AD 2012-07-01

[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Rules and Regulations]
[Pages 20518-20520]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-8058]



[[Page 20518]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0355; Directorate Identifier 2011-SW-013-AD; 
Amendment 39-17007; AD 2012-07-01]
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 Agusta 
S.p.A. (Agusta) Model AB412 helicopters with certain tail rotor blades 
(blades) installed. This AD requires, before further flight, removing 
and replacing each affected blade with an airworthy blade. This AD is 
prompted by incidents where a blade tip weight separated from a blade 
in flight on other model helicopters with common part-numbered blades. 
It has been determined that this unsafe condition may also exist on the 
specified Agusta model helicopters. The actions specified in this AD 
are intended to prevent loss of the blade tip weight, loss of a blade, 
and subsequent loss of control of the helicopter.

DATES: This AD becomes effective April 20, 2012.
    We must receive comments on this AD by June 4, 2012.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Docket: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for sending your 
comments electronically.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 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 Agusta 
Westland, Customer Support & Services, Via Per Tornavento 15, 21019 
Somma Lombardo (VA) Italy, ATTN: Giovanni Cecchelli; telephone 39-0331-
711133; fax 39 0331 711180; or at <a href="http://www.agustawestland.com/technical-bullettins">http://www.agustawestland.com/technical-bullettins</a>. You may review a copy of the referenced service 
information at the FAA, Office of the Regional Counsel, Southwest 
Region, 2601 Meacham Boulevard, Room 663, Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 222-5110; 
email <a href="/cdn-cgi/l/email-protection#8af9e2ebf8e5e4a4f3a4e7e3e6eff9caecebeba4ede5fc"><span class="__cf_email__" data-cfemail="21524940534e4f0f580f4c484d4452614740400f464e57">[email&#160;protected]</span></a>.

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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Emergency AD No.: 2010-0272-E, dated December 22, 2010 (EAD 2010-0272-
E), to correct an unsafe condition for the Agusta Model AB204B, AB205A-
1, AB206A, AB206B, AB212, AB412 and AB412EP helicopters. EASA advises 
that Rotor Blades Inc. (RBI) informed Bell Helicopter Textron Inc. 
(BHTI) about four incidents of a blade tip weight separating from a 
blade in flight, and the subsequent investigation showed that these 
occurrences were caused by improper repair actions by RBI. EASA states 
that to address this safety concern, BHTI issued several alert service 
bulletins (ASBs) applicable to U.S. and Canada manufactured Bell type 
designs. In response to these ASBs, Transport Canada issued Emergency 
AD CF-2007-21R1 (dated November 30, 2010), and the FAA issued Emergency 
AD 2010-26-52 (dated December 10, 2010). EASA states that although the 
unsafe condition has been detected only on parts manufactured by BHTI 
and installed on BHTI helicopters, the possibility exists, due to part 
number commonality between the rotor blade type designs, that the 
affected parts may be installed on corresponding Agusta helicopter 
types, among others, for helicopter models not type certificated in the 
U.S. Agusta has issued Bollettino Tecnico (BT) 412-130, dated December 
20, 2010 (BT 412-130), to inform affected owners and operators of this 
unsafe condition, and EASA issued EAD 2010-0272-E in response to the BT 
to address this unsafe condition.

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 BT 412-130, which references Bell Helicopter ASB No. 
412-07-123 Revision B, dated November 22, 2010, and specifies removing 
any affected tail rotor blade, returning the removed blade to Agusta, 
and replacing it with an airworthy blade. EASA classified this BT as 
mandatory and issued EAD 2010-0272-E to ensure the continued 
airworthiness of these helicopters.

