Airworthiness Directives; Agusta S.p.A. Model A119 Helicopters, 24307-24309 [05-8953]
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Federal Register / Vol. 70, No. 88 / Monday, May 9, 2005 / Rules and Regulations
Adoption of the Amendment
Accordingly, pursuant to the authority
delegated to me by the Administrator,
the Federal Aviation Administration
amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. Section 39.13 is amended by adding
a new airworthiness directive to read as
follows:
I
2005–09–07 Agusta S.p.A.: Amendment 39–
14075. Docket No. FAA–2005–20292;
Directorate Identifier 2004–SW–26–AD.
Applicability: Model A109E helicopters,
certificated in any category.
Compliance: Required as indicated, unless
accomplished previously.
To detect a fracture, a crack, or looseness
of a main transmission support fitting
(fitting) attachment bolt (bolt), and prevent
fatigue failure of a fitting bolt and subsequent
loss of control of the helicopter, accomplish
the following:
(a) Within 5 hours time-in-service (TIS),
and then at intervals not to exceed 10 hours
TIS until a torque inspection of each fitting
bolt is accomplished in accordance with
paragraph (b) of this AD, inspect each fitting
bolt, part number NAS625–14, for a fracture,
a crack, or looseness using a light and a
mirror in accordance with Part I, steps 1.
through 4., of Agusta Bollettino Tecnico No.
109EP–43, dated March 25, 2004 (BT).
(1) On each of the 4 fittings, if a fracture
or a crack is found in any bolt, replace all
4 bolts in the fitting with airworthy fitting
bolts before further flight.
(2) If looseness is found in any bolt in any
fitting, inspect each of the 4 bolts on each of
the 4 fittings (16 bolts total) to determine if
the torque is between 11.3–15.8 Nm (100–140
inch-pounds). If the indicated torque is not
within the acceptable range on any bolt in a
fitting, before further flight, remove all 4
bolts in the fitting and replace them with
airworthy fitting bolts in accordance with
Part II, steps 5.1 through 9. of the BT.
(b) Within 25 hours TIS, inspect each bolt
in each fitting to determine if the torque is
between 11.3–15.8 Nm (100–140 inchpounds). If the indicated torque is not within
the acceptable range on any bolt, before
further flight, remove all 4 bolts in the fitting
and replace them with airworthy fitting bolts
in accordance with Part II, steps 5.1 through
9., of the BT.
(c) Accomplishing the inspections
specified in paragraphs (a) and (b) constitute
terminating actions for the requirements of
this AD.
(d) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Contact the Safety Management Group,
Rotorcraft Directorate, FAA, for information
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17:12 May 06, 2005
Jkt 205001
about previously approved alternative
methods of compliance.
(e) Special flight permits may be issued in
accordance with 14 CFR 21.197 and 21.199
to operate the helicopter to a location where
the requirements of this AD can be
accomplished, provided that no fracture or
crack or looseness was found during the
inspections required by this AD.
(f) The inspections and replacements shall
be done in accordance with Agusta Bollettino
Tecnico No. 109EP–43, dated March 25,
2004. The Director of the Federal Register
approved this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies may be obtained from Agusta,
21017 Cascina Costa di Samarate (VA) Italy,
Via Giovanni Agusta 520, telephone 39
(0331) 229111, fax 39 (0331) 229605–222595.
Copies may be inspected 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: https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
(g) This amendment becomes effective on
June 13, 2005.
Note: The subject of this AD is addressed
in Ente Nazionale per l’Aviazione Civile
(Italy) AD No. 2004–099, dated March 29,
2004.
Issued in Fort Worth, Texas, on April 27,
2005.
Carl F. Mittag,
Acting Manager, Rotorcraft Directorate,
Aircraft Certification Service.
[FR Doc. 05–8952 Filed 5–6–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–20291; Directorate
Identifier 2004–SW–25–AD; Amendment 39–
14074; AD 2005–09–06]
RIN 2120–AA64
Airworthiness Directives; Agusta
S.p.A. Model A119 Helicopters
Federal Aviation
Administration, DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This amendment adopts a
new airworthiness directive (AD) for
Agusta S.p.A. (Agusta) Model A119
helicopters that requires visually
inspecting each main transmission
support fitting (fitting) attachment bolt
(bolt) for a fracture, a crack, or
looseness, and verifying the torque on
each fitting bolt. This amendment is
prompted by two incidents of fatigue
failure of the bolts that secure the
transmission rear support fittings to the
helicopter. The actions specified by this
PO 00000
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Fmt 4700
Sfmt 4700
24307
AD are intended to detect a fracture, a
crack, or looseness of a fitting bolt, and
prevent fatigue failure of a fitting bolt
and subsequent loss of control of the
helicopter.
Effective June 13, 2005.
The incorporation by reference of
certain publications listed in the
regulations is approved by the Director
of the Federal Register as of June 13,
2005.
DATES:
You may get the service
information identified in this AD from
Agusta, 21017 Cascina Costa di
Samarate (VA) Italy, Via Giovanni
Agusta 520, telephone 39 (0331) 229111,
fax 39 (0331) 229605–222595.
Examining the Docket: You may
examine the docket that contains this
AD, any comments, and other
information on the Internet at https://
dms.dot.gov, or at the Docket
Management System (DMS), U.S.
Department of Transportation, 400
Seventh Street SW., Room PL–401, on
the plaza level of the Nassif Building,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Sharon Miles, Aviation Safety Engineer,
FAA, Rotorcraft Directorate, Regulations
and Guidance Group, Fort Worth, Texas
76193–0111, telephone (817) 222–5122,
fax (817) 222–5961.
