AD 2014-02-06

[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Rules and Regulations]
[Pages 10333-10335]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2014-01956]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0035; Directorate Identifier 2013-SW-036-AD; 
Amendment 39-17734; AD 2014-02-06]
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. This AD requires visually 
inspecting the main rotor swashplate outer ring (outer ring) for a 
crack and replacing that outer ring if a crack exists. This AD is 
prompted by two cases of cracks caused by fatigue on certain outer 
rings. These actions are intended to prevent the failure of the outer 
ring, which would lead to loss of main rotor blade pitch control and 
subsequently loss of helicopter control.

DATES: This AD becomes effective March 12, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of March 12, 2014.
    We must receive comments on this AD by April 28, 2014.

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, the European Aviation Safety 
Agency (EASA) AD, 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 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 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: Robert Grant, Aviation Safety 
Engineer, Safety Management Group, FAA, 2601 Meacham Blvd., Fort Worth, 
Texas 76137; telephone (817) 222-5110; email <a href="/cdn-cgi/l/email-protection#f7859895928583d99085969983b7919696d9909881"><span class="__cf_email__" data-cfemail="addfc2cfc8dfd983cadfccc3d9edcbcccc83cac2db">[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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD No. 2013-0152-E, dated July 17, 
2013, to correct an unsafe condition for the Agusta Model AB412 
helicopter. EASA advises

[[Page 10334]]

that two cases of cracks were reported in the outer ring, part number 
(P/N) 412-010-407-105. A subsequent investigation revealed that 
``fatigue failure'' caused the cracks. EASA states that ``this 
condition, if not detected and corrected, could lead to the loss of 
main rotor blade pitch control, possibly resulting in loss of control 
of the helicopter.'' EASA calls for repetitive inspections of the 
affected outer rings for a crack and replacing the outer ring with an 
improved outer ring, P/N 412-010-107-117, if a crack is found. If the 
outer ring has not been replaced, the AD requires replacing each outer 
ring, P/N 412-010-407-105, with an improved outer ring, P/N 412-010-
107-117, within 300 flight hours or 8 months, whichever occurs first. 
Replacement with an improved outer ring is terminating action for the 
repetitive inspections, EASA states.

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

    AgustaWestland S.p.A. issued Alert Bollettino Tecnico No. 412-134 
on July 15, 2013 (BT), to warn that two cases of cracking in the outer 
ring, P/N 412-010-407-105, have been reported, both attributed to 
fatigue failure. The BT calls for visually inspecting the outer ring 
for a crack with a 5X magnifying glass and a bright light. The BT added 
that the inspection must occur within 5 flight hours from when the BT 
was issued and within intervals of 25 flight hours thereafter until the 
outer ring is replaced. The deadline to replace the outer ring with 
outer ring, P/N 412-010-407-117, is 300 flight hours or no later than 
April 15, 2014, whichever comes first. Outer ring, P/N 412-010-407-105, 
was not to be used after April 15, 2014, the BT stated.

AD Requirements

    This AD requires:
    <bullet> Within 5 hours time-in-service (TIS), and thereafter at 
intervals not to exceed 25 hours TIS, visually inspecting the 
swashplate outer ring, P/N 412-010-407-105, for cracks, using a 5X 
magnifying glass and a bright light. If a crack exists, before further 
flight, removing the swashplate outer ring from service.
    <bullet> Within 300 hours TIS or 8 months, whichever occurs first, 
removing the swashplate outer ring, P/N 412-010-407-105, from service.
    <bullet> Not installing a swashplate outer ring, P/N 412-010-407-
105, on any helicopter.

Differences Between This AD and the EASA AD

    This AD prohibits installation of a swashplate outer ring, P/N 412-
010-407-105, while the EASA AD allows installation of this part under 
certain conditions.

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 products 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):

2014-02-06 Agusta S.p.A.: Amendment 39-17734; Docket No. FAA-2014-
0035; Directorate Identifier 2013-SW-036-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. Model AB412 helicopters with a 
swashplate outer ring part number (P/N) 412-010-407-105 installed, 
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in the main 
rotor swashplate outer ring. This condition could result in the loss 
of main rotor blade pitch control and subsequent loss of control of 
the helicopter.

(c) Effective Date

    This AD becomes effective March 12, 2014.

(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.

[[Page 10335]]

(e) Required Actions

    (1) Within 5 hours time in service (TIS), and thereafter at 
intervals not to exceed 25 hours TIS, visually inspect the 
swashplate outer ring, P/N 412-010-407-105, for a crack, using a 5X 
or higher power magnifying glass and a bright light and referring to 
Figures 1 and 2 in AgustaWestland S.p.A. Alert Bollettino Tecnico 
No. 412-134, dated July 15, 2013. If a crack exists, before further 
flight, remove the swashplate outer ring from service.
    (2) Within 300 hours TIS or 8 months, whichever occurs first, 
remove the swashplate outer ring, P/N 412-010-407-105, from service.
    (3) Do not install a swashplate outer ring, P/N 412-010-407-105, 
on any helicopter.

(f) 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 
<a href="/cdn-cgi/l/email-protection#f2809d90978086dc9580939c86b2949393dc959d84"><span class="__cf_email__" data-cfemail="f5879a97908781db9287949b81b5939494db929a83">[email&#160;protected]</span></a>.
    (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.

(g) Additional Information

    The subject of this AD is addressed in the European Aviation 
Safety Agency (EASA) AD No. 2013-0152-E, dated July 17, 2013. You 
may view the EASA AD on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 
in Docket No. FAA-2014-0035.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6230, Main Rotor 
Mast/Swashplate.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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 S.p.A. Alert Bollettino Tecnico No. 412-134, 
dated July 15, 2013.
    (ii) Reserved.
    (3) For AgustaWestland service information identified in this 
AD, contact AgustaWestland, 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>.
    (4) You may view this service information that is incorporated 
by reference at the 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Fort Worth, Texas, on January 16, 2014.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate,
    Aircraft Certification Service.
[FR Doc. 2014-01956 Filed 2-24-14; 8:45 am]
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