[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Rules and Regulations]
[Pages 3308-3310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00659]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1935; Directorate Identifier 2014-SW-008-AD; 
Amendment 39-18374; AD 2016-01-15]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta 
S.p.A. (Agusta) Model AB139 and AW139 helicopters. This AD requires 
visually inspecting certain subfloor frames for a crack. This AD was 
prompted by reports of cracks on in-service helicopters. The actions of 
this AD are intended to detect or prevent a crack in the subfloor 
frame, which could result in failure of the pilot and co-pilot pedal 
support frame and subsequent loss of control of the helicopter.

DATES: This AD is effective February 25, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of February 25, 
2016.

ADDRESSES: For service information identified in this rule, 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, 10101 
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1935 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: Robert Grant, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    On June 5, 2015, at 80 FR 32072, the Federal Register published our 
notice of proposed rulemaking (NPRM), which

[[Page 3309]]

proposed to amend 14 CFR part 39 by adding an AD that would apply to 
Agusta Model AB139 and AW139 helicopters, serial number (S/N) 31005 
through 31517 (except S/N 31007, 31415, 31431, 31491, 31500, 31508, and 
31516) and S/N 41001 through 41356 (except S/N 41355). The NPRM 
proposed to require visually inspecting certain subfloor frames for a 
crack. The proposed requirements were intended to detect or prevent a 
crack in the subfloor frame, which could result in failure of the pilot 
and co-pilot pedal support frame and subsequent loss of control of the 
helicopter.
    The NPRM was prompted by AD No. 2014-0048, dated March 4, 2014, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union, to correct an unsafe condition for Agusta Model 
AB139 and AW139 helicopters with a S/N 31005 through 31517 (except S/N 
31007, 31415, 31431, 31491, 31500, 31508, and 31516) and S/N 41001 
through 41356 (except S/N 41355). EASA advises that cracks have been 
reported in the subfloor frame at station (STA) 2105 on in-service 
helicopters. This condition, if not detected and corrected, could lead 
to failure of the pedals supporting the frame, which in turn could lead 
to the pedals being inoperative and subsequent loss of control of the 
helicopter, EASA advises.
    The EASA AD requires repetitive inspections of the subfloor frame 
at STA 2105 for a crack. The EASA AD also requires installation of 
frame reinforcements before further flight if there is a crack or 
within 1,200 flight hours if there is no crack. The EASA AD provides 
that installation of the frame reinforcements constitutes terminating 
action for the repetitive inspections required by the AD.
    Since the NPRM was issued, the FAA Southwest Regional Office has 
relocated and a group email address has been established for requesting 
an FAA Alternative Method of Compliance (AMOC) for a helicopter of 
foreign design. This AD contains the current physical address of the 
FAA Southwest Regional Office and the new email address for requesting 
an AMOC.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we received no comments on the NPRM (80 FR 32072, June 5, 
2015).

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 and that air 
safety and the public interest require adopting the AD requirements as 
proposed.

Differences Between This AD and the EASA AD

    The EASA AD requires conducting the initial inspection within 30 
flight hours or 2 months, whichever occurs first, and thereafter, at 
intervals not to exceed 300 flight hours or 6 months, whichever occurs 
first. This AD requires conducting the initial inspection within 30 
hours time-in-service (TIS), and thereafter, at intervals not to exceed 
300 hours TIS.

Related Service Information Under 1 CFR Part 51

    We reviewed AgustaWestland Bolletino Tecnico No. 139-311, Revision 
B, dated June 4, 2014 (BT), for certain serial-numbered Agusta Model 
AB139 and AW139 helicopters. The BT calls for visual inspections of the 
subfloor frames within 30 flight hours or two months, whichever occurs 
first, and thereafter at intervals of 300 flight hours or 6 months, 
whichever comes first, until frame reinforcements are installed to 
prevent future failures. The BT also specifies installing the frame 
reinforcements immediately if a crack is found and within 1,200 flight 
hours if a crack is not found. 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.

Costs of Compliance

    We estimate that this AD affects 102 U.S.-registered helicopters 
and that labor costs average $85 a work hour. Based on these estimates, 
we expect the following costs:
     The visual inspection requires 2 work-hours for a labor 
cost of $170 per helicopter. No parts are needed, so the cost totals 
$170 per helicopter, $17,340 for the U.S. fleet.
     If there are no cracks, installing the frame 
reinforcements requires 240 work-hours for a labor cost of $20,400 and 
$2,274 for parts. The total cost is $22,674 per helicopter.
     If there is a crack, installing the frame reinforcements 
requires 240 work-hours for a labor cost of $20,400 and $3,401 for 
parts. The total cost is $23,801 per helicopter.

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:

[[Page 3310]]

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):

2016-01-15 Agusta S.p.A.: Amendment 39-18374; Docket No. FAA-2015-
1935; Directorate Identifier 2014-SW-008-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. Model AB139 and AW139 
helicopters, serial number (S/N) 31005 through 31517 (except S/N 
31007, 31415, 31431, 31491, 31500, 31508, and 31516) and S/N 41001 
through 41356 (except S/N 41355), certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a subfloor 
frame. This condition could result in failure of the pilot and co-
pilot pedal support frame and subsequent loss of control of the 
helicopter.

(c) Effective Date

    This AD becomes effective February 25, 2016.

(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 30 hours time-in-service (TIS) and thereafter at 
intervals not to exceed 300 hours TIS, using a light, inspect all 
visible surfaces of the left hand subfloor frame, right hand 
subfloor frame, and middle subfloor frame at station (STA) 2105 for 
a crack as shown in Figures 10 through 13 of AgustaWestland 
Bollettino Tecnico No. 139-311, Revision B, dated June 4, 2014 (BT 
139-311).
    (2) If there is a crack, before further flight, install frame 
STA 2105 retromod part number (P/N) 3G5306P47211 by following the 
Compliance Instructions, Part II, paragraphs 7 through 7.10. of BT 
139-311.
    (3) If there are no cracks, within 1200 hours TIS, install frame 
STA 2105 retromod P/N 3G5306P47211 by following the Compliance 
Instructions, Part II, paragraphs 7 through 7.10. of BT 139-311.
    (4) Installing frame STA 2105 retromod P/N 3G5306P47211 
terminates the repetitive inspection requirements in paragraph 
(e)(1) 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, Rotorcraft Directorate, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; 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

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD No. 2014-0048, dated March 4, 2014. You may view 
the EASA AD on the Internet at http://www.regulations.gov in Docket 
No. FAA-2015-1935.

 (i) Subject

    Joint Aircraft Service Component (JASC) Code: 5300, Fuselage 
Structure (General).

(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. 139-311, Revision B, 
dated June 4, 2014.
    (ii) Reserved.
    (3) For Agusta S.p.A. 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, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. 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 January 6, 2016.
Bruce E. Cain,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-00659 Filed 1-20-16; 8:45 am]
 BILLING CODE 4910-13-P