AD 2014-11-07

[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Rules and Regulations]
[Pages 31857-31859]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2014-12719]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0336; Directorate Identifier 2013-SW-063-AD; 
Amendment 39-17857; AD 2014-11-07]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A Helicopters (Type 
Certificate Currently Held by AgustaWestland S.p.A) (Agusta)

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 
Model A109A, A109A II, A109C, A109E, A109K2, A109S, AW109SP, A119, and 
AW119 MKII helicopters. This AD requires inspecting and replacing 
certain part-numbered main rotor swashplate support nuts. This AD is 
prompted by a report of two cracked nuts found on an A109S helicopter. 
These actions are intended to detect a cracked nut and prevent failure 
of the main rotor system, and subsequent loss of control of the 
helicopter.

DATES: This AD becomes effective June 18, 2014.
    We must receive comments on this AD by August 4, 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 foreign authority's 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 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 <a href="http://www.agustawestland.com/technical-bulletins">http://www.agustawestland.com/technical-bulletins</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#3c4e535e594e48125b4e5d52487c5a5d5d125b534a"><span class="__cf_email__" data-cfemail="780a171a1d0a0c561f0a19160c381e1919561f170e">[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. 2013-0265-E, dated October 30, 2013, to correct an 
unsafe condition for Agusta Model A109A, A109A II, A109C, A109E, 
A109K2, A109LUH, A109S, AW109SP, A119, and AW119 MKII helicopters. EASA 
advises that during a scheduled inspection of the rotating control 
installation, two nuts, part number (P/N) MS21042-4, which connect the 
swashplate support to the upper case of the main transmission were 
found cracked. EASA states a subsequent investigation determined that 
the cracks in the nuts resulted from a production deficiency, which 
caused hydrogen embrittlement, at the nut manufacturer. EASA also 
states that this condition, if not detected and corrected, could lead 
to failure of the main rotor function and subsequent loss of control of 
the helicopter. The EASA Emergency AD requires repetitive inspections 
of each nut, P/N MS21042-4, for a crack, replacing any nut that has a 
crack with a different part-numbered nut, and, within 3 months, 
replacing each nut that does not have a crack with a different part-
numbered nut. EASA Emergency AD 2013-0265-E also prohibits installing a 
nut, P/N MS21042-4, to connect the swashplate support to the upper case 
on any 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

    Agusta has issued Bollettino Tecnico (BT) No. 109-137 for Model 
A109A, A109A II and A109C helicopters; BT No. 109EP-131 for Model A109E 
helicopters; BT No. 109K-59 for Model A109K2 helicopters; BT No. 109S-
056 for Model A109S helicopters; BT No. 109SP-070 for Model AW109SP 
helicopters; and BT No. 119-062 for Model A119 and AW119 MKII 
helicopters. All of the BTs are Revision 0 and are dated October 29, 
2013. Each BT describes procedures for inspecting

[[Page 31858]]

the nuts connecting the swashplate support to the upper case of the 
main transmission for a crack and for replacing each nut, P/N MS21042-
4, with a nut, P/N NAS1805-4.

AD Requirements

    This AD requires, within 10 hours time-in-service (TIS), inspecting 
each nut, P/N MS21042-4, which connects the swashplate support to the 
upper case of the main transmission, for a crack. If there is a crack 
on any nut, or within 25 hours TIS if there is not a crack, this AD 
requires replacing each nut, P/N MS21042-4, connecting the swashplate 
support to the upper case of the main transmission. This AD also 
prohibits installing a nut, P/N MS21042-4, connecting the swashplate 
support to the upper case of the main transmission on any helicopter.

Differences Between This AD and the EASA

    The EASA AD requires replacing each nut, P/N MS21042-4, within 3 
months, while this AD requires replacing the nuts within 25 hours TIS. 
The EASA AD also requires that each of the P/N MS21042-4 nuts be 
replaced with P/N NAS1805-4 nuts and this AD does not. The EASA AD also 
requires repetitive inspections of the P/N MS21042-4 nuts until they 
can be replaced and this AD does not. This AD does not apply to Model 
A109LUH helicopters as they are not type-certificated in the U.S.

Costs of Compliance

    We estimate that this AD affects 222 helicopters of U.S. Registry. 
We estimate that operators may incur the following costs in order to 
comply with this AD. At an average labor rate of $85 per work-hour, 
inspecting the nuts connecting the swashplate support to the upper case 
of the main transmission requires about .5 work-hour, for a cost per 
helicopter of $43, and a total cost to U.S. operators of $9,546. 
Replacing the nuts requires about 1 work-hour, and required parts cost 
is minimal, for a cost per helicopter of $85 and a total cost to U.S. 
operators of $18,870.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments before 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 before 
adopting this rule because the required corrective actions must be done 
within 10 hours TIS and 25 hours TIS, a very short time period based on 
the average flight-hour utilization rate of these helicopters.
    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 adding the following new airworthiness 
directive (AD):

2014-11-07 Agusta S.p.A Helicopters (Type Certificate Currently Held 
By AgustaWestland S.p.A) (Agusta): Amendment 39-17857; Docket No. 
FAA-2014-0336; Directorate Identifier 2013-SW-063-AD.

(a) Applicability

    This AD applies to Agusta Model A109A, A109A II, A109C, A109E, 
A109K2, A109S, AW109SP, A119, and AW119 MKII helicopters with a nut, 
part-number (P/N) MS21042-4, connecting the main rotor swashplate 
support to the upper case of the main transmission installed, 
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack on a nut 
connecting the main rotor swashplate support to the upper case of 
the main transmission. This condition could result in failure of the 
main rotor system and subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective June 18, 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.

(e) Required Actions

    (1) Within 10 hours time-in-service (TIS), using a light, 
visually inspect each nut, P/N MS21042-4, which connects the 
swashplate support to the upper case of the main transmission for a 
crack.
    (i) If there is a crack, before further flight, remove all six 
nuts, P/N MS21042-4, connecting the swashplate support to the upper 
case.
    (ii) If there are no cracks, within 25 hours TIS, remove all six 
nuts, P/N MS21042-4, connecting the swashplate support to the upper 
case.
    (2) Do not install a nut, P/N MS21042-4, connecting the 
swashplate support to the upper case of the main transmission on any 
helicopter.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, Rotorcraft 
Directorate, FAA, may

[[Page 31859]]

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#790b161b1c0b0d571e0b18170d391f1818571e160f"><span class="__cf_email__" data-cfemail="394b565b5c4b4d175e4b58574d795f5858175e564f">[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

    (1) Agusta Bollettino Tecnico (BT) No. 109-137 for Model A109A, 
A109A II and A109C helicopters; BT No. 109EP-131 for Model A109E 
helicopters; BT No. 109K-59 for Model A109K2 helicopters; BT No. 
109S-056 for Model A109S helicopters; BT No. 109SP-070 for Model 
AW109SP helicopters; and BT No. 119-062 for Model A119 and AW119 
MKII helicopters, all Revision 0 and dated October 29, 2013, 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 <a href="http://www.agustawestland.com/technical-bullettins">http://www.agustawestland.com/technical-bullettins</a>. You may review a copy 
of the 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) Emergency AD No. 2013-0265-E, dated October 30, 
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-2014-0336.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6200 Main Rotor 
System.

    Issued in Fort Worth, Texas, on May 21, 2014.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft 
Certification Service.
[FR Doc. 2014-12719 Filed 6-2-14; 8:45 am]
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