AD Requirements

    This AD requires, before further flight, unless already 
accomplished, replacing any affected blade with an airworthy blade. An 
airworthy blade is one that has a part number and a serial number

[[Page 20519]]

not included in the Applicability section of this AD. Affected blades 
are those having a part number and serial number as follows:

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                Part No.                                                Serial No.
----------------------------------------------------------------------------------------------------------------
212-010-750-105........................  A-11923.
212-010-750-105FM......................  A-10090, A-10836, A-10857, A-11207, A-11332, A-11617, A-11828, A-12043,
                                          or A-12091.
212-010-750-113........................  A-14953, A-15090, or CS-12702.
212-010-750-113FM......................  A-12240, A-12286, A-12296, A-12398, A-12640, A-12670, A-12789, A-13033,
                                          A-13088 A-13096, A-13106 A-13134, A-13199, A-13264, A-13366, or A-
                                          13539.
212-010-750-133........................  A-15602.
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     No helicopters of this type are registered in the United States. 
However, this rule is necessary to ensure that the described unsafe 
condition is addressed if any of these products are placed on the U.S. 
Registry in the future.

Differences Between This AD and the EASA AD

    EASA AD 2010-0272-E applies to Agusta S.p.A. Model AB204B, AB205A-
1, AB206A, AB212, AB412, and AB412EP helicopters. This AD only applies 
to the U.S. type certificated Agusta Model AB412 helicopters.

Costs of Compliance

    There are no costs of compliance because no helicopters of this 
type design are on the U.S. Registry.

FAA's Justification and Determination of the Effective Date

    Since there are currently no affected helicopters on the U.S. 
Registry, we believe it is unlikely that we would 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 have determined that notice and opportunity for prior public 
comment before issuing this AD are unnecessary 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):

2012-07-01 Agusta S.p.A.: Amendment 39-17007; Docket No. FAA-2012-
0355; Directorate Identifier 2011-SW-013-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. Model AB412 helicopters with 
the following tail rotor blades installed:

----------------------------------------------------------------------------------------------------------------
                Part No.                                                Serial No.
----------------------------------------------------------------------------------------------------------------
212-010-750-105........................  A-11923.
212-010-750-105FM......................  A-10090, A-10836, A-10857, A-11207, A-11332, A-11617, A-11828, A-12043,
                                          or A-12091.
212-010-750-113........................  A-14953, A-15090, or CS-12702.
212-010-750-113FM......................  A-12240, A-12286, A-12296, A-12398, A-12640, A-12670, A-12789, A-13033,
                                          A-13088, A-13096, A-13106, A-13134, A-13199, A-13264, A-13366, or A-
                                          13539.
212-010-750-133........................  A-15602.
----------------------------------------------------------------------------------------------------------------

 (b) Unsafe Condition

    This AD defines the unsafe condition as separation of the tail 
rotor blade (blade) tip weight from a blade in flight, causing 
vibration. This condition could result in loss of a tail rotor blade 
and subsequent loss of control of the helicopter.

 (c) Effective Date

    This airworthiness directive (AD) becomes effective April 20, 
2012.

(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.

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(e) Required Actions

    Before further flight, replace any affected blade with an 
airworthy blade, defined as one that has a part number and a serial 
number not listed in the Applicability section of this AD.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Sharon Miles, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 222-5110; 
email <a href="/cdn-cgi/l/email-protection#384b50594a57561641165551545d4b785e5959165f574e"><span class="__cf_email__" data-cfemail="e1928980938e8fcf98cf8c888d8492a1878080cf868e97">[email&#160;protected]</span></a>.
    (2) For operations conducted under a Part 119 operating 
certificate or under 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

    (1) Agusta Bollettino Tecnico 412-130, dated December 20, 2010, 
which is not incorporated by reference, contains additional 
information about the subject of this AD. For service information 
identified in this AD, contact Agusta Westland, Customer Support & 
Services, Via Per Tornavento 15, 21019 Somma Lombardo (VA) Italy, 
ATTN: Giovanni Cecchelli; telephone 39-0331-711133; fax 39 0331 
711180; or at <a href="http://www.agustawestland.com/technical-bullettins">http://www.agustawestland.com/technical-bullettins</a>. 
You may review a copy of the referenced 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 the European Aviation 
Safety Agency Emergency AD No.: 2010-0272-E, dated December 22, 
2010.

 (h) Subject

    Joint Aircraft Service Component (JASC) Code: 6410, tail rotor 
blades.

    Issued in Fort Worth, Texas, on March 26, 2012.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-8058 Filed 4-4-12; 8:45 am]
BILLING CODE 4910-13-P