[Federal Register Volume 79, Number 239 (Friday, December 12, 2014)]
[Rules and Regulations]
[Pages 73801-73803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28913]



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  Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / 
Rules and Regulations  

[[Page 73801]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0256; Directorate Identifier 2007-SW-01-AD; 
Amendment 39-18046; AD 2008-14-02 R1]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. (Agusta) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are revising Airworthiness Directive (AD) 2008-14-02 for 
Agusta Model AB139 and AW139 helicopters. AD 2008-14-02 required 
inspecting the fuselage frame to detect fatigue cracks which could lead 
to structural failure and subsequent loss of control of the helicopter. 
Since we issued AD 2008-14-02, Agusta developed a frame reinforcement 
modification, which supports extending the interval for inspecting the 
fuselage frame for a fatigue crack. This new AD requires inspecting the 
fuselage frame for a crack and reduces the applicability from AD 2008-
14-02 to exclude helicopters with the frame reinforcement modification. 
The actions of this AD are intended to detect a fatigue crack that 
could result in failure of the fuselage frame and subsequent loss of 
control of the helicopter.

DATES: This AD is effective January 16, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of August 14, 2008 
(73 FR 39572, July 10, 2008).

ADDRESSES: 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.

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, Texas 76137; telephone (817) 222-5110; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to revise AD 2008-14-02, Amendment 39-15597 (73 FR 39572, July 
10, 2008) (AD 2008-14-02), for Agusta Model AB 139 and AW 139 
helicopters. The NPRM published in the Federal Register on July 8, 2013 
(78 FR 40640). The NPRM proposed to retain all requirements of AD 2008-
14-02 but remove from the applicability section any helicopter modified 
by installing structural reinforcement skins in accordance with Agusta 
Bollettino Tecnico No. 139-089, dated February 19, 2010 (BT 139-089). 
The NPRM proposed to continue to require initially inspecting the 
fuselage frame 5700 middle section within 10 hours time-in-service 
(TIS), or upon accumulating 100 hours TIS since new, whichever occurs 
later, for a crack. The NPRM also proposed to continue to require 
repeating this inspection at intervals not exceeding 100 hours TIS, 
and, if there is a crack, before further flight, repairing the crack in 
accordance with FAA-approved procedures.
    The NPRM was prompted by AD No. 2006-0357R1, dated April 22, 2010, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union, to correct an unsafe condition for Agusta Model AB 
139 and AW 139 helicopters. EASA advised that tests have shown that the 
Agusta AB/AW 139's fuselage frame 5700 middle section is prone to 
fatigue damage. EASA issued AD No. 2006-0357R1 to revise EASA AD No. 
2006-0357, dated November 29, 2006, by removing Agusta Model AB139 and 
AW139 helicopters modified with the structural reinforced frames from 
the applicability requirements of the fatigue crack inspection.

Comments

    After our NPRM (78 FR 40640, July 8, 2013), was published, we 
received a comment from one commenter.

Request

    One commenter requested that the Applicability section include an 
exception for Agusta Model AB139 and AW139 helicopters with Main Cabin 
serial numbers (S/Ns) ``TA1721 and subsequent,'' and ``PZL219 and 
subsequent.'' The commenter proposed this change because the specified 
helicopters have left-hand (LH) frame station 5700 part number (P/N) 
3P5338A13354 and right-hand (RH) frame station 5700 P/N 3P5338A13454 
installed.
    We disagree that such a change is necessary. Paragraph (a) of the 
AD states that it does not apply to helicopters with LH frame station 
5700, P/N 3P5338A13354, and RH frame station 5700, P/N 3P5338A13454, 
installed. Thus, helicopters with the specified main cabin S/Ns are 
already excepted from the applicability of this AD.

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

[[Page 73802]]

because we evaluated all information provided by EASA, reviewed the 
relevant information, considered the comment 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 we have correctly stated the design holder's name as Agusta 
S.p.A. instead of AgustaWestland S.p.A. as specified by the current FAA 
type certificate. This change is consistent with the intent of the 
proposals in the NPRM (78 FR 40640, July 8, 2013) 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 contacting the type certificate (TC) holder 
for further instructions if damage or a crack is found; this AD 
requires repairing the crack, before further flight, with FAA-approved 
procedures with no requirement to contact the TC holder. The EASA AD 
also excludes helicopters with S/Ns 31002, 31003, 31004, and 31007; 
whereas, this AD does not.

