[Federal Register Volume 81, Number 20 (Monday, February 1, 2016)]
[Rules and Regulations]
[Pages 5037-5039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01739]



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  Federal Register / Vol. 81, No. 20 / Monday, February 1, 2016 / Rules 
and Regulations  

[[Page 5037]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-2069; Directorate Identifier 2015-SW-070-AD; 
Amendment 39-18386; AD 2015-22-51]
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.

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

SUMMARY: We are publishing a new airworthiness directive (AD) for 
Agusta S.p.A. (Agusta) Model A109A and A109AII helicopters, which was 
sent previously to all known U.S. owners and operators of these 
helicopters. This AD requires checking and inspecting each main rotor 
blade (blade) for a crack and replacing any cracked blade before 
further flight. This AD is prompted by abnormal vibrations leading to a 
precautionary landing and a post-flight inspection finding of a crack 
in a blade. These actions are intended to detect a crack in a blade and 
prevent failure of a blade and subsequent loss of control of the 
helicopter.

DATES: This AD is effective February 16, 2016 to all persons except 
those persons to whom it was made immediately effective by Emergency AD 
2015-22-51 issued on October 23, 2015, which contains the requirements 
of this AD.
    We must receive comments on this AD by March 17, 2016.

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 above 
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 by searching for and locating Docket No. FAA-2016-
2069; 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 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 final rule, contact 
Agusta Westland, 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.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior 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:

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 October 23, 2015, we issued Emergency AD 2015-22-51 to correct 
an unsafe condition for Agusta Model A109A and A109AII helicopters with 
certain part-numbered blades installed. Emergency AD 2015-22-51 
requires inspecting each blade for a crack before further flight and 
then once each day, checking each blade for a crack before each flight, 
and replacing any cracked blade. The manufacturer's maintenance program 
specifies inspecting each blade every 25 hours time-in-service (TIS). 
The actions in Emergency AD 2015-22-51 were prompted by abnormal 
vibrations leading to a precautionary landing and a post-flight 
inspection finding of a crack in a blade. The crack extended from the 
trailing edge to the rear face of the spar at the joint between the 
spar and the body of the blade. This condition, if not detected, could 
result in failure of a blade and subsequent loss of control of a 
helicopter.
    Emergency AD 2015-22-51 was prompted by AD No. 2015-0190-E, dated 
September 18, 2015, issued by EASA, which is the Technical Agent for 
the Member States of the European Union, to correct an unsafe condition 
for Agusta Model A109A and A109A II helicopters. EASA advises that 
abnormal vibrations were reported during a flight on a Model A109A II 
helicopter. During a post-flight inspection, a crack was found on a 
part number (P/N) 109-0103-01-9 blade. EASA AD 2015-0190-E requires 
pre-flight inspections and repetitive

[[Page 5038]]

inspections of each blade. EASA advises that due to similarity of 
design, the inspections also apply to P/N 109-0103-01-7 and P/N 109-
0103-01-115 blades. EASA advises that a cracked blade, if not detected 
and corrected, could affect the structural integrity of the blade, 
possibly resulting in blade failure and loss of control of the 
helicopter.

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

    We reviewed AgustaWestland Mandatory Alert Bollettino Tecnico No. 
109-150, dated September 17, 2015 (ABT). The ABT specifies for blades 
with more than 500 flight hours, before the next flight and then before 
each flight, visually inspecting each affected blade for a crack in the 
area between the station at the end of the doublers and the station at 
the beginning of the abrasion strip (both top and bottom surfaces for a 
crack. The ABT also specifies inspecting the blades for a crack at 
every airworthiness check and, in case of doubt about a crack, dye 
penetrant inspecting each blade. If a crack is found, the ABT specifies 
replacing the blade with a serviceable one.

