; Directorate Identifier 2014-SW-017-AD.

(a) Applicability

    This AD applies to the following Agusta Model AB139 and AW139 
helicopters, certificated in any category:
    (1) For helicopters with Main Rotor (M/R) Rotating Scissors, 
part number (P/N) 3G6230A00733, with serial numbers (S/Ns) listed in 
Table 1 of AgustaWestland Bollettino Tecnico No. 139-368, dated 
March 19, 2014 (BT 139-368), on which the Lower Half Scissors 
Spherical Bearing (bearing), P/N 3G6230V00654, was not replaced; and
    (2) For helicopters with M/R Rotating Scissors, P/N 
3G6230A00733, on which the bearing, P/N 3G6230V00654, was replaced 
with a bearing with a S/N listed in Table 2 of BT 139-368.

(b) Unsafe Condition

    This AD defines the unsafe condition as excessive play of the 
bearing in the M/R Rotating Scissors. This condition could result in 
failure of the M/R Rotating Scissors and subsequent loss of control 
of the helicopter.

(c) Effective Date

    This AD becomes effective August 20, 2014 to all persons except 
those persons to whom it was made immediately effective by Emergency 
AD (EAD) No. 2014-07-51, issued on March 27, 2014, which contains 
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

    (1) Within 5 hours time-in-service (TIS) and thereafter at 
intervals not to exceed 5 hours TIS, inspect the M/R Rotating 
Scissors for play of the bearing in accordance with paragraph 4. of 
Part I, Compliance Instructions, of BT 139-368.
    (2) If there is play, before further flight, accomplish a 
detailed inspection of the M/R Rotating Scissors in accordance with 
steps 9.1 through 12.9 of AgustaWestland AW139 Document Code 39-C-
62-31-00-00A-286C-A, Rotating control installation--Fixed swashplate 
and rotating scissors--Detailed inspection, issue 001, dated August 
6, 2012. If there is play beyond allowable limits, before further 
flight, remove the bearing.
    (3) Within 50 hours TIS, remove any bearing listed in paragraph 
(a) of this AD.
    (4) Prior to installing a M/R Rotating Scissors with a S/N 
listed in paragraph (a) of this AD, replace the bearing and re-
identify the M/R Rotating Scissors in accordance with paragraphs 
4.2. through 4.4. of Part II, Compliance Instructions, of BT 139-
368.
    (5) Do not install a bearing listed in paragraph (a) of this AD 
into any M/R Rotating Scissors.

(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

[[Page 45332]]

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) EAD No. 2014-0073-E, dated March 20, 2014. You may 
view the EASA EAD on the Internet at http://www.regulations.gov in 
Docket No. FAA-2014-0478.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6200, M/R System.

(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. 139-368, dated March 
19, 2014.
    (ii) AgustaWestland AW139 Document Code 39-C-62-31-00-00A-286C-
A, Rotating control installation--Fixed swashplate and rotating 
scissors--Detailed inspection, issue 001, dated August 6, 2012.
    (3) For AgustaWestland service information identified in this 
AD, contact AgustaWestland, Product Support Engineering, Via del 
Gregge, 100, 21015 Lonate Pozzolo (VA) Italy, ATTN: Maurizio 
D'Angelo; telephone 39-0331-664757; fax 39 0331-664680; or at http://www.agustawestland.com/technical-bulletins.
    (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 July 11, 2014.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-18298 Filed 8-4-14; 8:45 am]
BILLING CODE 4910-13-P