[Federal Register Volume 79, Number 159 (Monday, August 18, 2014)]
[Proposed Rules]
[Pages 48698-48700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19495]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0579; Directorate Identifier 2014-SW-020-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 supersede airworthiness directive (AD) 2014-04-
14 for AgustaWestland Model A109S, AW109SP, A119, and AW119 MKII 
helicopters. AD 2014-04-14 currently requires removing certain rod end 
assemblies from service because of reports of fractures. Since we 
issued AD 2014-04-14, additional fractured rod end assemblies have been 
reported. This proposed AD would retain the requirements of AD 2014-04-
14 but expand the scope of applicable rod end assemblies. These 
proposed actions are intended to prevent failure of a rod end assembly, 
which could result in damage to the main rotor assembly and loss of 
control of the helicopter.

DATES: We must receive comments on this proposed AD by October 17, 
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.

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 European 
Aviation Safety Agency (EASA) AD, the economic evaluation, any comments 
received and other

[[Page 48699]]

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 
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 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 rulemaking. 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

    On March 3, 2014, we published AD 2014-04-14, Amendment 39-17773 
(79 FR 11699) for 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 P/N M004-01H007-045, with a serial number from 84 through 132 or 
from 4964 through 5011. AD 2014-04-14 requires removing the applicable 
rod end assemblies from service. AD 2014-04-14 was prompted by AD No. 
2012-0208, dated October 5, 2012, issued by EASA, which is the 
Technical Agent for the Member States of the European Union, to correct 
an unsafe condition for AgustaWestland Model A109LUH, A109S, AW109SP, 
A119, and AW119 MKII helicopters. EASA advises that cases of in-flight 
fractures of rod end assembly, 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. The actions of AD 2014-04-14 were intended to 
prevent such damage and loss of control of the helicopter.

Actions Since AD 2014-04-14 Was Issued

    Between the time we published the NPRM for AD 2014-04-14 (78 FR 
44042, July 23, 2013) and the Final Rule for AD 2014-04-14 (79 FR 
11699, March 3, 2014), EASA issued AD No. 2013-0290, dated December 9, 
2013. EASA advises in AD No. 2013-0290 that a new case of a fractured 
rod end assembly has been reported. According to EASA, an investigation 
concluded that additional batches of rod end assembly P/N M004-01H007-
041 and P/N M004-01H007-045, as well as batches of P/N 109-0112-11-101 
and P/N 109-0112-22-105, could be affected by cracks. EASA consequently 
expanded the applicability of its AD to include the additional rod end 
assemblies.
    This proposed AD would retain the requirements of AD 2014-04-14 but 
expand the scope of applicable rod end assemblies. We also propose to 
add a provision in the Required Actions section to clarify that the AD 
must be complied with if the rod end assembly is removed during 
maintenance before 25 hours time-in-service (TIS).

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

    We reviewed AgustaWestland's 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 A119 and AW119 MKII 
helicopters. All of the BTs are revision A, and dated December 3, 2013. 
The BTs specify a one-time inspection of each rod end assembly 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

    This proposed AD would require removing the applicable rod end 
assemblies from service within 25 hours TIS or the next time 
maintenance of the helicopter involves removing the rod end assembly, 
whichever occurs first. The proposed AD would also prohibit installing 
the applicable rod end assemblies on any helicopter.

Differences Between This Proposed AD and the EASA AD

    The EASA AD calls for replacing certain rod end assemblies with 
airworthy rod end assemblies within 25 hours TIS, 2 months, or the next 
time maintenance of the applicable helicopters involves removing the 
rod end assembly. This proposed AD would not have a calendar time 
requirement. The EASA AD applies to AgustaWestland Model A109LUH 
helicopters. This proposed AD would not apply to Model A109LUH 
helicopters because that model does not have a U.S. type certificate.

Costs of Compliance

    We estimate that this proposed AD would affect 91 helicopters of 
U.S. 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 cost $3,918 for a total cost of $4,046 
per helicopter, $368,186 for the U.S. fleet.

[[Page 48700]]

    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 removing Airworthiness Directive (AD) 
2014-04-14, Amendment 39-17773 (79 FR 11699, March 3, 2014), and adding 
the following new AD:

Agusta S.p.A. Helicopters (Type Certificate Currently Held By 
AgustaWestland S.p.A) (AgustaWestland): Docket No. FAA-2014-0579; 
Directorate Identifier 2014-SW-020-AD.

(a) Applicability

    This AD applies to the following helicopters, certificated in 
any category:
    (1) AgustaWestland Model A109S and AW109SP helicopters, with a 
main rotor lag damper assembly (lag damper), part number (P/N) 109-
0112-39-103 or 109-0112-39-105, installed on rod end assembly, P/N 
M004-01H007-041 with a serial number (S/N) 1 through 202; or rod end 
assembly, P/N M004-01H007-045 with a S/N 1RW through 202RW or 4964 
through 5011.
    (2) AgustaWestland Model A119 and AW119 MKII helicopters, with a 
lag damper, P/N 109-0112-05-105 or 109-0112-05-107, installed on rod 
end assembly, P/N 109-0112-11-101 with a S/N 1 through 78; or rod 
end assembly, P/N 109-0112-11-105 with a S/N 1RW through 78RW; or 
rod end assembly, P/N M004-01H007-045 with a S/N 1RW through 202RW 
or 4964 through 5011.

(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) Affected ADs

    This AD supersedes AD 2014-04-14, amendment 39-17773 (79 FR 
11699, March 3, 2014).

(d) Comments Due Date

    We must receive comments by October 17, 2014.

(e) 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.

(f) Required Actions

    (1) Within 25 hours time-in-service or the next time maintenance 
of the helicopter involves removing the rod end assembly, whichever 
occurs first, remove the rod end assembly from service.
    (2) Do not install a rod end assembly, P/N M004-01H007-041 with 
a S/N 1 through 202; P/N M004-01H007-045 with a S/N 1RW through 
202RW or 4964 through 5011; P/N 109-0112-11-101 with a S/N 1 through 
78; or P/N 109-0112-11-105 with a S/N 1RW through 78RW, on any 
helicopter.

(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) 222-5110; 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.

(h) Additional Information

    (1) AgustaWestland's Bollettino Tecnico (BT) No. 109S-49, BT No. 
109SP-052, and BT No. 119-50, all Revision A, and all dated December 
3, 2013, which are not incorporated by reference, contain additional 
information about the subject of this AD. 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 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 addressed in European Aviation 
Safety Agency (EASA) AD No. 2013-0290, dated December 9, 2013. You 
may view the EASA AD on the Internet at http://www.regulations.gov 
in Docket No. FAA-2014-0579.

 (i) Subject

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

     Issued in Fort Worth, Texas, on August 8, 2014.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft 
Certification Service.
[FR Doc. 2014-19495 Filed 8-15-14; 8:45 am]
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