[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)]
[Rules and Regulations]
[Pages 32445-32449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13845]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1937; Directorate Identifier 2014-SW-067-AD; 
Amendment 39-18171; AD 2015-11-08]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding airworthiness directive (AD) 2014-02-08 for 
Agusta Model A109C, A109S, A109K2, A109E, and AW109SP helicopters. AD 
2014-02-08 required inspecting the lock wires securing the tail rotor 
(T/R) duplex bearing locking nut (locking nut) to determine whether any 
lock wires are missing or damaged. This AD retains some of the 
requirements of AD 2014-02-08 but removes the terminating action, 
expands the applicability, and adds a daily pilot check. This AD was 
prompted by reports of loosening T/R locking nuts. These actions are 
intended to prevent failure of the T/R and subsequent loss of control 
of the helicopter.

DATES: This AD becomes effective 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) AD, the economic evaluation, any comments

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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: 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 January 16, 2014, we issued AD 2014-02-08, Amendment 39-17736 
(79 FR 5257, January 31, 2014) for Agusta Model A109C, A109S, and 
A109K2 helicopters, and certain serial-numbered Model A109E and AW109SP 
helicopters. AD 2014-02-08 required repetitively inspecting the lock 
wires securing the T/R locking nut to determine whether any lock wires 
are missing or damaged, installing a second lock wire if only one was 
installed, and reassembling the housing and slider group of the T/R 
rotating controls as terminating action for the inspections. AD 2014-
02-08 was prompted by reports of loosening T/R locking nuts. Those 
actions are intended to prevent failure of the T/R and subsequent loss 
of control of the helicopter.
    AD 2014-02-08 was prompted by AD No. 2012-0195-E, dated September 
24, 2012, and corrected September 25, 2012, issued by EASA, the 
Technical Agent for the Member States of the European Union, to correct 
an unsafe condition for certain Agusta Model A109E, A109LUH, A109S, 
AW109SP, A109C, and A109K2 helicopters. EASA advised of the T/R locking 
nut loosening on Model A109 helicopters and that one or both of the 
lock wires securing the locking nut were either damaged or absent from 
the T/R. EASA states that this condition could lead to failure of the 
T/R function and subsequent loss of control of the helicopter. AD No. 
2012-0195-E requires repetitively inspecting the lock wires and 
removing and reassembling the housing and slider group of the T/R 
rotating controls, which is terminating action for the inspections.

Actions Since AD 2014-02-08 Was Issued

    Since we issued AD 2014-02-08 (79 FR 5257, January 31, 2014), a 
failure of a T/R duplex bearing ring nut installation occurred after 
the housing and slider group of the T/R rotating controls had been 
reassembled. Therefore, we are superseding AD 2014-02-08 to remove the 
reassembly as terminating action. Because of additional reports of the 
loosening of the bearing locking nut and the increased risk of failure 
of a lock wire, we are retaining the 25-hour TIS inspection. We are 
also requiring a daily pilot check to enhance detection of a failure of 
a T/R duplex bearing ring nut installation. AD 2014-02-18 did not apply 
to certain serial-numbered helicopters because the terminating action 
had already been performed on those models. Because we have determined 
that the terminating action does not correct the unsafe condition, we 
have expanded the applicability to include all serial-numbered 
helicopters for the Model A109C, A109S, A109K2, A109E, and AW109SP. 
EASA has not changed any of the requirements in its AD, and Agusta has 
not revised its service information.
    We have also corrected the design holder's name from AgustaWestland 
S.p.A. to Agusta S.p.A., as specified by the current FAA type 
certificate.

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 
issuing this AD because we evaluated all known information provided by 
EASA and determined that an unsafe condition is likely to exist or 
develop on other helicopters of these same type designs.

Related Service Information

    Agusta issued Bollettino Tecnico (BT) Nos. 109-134, 109EP-121, 
109S-48, 109K-54, and 109SP-051, all dated September 21, 2012, for 
Model A109C, A109E, A109S, A109K2, and AW109SP helicopters. These BTs 
specify inspecting for the presence and condition of the two locking 
wires. The BTs also specify if one lock wire is present and no damage 
is reported, installing a second lock wire. The BTs specify if one or 
both of the lock wires are damaged, removing and disassembling the 
housing and slider group of the T/R controls.

