[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Rules and Regulations]
[Pages 19873-19876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08384]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0908; Directorate Identifier 2015-SW-007-AD; 
Amendment 39-18136; AD 2015-05-52]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

[[Page 19874]]


ACTION: Final rule; request for comments.

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SUMMARY: We are publishing a new airworthiness directive (AD) for 
Agusta S.p.A. (Agusta) Model A109, A109A, A109A II, A109C, A109K2, 
A109E, A119, A109S, AW119 MKII, and AW109SP helicopters, which was sent 
previously to all known U.S. owners and operators of these helicopters. 
This AD requires inspecting certain tail rotor (T/R) pitch control 
links (pitch links) for freedom of movement, corrosion, excessive 
friction of the spherical bearings, and cracks. This AD is prompted by 
a report of an in-flight failure of a pitch link on an Agusta Model 
AW119 MKII helicopter. These actions are intended to prevent loss of T/
R pitch control and subsequent loss of control of the helicopter.

DATES: This AD becomes effective April 29, 2015 to all persons except 
those persons to whom it was made immediately effective by Emergency AD 
(EAD) 2015-05-52, issued on March 4, 2015, 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 April 29, 2015.
    We must receive comments on this AD by June 15, 2015.

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 AD, any incorporated by reference 
service information, the European Aviation Safety Agency (EASA) AD, 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. It is also available 
on the Internet at http://www.regulations.gov in Docket No. FAA-2015-
0908.

FOR FURTHER INFORMATION CONTACT: Martin Crane, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, 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 4, 2015, we issued EAD 2015-05-52, which requires 
inspecting each pitch link part number (P/N) 109-0130-05-117 with 100 
hours or less time-in-service since overhaul for freedom of movement, 
corrosion, and to determine the force required to rotate the spherical 
bearings. If there is any corrosion or if the force exceeds a certain 
amount, then the pitch link is unairworthy. If there is no corrosion 
and the force does not exceed the amount, then EAD 2015-05-52 requires 
cleaning and visually inspecting the pitch link rod for a crack. If 
there is a crack, then the pitch link is unairworthy. EAD 2015-05-52 
was sent previously to all known U.S. owners and operators of these 
helicopters and resulted from a report of an in-flight failure of a 
pitch link P/N 109-0130-05-117 on an Agusta Model AW119 MKII 
helicopter.
    EAD 2015-05-52 was prompted by EAD No. 2015-0035-E, dated February 
27, 2015, 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 A109A, A109AII, A109C, A109E, A109K2, 
A109LUH, A109S, AW109SP, A119, and AW119MKII helicopters. EASA advises 
of the reported ``in-flight breaking'' of the T/R pitch control link P/
N 109-0130-05-117. EASA EAD 2015-0035-E requires inspecting the T/R 
pitch control link for corrosion, rotation resistance or binding, and 
cracks.

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 Under 1 CFR Part 51

    AgustaWestland issued Alert Bollettino Tecnico (BT) Nos. 109-145, 
109EP-141, 109K-65, 109S-065, 109SP-087, and 119-072, all revision A, 
and all dated February 27, 2015. These alert BTs specify inspections of 
pitch link P/N 109-0130-05-117 for corrosion, freedom of movement, 
excessive friction of the spherical bearings, and cracks. This 
information is reasonably available at http://www.regulations.gov in 
Docket No. FAA-2015-0908. Or see ADDRESSES for other ways to access 
this service information.

AD Requirements

    This AD retains the requirements of EAD 2015-05-52 and requires 
inspecting the pitch link for freedom of movement for rotation 
resistance or binding. This AD also requires removing

[[Page 19875]]

the pitch link and inspecting each pitch link spherical bearing for 
corrosion and the force required to rotate each pitch link spherical 
bearing. If there is any corrosion, the pitch link is unairworthy. If 
the force required to rotate a spherical bearing in either end of the 
pitch link is greater than 7.30 N (1.64 pounds force), the pitch link 
is unairworthy. If the force required to rotate the spherical bearings 
in both ends of the pitch link is equal to or less than 7.30 N (1.64 
pounds force), this AD requires cleaning and visually inspecting the 
pitch link rod for a crack using a 10x or higher power magnifying glass 
or by performing a dye penetrant inspection. If there is a crack, the 
pitch link is unairworthy.

Interim Action

    We consider this AD to be an interim action. If final action is 
later identified, we might consider further rulemaking.

