[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)]
[Rules and Regulations]
[Pages 32451-32453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13343]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1936; Directorate Identifier 2014-SW-005-AD; 
Amendment 39-18170; AD 2015-11-07]
RIN 2120-AA64


Airworthiness Directives; Agusta 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 adopting a new airworthiness directive (AD) for certain 
Agusta S.p.A. Model AB412 and AB412 EP helicopters. This AD requires 
inspecting the tail rotor (T/R) drive shaft flanged adapter (adapter) 
for a crack and removing the adapter from service if there is a crack. 
This AD is prompted by a report of a crack found in an adapter. These 
actions are intended to detect a crack in the adapter and prevent 
failure of the T/R drive shaft, which could result in reduced control 
of the helicopter.

DATES: This AD becomes effective June 24, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of June 24, 2015.
    We must receive comments on this AD by August 10, 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, the European Aviation Safety 
Agency (EASA) Emergency AD (EAD), any incorporated by reference service 
information, 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-
1936.

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

    This AD action was prompted by EAD No. 2014-0040-E, dated February 
19, 2014, issued by EASA, which is the Technical Agent for the Member 
States of the European Union, to correct an unsafe condition for 
certain AgustaWestland S.p.A. Model AB 412 and AB 412 EP helicopters. 
EASA advises that a crack was found in an adapter, part number (P/N) 
412-040-622-101, installed on a Model AB 412 EP helicopter. EASA 
further advises that the condition, if not detected and corrected, 
could lead to T/R drive shaft failure, possibly resulting in reduced 
control of the helicopter. To address this unsafe condition, the EASA 
EAD requires repetitive inspections of adapters, P/N 412-040-622-101 
and P/N 412-040-623-101, for a crack and replacing a cracked adapter. 
EASA also requires reporting and sending the cracked adapter to 
AgustaWestland for investigation.

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, the 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 the EASA and determined the unsafe condition 
exists and is likely to exist or develop on other helicopters of these 
same type designs.

[[Page 32452]]

Related Service Information Under 1 CFR Part 51

    AgustaWestland issued Bollettino Tecnico No. 412-139, dated 
February 19, 2014 (BT), for Model AB412 helicopters serial number (S/N) 
25801 through 25900, and Model AB412EP helicopters S/N 25901 and 
subsequent. The BT states AgustaWestland received a report of a crack 
in an adapter, P/N 412-040-622-101, installed on a Model AB412EP 
helicopter. The BT also states that the investigation to determine the 
root causes of the crack is in progress and the BT may be revised 
according to the investigation results. The BT specifies a one-time 
inspection of the adapter, P/N 412-040-622-101 and P/N 412-040-623-101, 
for the presence of cracks, and if there is a crack, replacing the 
drive shaft assembly. The BT also specifies reporting a cracked adapter 
and sending affected parts to AgustaWestland. This service information 
is reasonably available because the interested parties have access to 
it through their normal course of business or by the means identified 
in the ADDRESSES section of this AD.

AD Requirements

    This AD requires an initial and recurring visual inspection of the 
adapter, P/N 412-040-622-101 and P/N 412-040-623-101, installed on 
certain Model AB412 and AB412 EP helicopters. If there is a crack in an 
adapter, this AD requires removing the adapter from service before 
further flight. This AD also requires visually inspecting an adapter 
before installation.

Differences Between This AD and the EASA EAD

    The EASA EAD requires reporting and sending any cracked adapter to 
AgustaWestland, whereas this AD does not.

Interim Action

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

Costs of Compliance

    There are no costs of compliance with this AD because there are no 
helicopters with this type certificate on the U.S. Registry.

FAA's Justification and Determination of the Effective Date

    There are no helicopters with this type certificate on the U.S. 
Registry. Therefore, we believe it is unlikely that we will receive any 
adverse comments or useful information about this AD from U.S. 
Operators.
    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we determined that notice and opportunity for 
public comment before issuing this AD are unnecessary because there are 
none of these helicopters on the U.S. Registry and that good cause 
exists for making this amendment effective in less than 30 days.

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.

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):

2015-11-07 Agusta S.p.A.: Amendment 39-18170; Docket No. FAA-2015-
1936; Directorate Identifier 2014-SW-005-AD.

(a) Applicability

    This AD applies to Model AB412 helicopters with a serial number 
(S/N) 25801 through 25900, and Model AB412 EP helicopters with a S/N 
25901 and larger, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a tail rotor 
(T/R) drive shaft flanged adapter. This condition could result in 
failure of the T/R drive shaft and reduced control of the 
helicopter.

(c) Effective Date

    This AD becomes effective June 24, 2015.

(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 100 hours TIS, using a 5X power magnifying 
glass and a light source, visually inspect each flanged adapter, 
part number (P/N) 412-040-622-101 and P/N 412-040-623-101, for a 
crack as shown in Figures 1 and 2 of AgustaWestland Bollettino 
Tecnico No. 412-139, dated February 19, 2014.
    (2) If there is a crack in a flanged adapter, before further 
flight, remove the flanged adapter from service.
    (3) Do not install a flanged adapter, P/N 412-040-622-101 or P/N 
412-040-623-101, unless it has been inspected in accordance with the 
requirements of paragraphs (e)(1) and (e)(2) of this AD.

(f) Special Flight Permits

    Special flight permits are prohibited.

(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].

[[Page 32453]]

    (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

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) Emergency AD (EAD) No. 2014-0040-E, dated February 19, 
2014. You may view the EASA EAD on the Internet at http://www.regulations.gov in Docket No. FAA-2015-1936.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6510, Tail Rotor 
Drive Shaft.

(j) 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 Bollettino Tecnico No. 412-139, dated 
February 19, 2014.
    (ii) Reserved.
    (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 May 26, 2015.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft 
Certification Service.
[FR Doc. 2015-13343 Filed 6-8-15; 8:45 am]
 BILLING CODE 4910-13-P