AD Requirements

    This AD expands the applicability to include all serial-numbered 
helicopters. This AD retains the initial and repetitive inspections 
required by AD 2014-02-08 (79 FR 5257, January 31, 2014) and retains 
the requirement to remove and reassemble the housing and slider group 
of the T/R rotating controls if one or both lock wires are damaged. 
This AD also requires a daily pilot check of each lock wire securing 
the T/R locking nut. An owner/operator (pilot) may perform the required 
visual check and must enter compliance with the applicable paragraph of 
the AD into the helicopter maintenance record in accordance with 14 CFR 
43.9(a)(1) through (4) and 14 CFR 91.417(1)(2)(v). A pilot may perform 
this check because it involves only looking at the visible area of the 
lock wire securing the T/R locking nut to the housing. This check is an 
exception to our standard maintenance regulations.

Differences Between This AD and the EASA AD

    This AD requires a daily pilot check of the lock wire, while the 
EASA does not. The EASA AD requires removing and reassembling the 
housing and slider

[[Page 32447]]

group of the T/R rotating controls as terminating action, regardless of 
whether the lock wire is damaged, and this AD does not. The EASA AD 
applies to certain serial-numbered helicopters, and this AD applies to 
all serial-numbered helicopters of each model.

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

    We estimate that this AD affects 122 helicopters of U.S. Registry. 
We estimate that operators may incur the following costs to comply with 
this AD. The average labor rate is estimated to be $85 per work-hour. 
Inspecting the lock wire takes about 0.25 work-hour, and the required 
parts cost is negligible, for a cost per helicopter of $22 and a total 
cost to U.S. operators of $2,684 per inspection cycle. Removing and 
reassembling the housing and slider group of the T/R rotating controls 
requires about 8 work-hours for a cost per helicopter of $680.

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 find that 
the risk to the flying public justifies waiving notice and comment 
prior to adopting this rule because the previously described unsafe 
condition can adversely affect the controllability of the helicopter. 
Since cases of loosening of the T/R duplex bearing locking nut continue 
to occur, we are requiring a daily pilot check, which must be performed 
within 24 hours.
    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 impracticable 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.
    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 AD 2014-02-08, Amendment 39-
17736 (79 FR 5257, January 31, 2014), and adding the following new 
airworthiness directive (AD):

2015-11-08 Agusta S.p.A. Helicopters (Agusta): Docket No. FAA-2015-
1937; Amendment 39-18171, Directorate Identifier 2014-SW-067-AD.

(a) Applicability

    This AD applies to Agusta Model A109C, A109S, A109K2, A109E, and 
AW109SP helicopters, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a missing or broken lock 
wire securing the tail rotor (T/R) duplex bearing locking nut 
(locking nut). This condition could result in loosening of the 
locking nut, failure of the T/R, and subsequent loss of control of 
the helicopter.

(c) Affected ADs

    This AD supersedes AD 2014-02-08, Amendment 39-17736 (79 FR 
5257, January 31, 2014).

(d) Comments Due Date

    We must receive comments by August 10, 2015.

(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 24 hours and thereafter before the first flight of 
each day or at intervals not exceeding 24 hours, whichever occurs 
later, check each lock wire securing the T/R locking nut to the 
housing. The location of the housing wire is depicted in Figure 1 to 
paragraph (f)(1) of this AD.
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[GRAPHIC] [TIFF OMITTED] TR09JN15.000

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    (2) The actions required by paragraph (f)(1) may be performed by 
the owner/operator (pilot) holding at least a private pilot 
certificate and must be entered into the aircraft records showing 
compliance with this AD in accordance with 14 CFR 43.9(a)(1) through 
(4) and 14 CFR 91.417(1)(2)(v). The record must be maintained as 
required by 14 CFR 91.417, 121.380, or 135.439.
    (3) Within 5 hours time-in-service (TIS) and thereafter at 
intervals not to exceed 25 hours TIS, inspect each lock wire 
securing the T/R locking nut to the housing.
    (4) If one or both lock wires are missing or damaged, before 
further flight, remove and reassemble the housing and slider group 
of the T/R rotating controls.

(g) Special Flight Permit

    Special flight permits are prohibited.

(h) 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.

(i) Additional Information

    (1) Agusta Bollettino Tecnico (BT) Nos. 109-134, 109EP-121, 
109S-48, 109K-54, and 109SP-051, all dated September 21, 2012, 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

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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. 2012-0195-E, dated September 24, 2012, 
and corrected September 25, 2012. You may view the EASA AD on the 
Internet at http://www.regulations.gov in Docket No. FAA-2015-1937.

(k) Subject

    Joint Aircraft Service Component (JASC) Code: 6400 Tail Rotor 
System.

    Issued in Fort Worth, Texas, on May 26, 2015.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft 
Certification Service.
[FR Doc. 2015-13845 Filed 6-8-15; 8:45 am]
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