AD 2014-12-07

[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Rules and Regulations]
[Pages 35035-35036]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2014-13838]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0378; Directorate Identifier 2013-SW-050-AD; 
Amendment 39-17868; AD 2014-12-07]
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 and AB412EP helicopters with a certain 
rotor brake pinion installed. This AD requires inspecting the rotor 
brake pinion for a crack, and replacing it if there is a crack. This AD 
is prompted by a report of a rotor brake pinion failure. These actions 
are intended to detect a crack on the rotor brake pinion and prevent 
failure of the rotor brake pinion, which could lead to detachment of 
parts inside the transmission and subsequent loss of control of the 
helicopter.

DATES: This AD becomes effective July 7, 2014.
    We must receive comments on this AD by August 18, 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 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: Matt Wilbanks, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; 
email <a href="/cdn-cgi/l/email-protection#81ece0f5f5aff6e8ede3e0efeaf2c1e7e0e0afe6eef7"><span class="__cf_email__" data-cfemail="6805091c1c461f01040a0906031b280e0909460f071e">[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

    This AD is prompted by AD No. 2013-0187, dated August 16, 2013 (AD 
2013-0187), issued by EASA, which is the Technical Agent for the Member 
States of the European Union, to correct an unsafe condition for Agusta 
Model AB412 and AB412EP helicopters. EASA advises of a report of a 
cracked pinion, part number (P/N) 412-040-301-101, installed in the 
rotor brake quill, P/N 412-040-123-103, on an AB412 helicopter. EASA 
states that the crack was discovered by a magnetic particle inspection 
during a scheduled overhaul of the rotor brake quill. EASA further 
states that an investigation revealed the crack was due to residual 
stress generated during the manufacturing process, and that this 
condition, if not detected and corrected, could lead to failure of the 
pinion with detachment of parts inside the transmission that could 
cause its malfunction or jamming, finally resulting in loss of control 
of the helicopter. To address this unsafe condition, EASA AD 2013-0187 
requires magnetic particle inspecting the rotor brake pinion, and if 
there is a crack, replacing the rotor brake pinion.

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 No. 412-135, Revision A, dated 
July 29, 2013, which describes procedures for a one-time magnetic 
particle inspection of the rotor brake pinion, P/N 412-040-

[[Page 35036]]

301-101, installed on Model AB412 and AB412EP helicopters.

AD Requirements

    This AD requires, within 100 hours time-in-service, magnetic 
particle inspecting the rotor brake pinion, P/N 412-040-301-101, for a 
crack. If there is a crack, this AD requires replacing the pinion 
before further flight.

Differences Between This AD and the EASA AD

    The EASA AD does not apply to pinions installed in a rotor brake 
quill assembly that has been overhauled, while this AD does.

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):

2014-12-07 Agusta S.p.A.: Amendment 39-17868; Docket No. FAA-2014-
0378; Directorate Identifier 2013-SW-050-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. (Agusta) Model AB412 and 
AB412EP helicopters with a rotor brake pinion, part number 412-040-
301-101, installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a rotor brake 
pinion. This condition could result in failure of a rotor brake 
pinion, detachment of parts inside the transmission causing a 
malfunction or jamming, and subsequent loss of control of the 
helicopter.

(c) Effective Date

    This AD becomes effective July 7, 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

    Within 100 hours time-in-service, magnetic particle inspect each 
rotor brake pinion for a crack. If there is a crack, before further 
flight, replace the rotor brake pinion.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Matt Wilbanks, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-
5110; email <a href="/cdn-cgi/l/email-protection#177a76636339607e7b7576797c645771767639707861"><span class="__cf_email__" data-cfemail="3e535f4a4a104957525c5f50554d7e585f5f10595148">[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) AgustaWestland Bollettino Tecnico No. 412-135, Revision A, 
dated July 29, 2013, which is not incorporated by reference, 
contains 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-bulletins">http://www.agustawestland.com/technical-bulletins</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) AD No. 2013-0187, dated August 16, 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-2014-0378.

 (h) Subject

    Joint Aircraft Service Component (JASC) Code: 6321: Main Rotor 
Brake.

    Issued in Fort Worth, Texas, on June 6, 2014.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft 
Certification Service.
[FR Doc. 2014-13838 Filed 6-18-14; 8:45 am]
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