Costs of Compliance

    We estimate that this AD affects 253 helicopters of U.S. Registry. 
We estimate that operators may incur the following costs in order to 
comply with this AD. It takes about 2.5 work-hours at $85 per work-hour 
to perform the inspections, for a total cost of $213 per helicopter and 
$53,889 for the U.S. operator fleet. If required, replacing a pitch 
link will cost about $1,957 for parts. We do not anticipate any 
additional labor costs to install a new pitch link as opposed to re-
installing the existing pitch link.
    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 
Agusta. 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 initial required action must 
be accomplished before further flight.
    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 the public interest and good cause 
existed to make the AD effective immediately by EAD 2015-05-52, issued 
on March 4, 2015, to all known U.S. owners and operators of these 
helicopters. These conditions still exist and the AD is hereby 
published 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):

2015-05-52 Agusta S.p.A.: Amendment 39-18136; Docket No. FAA-2015-
0908; Directorate Identifier 2015-SW-007-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. Model A109, A109A, A109A II, 
A109C, A109K2, A109E, A119, A109S, AW119 MKII, and AW109SP 
helicopters, certificated in any category, with a tail rotor pitch 
control link (pitch link) part number 109-0130-05-117 with 100 hours 
or less time-in-service since overhaul.

(b) Unsafe Condition

    This AD defines the unsafe condition as failure of a pitch link. 
This condition could result in loss of tail rotor pitch control and 
subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective April 29, 2015 to all persons except 
those persons to whom it was made immediately effective by Emergency 
AD 2015-05-52, issued on March 4, 2015, 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) Before further flight, inspect the pitch link for freedom of 
movement while it is installed on the helicopter.
    (i) If there is rotation resistance or binding, before further 
flight, perform the actions in paragraphs (e)(2) through (e)(3) of 
this AD.
    (ii) If there is no rotation resistance and no binding, within 5 
hours time-in-service, perform the actions in paragraphs (e)(2) 
through (e)(3) of this AD.
    (2) Remove the pitch link and inspect each pitch link spherical 
bearing for corrosion. If there is any corrosion, the pitch link is 
unairworthy.
    (3) Determine the force required to rotate each pitch link 
spherical bearing as depicted in Figure 1 of AgustaWestland Alert 
Bollettino Tecnico (BT) No. 109-145, 109EP-141, 109K-65, 109S-065, 
109SP-087, or 119-072, all Revision A, and all dated February 27, 
2015, as applicable to your model helicopter.

[[Page 19876]]

    (i) If the force required to rotate a spherical bearing in 
either end of the pitch link is greater than 7.30 N (1.64 pounds 
force), the pitch link is unairworthy.
    (ii) If the force required to rotate the spherical bearings in 
both ends of the pitch link is equal to or less than 7.30 N (1.64 
pounds force), after cleaning the pitch link rod using aliphatic 
naphtha or equivalent and a soft non-metallic bristle brush, 
visually inspect the pitch link rod for a crack in the area depicted 
in Figure 1 of AgustaWestland Alert BT No. 109-145, 109EP-141, 109K-
65, 109S-065, 109SP-087, or 119-072, all Revision A, and all dated 
February 27, 2015, as applicable to your model helicopter, using a 
10x or higher power magnifying glass or by dye penetrant inspection. 
If there is a crack, the pitch link is unairworthy.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Martin Crane, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, 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.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) Emergency AD No. 2015-0035-E, dated February 27, 2015. 
You may view the EASA AD on the Internet at http://www.regulations.gov in Docket No. FAA-2015-0908.

 (h) Subject

    Joint Aircraft Service Component (JASC) Code: 6720, Tail Rotor 
Controls.

(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) AgustaWestland Alert Bollettino Tecnico (BT) No. 109-145, 
Revision A, dated February 27, 2015.
    (ii) AgustaWestland Alert BT No. 109EP-141, Revision A, dated 
February 27, 2015.
    (iii) AgustaWestland Alert BT No. 109K-65, Revision A, dated 
February 27, 2015.
    (iv) AgustaWestland Alert BT No. 109S-065, Revision A, dated 
February 27, 2015.
    (v) AgustaWestland Alert BT No. 109SP-087, Revision A, dated 
February 27, 2015.
    (vi) AgustaWestland Alert BT No. 119-072, Revision A, dated 
February 27, 2015.
    (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 April 6, 2015.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft 
Certification Service.
[FR Doc. 2015-08384 Filed 4-13-15; 8:45 am]
 BILLING CODE 4910-13-P