AD Requirements

    This AD requires for each blade P/N 109-0103-01-7, P/N 109-0103-01-
9, or P/N 109-0103-01-115 that has 500 or more hours TIS:
     Before further flight and thereafter at intervals not 
exceeding 24 clock-hours, using a 3X or higher power magnifying glass, 
visually inspecting the top and bottom surface of each blade for a 
crack in the area between the station at the end of the doublers and 
the station at the beginning of the abrasion strip. If there is a 
crack, before further flight, replacing the blade with an airworthy 
blade.
     Before each flight, checking the top and bottom surface of 
each blade for a crack in the area between the station at the end of 
the doublers and the station at the beginning of the abrasion strip. 
This check 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 (a)(4) and 14 CFR 91.417(a)(2)(v). The record must be 
maintained as required by 14 CFR 91.417, 121.380, or 135.439. This 
check is an exception to our standard maintenance regulations. If there 
is a crack, the blade must be inspected using a 3X or higher power 
magnifying glass.

Differences Between This AD and the EASA AD

    This AD does not require a change to the Rotorcraft Flight Manual 
nor does it require a dye-penetrant inspection, whereas the EASA AD 
does. This AD requires the blade inspection before further flight, 
whereas the EASA AD allows an initial check prior to the inspection.

Interim Action

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

Costs of Compliance

    We estimate that 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. Labor costs are estimated at $85 per work-hour. We 
estimate 1 work-hour to inspect a blade at a cost of $85 per helicopter 
and $2,805 for the fleet. We estimate 4 work-hours to replace a blade 
at a cost of $340 per helicopter, and the required parts will cost 
$30,000 for a total of $30,340 per helicopter.

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 required actions must be 
accomplished before each flight and daily.
    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 public interest and good cause 
existed to make the AD effective immediately by issuing Emergency AD 
2015-22-51 on October 23, 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 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,

[[Page 5039]]

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):

2015-22-51 Agusta S.p.A.: Amendment 39-18386; Docket No. FAA-2016-
2069 Directorate Identifier 2015-SW-070-AD.

(a) Applicability

    This AD applies to Model A109A and A109AII helicopters with a 
main rotor blade (blade) part number (P/N) 109-0103-01-7, P/N 109-
0103-01-9, or P/N 109-0103-01-115 that has 500 or more hours time-
in-service installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a blade. This 
condition, if not detected, could result in failure of a blade and 
subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective February 16, 2016 to all persons 
except those persons to whom it was made immediately effective by 
Emergency AD 2015-22-51, issued on October 23, 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, and thereafter at intervals not to 
exceed 24 clock-hours, using a 3X or higher power magnifying glass, 
visually inspect the top and bottom surface of each blade for a 
crack in the area between the station at the end of the doublers and 
the station at the beginning of the abrasion strip. If there is a 
crack, before further flight, replace the blade with an airworthy 
blade.
    (2) Before each flight, check the top and bottom surface of each 
blade for a crack in the area between the station at the end of the 
doublers and the station at the beginning of the abrasion strip. If 
there is a crack, inspect the blade in accordance with paragraph 
(e)(1) of this AD. The check required by this paragraph 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 (a)(4) and 14 CFR 91.417(a)(2)(v). The record must be 
maintained as required by 14 CFR 91.417, 121.380, or 135.439.

(f) Special Flight Permits

    A special flight permit may be permitted for the inspection in 
paragraph (e)(1) of this AD provided there is no crack in a blade.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Matt Fuller, Senior 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

    (1) AgustaWestland Mandatory Alert Bollettino Tecnico No. 109-
150, dated September 17, 2015, which is not incorporated by 
reference, contains additional information about the subject of this 
final rule. For service information identified in this final 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 a copy of 
the service information at the FAA, Office of the Regional Counsel, 
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 
76177.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2015-0190-E, dated September 18, 2015. 
You may view the EASA AD on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2016-2069.

(i) Subject

    Joint Aircraft Service Component (JASC) Tracking Code: 6210 Main 
Rotor Blade.

    Issued in Fort Worth, Texas, on January 21, 2016.
Lance T. Gant,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-01739 Filed 1-29-16; 8:45 am]
 BILLING CODE 4910-13-P