Related Service Information

    Agusta issued Bollettino Tecnico No. 139-018, Revision B, dated 
October 18, 2006, which specifies inspection procedures for the middle 
section frame 5700 for all Model AB139 and AW139 helicopters except S/
Ns 31002, 31003, 31004, and 31007. Subsequently, Agusta issued BT 139-
089, which describes procedures for installing carbon fiber structural 
reinforcement skins at frame station 5700 for two part-numbered 
fuselage frames and for one frame station 3900 fuselage frame. Once the 
fuselage frames have been modified in accordance with BT 139-089, the 
inspection interval of Mandatory Inspection Task MI53-12 may be 
extended.

Costs of Compliance

    We estimate this AD affects 33 helicopters of U.S. Registry. We 
estimate that operators may incur the following costs in order to 
comply with this AD. It will take about 1 work-hour to comply with the 
initial and each subsequent inspection required by this AD. The average 
labor rate is $85 per work-hour so the approximate cost for each 
inspection is $85 per helicopter or $2,805 for the U.S.-registered 
fleet. We estimate the cost to repair the fuselage middle frame section 
to be about $10,000.

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 removing Airworthiness Directive (AD) 
2008-14-02, Amendment 39-15597 (73 FR 39572, July 10, 2008), and adding 
the following new AD:

2008-14-02 R1 Agusta S.p.A. (Agusta) Helicopters: Amendment 39-
18046; Docket No. FAA-2008-0256; Directorate Identifier 2007-SW-01-
AD.

(a) Applicability

    This AD applies to Agusta Model AB139 and AW139 helicopters, 
except helicopters with reinforcement skin part number (P/N) 
3G5306P08512 installed on left hand (LH) frame station 5700 P/N 
3P5338A13352 and right hand (RH) frame station 5700 P/N 
3P5338A13452; or with reinforcement skin P/N 3G5306P08513 installed 
on LH frame station 5700 P/N 3P5338A13353 and RH frame station 5700 
P/N 3P5338A13453; or with LH frame station 5700 P/N 3P5338A13354 and 
RH frame station 5700 P/N 3P5338A13454, installed; certificated in 
any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a fatigue crack in the 
fuselage frame 5700 middle section. This condition could result in 
structural failure of the frame and subsequent loss of control of 
the helicopter.

(c) Affected ADs

    This AD revises AD 2008-14-02, Amendment 39-15597 (73 FR 39572, 
July 10, 2008).

(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 10 hours time-in-service (TIS), or upon accumulating 
100 hours TIS since new, whichever occurs later, inspect the 
fuselage frame 5700 middle section for a crack in accordance with 
the Compliance Instructions, paragraphs 1. through 4., of Agusta 
Bollettino Tecnico No. 139-018, Revision B, dated October 18, 2006.
    (2) Thereafter, at intervals not exceeding 100 hours TIS, repeat 
the inspection as required by paragraph (e)(1) of this AD.
    (3) If there is a crack, before further flight, repair the crack 
in accordance with an FAA-approved procedure.

(f) Effective Date

    This AD becomes effective January 16, 2015.

(g) 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, Texas

[[Page 73803]]

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) Agusta Bollettino Tecnico No. 139-089, dated February 19, 
2010, which is not incorporated by reference, contains additional 
information about the subject of this AD. For this service 
information, 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. 2006-0357R1, dated April 22, 2010. You 
may view the EASA AD on the Internet at http://www.regulations.gov 
in Docket No. FAA-2008-0256.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 5311, Fuselage, 
Main Frame.

(j) 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.
    (3) The following service information was approved for IBR on 
August 14, 2008 (73 FR 39572, July 10, 2008).
    (i) Agusta Bollettino Tecnico No. 139-018, Revision B, dated 
October 18, 2006.
    (ii) Reserved.
    (4) For Agusta 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.
    (5) 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.
    (6) 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 November 24, 2014.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-28913 Filed 12-11-14; 8:45 am]
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