SUPPLEMENTARY INFORMATION: A
proposal to amend 14 CFR part 39 to
include an AD for Agusta Model A119
helicopters was published in the
Federal Register on February 10, 2005
(70 FR 7057). That action proposed to
require inspecting each fitting bolt, part
number (P/N) NAS625–14 and P/N
NAS625–18, for a fracture, a crack, or
looseness, within 5 hours time-inservice (TIS) and then at intervals not to
exceed 10 hours TIS until
accomplishing a torque inspection of
each fitting bolt. The torque inspection
would have to be accomplished before
further flight if looseness is found, or
within 25 hours TIS if looseness is not
found. If a fracture or a crack is found
on any bolt in a fitting, replacing all 4
of the bolts in the fitting would be
required. If looseness is detected on any
fitting bolt, a torque inspection would
be required. If any torque inspection
reveals that the torque of any bolt in a
fitting is not between 11.3–15.8 Nm
(100–140 inch-pounds), all 4 of the bolts
in the fitting would have to be replaced
with airworthy fitting bolts before
further flight.
The Ente Nazionale per l’Aviazione
Civile (ENAC), the airworthiness
authority for Italy, notified the FAA that
an unsafe condition may exist on Agusta
Model A119 helicopters. ENAC advises
ADDRESSES:
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24308
Federal Register / Vol. 70, No. 88 / Monday, May 9, 2005 / Rules and Regulations
of the need to check the bolts that
secure the transmission support fittings
to the structure by following the
manufacturer’s Bollettino Tecnico 119–
8, dated April 7, 2004.
Agusta has issued Bollettino Tecnico
No. 119–8, dated April 7, 2004, which
specifies a periodic visual inspection to
verify the condition (visible damage) of
the airframe mounted main
transmission fittings attaching
hardware, and successively checking
the torque of the bolts to exclude the
possible presence of looseness and/or a
fracture or a crack. ENAC classified this
bollettino tecnico as mandatory and
issued AD No. 2004–108, dated April 8,
2004, to ensure the continued
airworthiness of these helicopters in
Italy.
This helicopter model is
manufactured in Italy and is type
certificated for operation in the United
States under the provisions of 14 CFR
21.29 and the applicable bilateral
agreement. Pursuant to the applicable
bilateral agreement, ENAC has kept the
FAA informed of the situation described
above. The FAA has examined the
findings of ENAC, reviewed all available
information, and determined that AD
action is necessary for products of this
type design that are certificated for
operation in the United States.
Interested persons have been afforded
an opportunity to participate in the
making of this amendment. No
comments were received on the
proposal or the FAA’s determination of
the cost to the public. The FAA has
determined that air safety and the
public interest require the adoption of
the rule as proposed.
We estimate that this AD will affect
21 helicopters of U.S. registry. The three
inspections (one initial, one repetitive,
and the torque inspection) will take
approximately 4 work hours to
accomplish at an average labor rate of
$65 per work hour. (The manufacturer
states that it shall recognize a
reimbursement of $120 per helicopter
for the labor.) Required parts will cost
approximately $1,600 per helicopter
($100 per fitting bolt for 16 fitting bolts).
Based on these figures, we estimate the
total cost impact of the AD on U.S.
operators to be $39,060, assuming that
no warranty credit is available and that
all affected fitting bolts are replaced.
Regulatory Findings
We have 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
VerDate jul<14>2003
17:12 May 06, 2005
Jkt 205001
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. 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. See the DMS to examine the
economic evaluation.
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority
delegated to me by the Administrator,
the Federal Aviation Administration
amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. Section 39.13 is amended by adding
a new airworthiness directive to read as
follows:
I
2005–09–06 Agusta S.p.A.: Amendment 39–
14074. Docket No. FAA–2005–20291;
Directorate Identifier 2004–SW–25–AD.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Applicability: Model A119 helicopters,
serial numbers 14001 through 14037, except
serial number 14036, certificated in any
category.
Compliance: Required as indicated, unless
accomplished previously. To detect a
fracture, a crack, or looseness of a main
transmission support fitting (fitting)
attachment bolt (bolt) and prevent fatigue
failure of a fitting bolt and subsequent loss
of control of the helicopter, accomplish the
following:
(a) Within 5 hours time-in-service (TIS),
and then at intervals not to exceed 10 hours
TIS until a torque inspection of each fitting
bolt is accomplished in accordance with
paragraph (b) of this AD, inspect each fitting
bolt, part number NAS625–14 and NAS625–
18, for a fracture, a crack, or looseness, using
a light and a mirror.
(1) On each of the 4 fittings, if a fracture
or a crack is found in any bolt, replace all
4 bolts in the fitting with airworthy fitting
bolts before further flight.
(2) If looseness is found in any bolt in any
fitting, inspect each of the 4 bolts on each of
the 4 fittings (16 bolts total) to determine if
the torque is between 11.3–15.8 Nm (100–140
inch-pounds). If the indicated torque is not
within the acceptable range on any bolt in a
fitting, before further flight, remove all 4
bolts in the fitting and replace them with
airworthy fitting bolts in accordance with
Part II, steps 4.1 through 5., of Agusta
Bollettino Tecnico No. 119–8, dated April 7,
2004 (BT).
(b) Within 25 hours TIS, inspect each bolt
in each fitting to determine if the torque is
between 11.3–15.8 Nm (100–140 inchpounds). If the indicated torque is not within
the acceptable range on any bolt, before
further flight, remove all 4 bolts in the fitting
and replace them with airworthy fitting bolts
in accordance with Part II, steps 4.1 through
5., of the BT.
(c) Accomplishing the inspections
specified in paragraphs (a) and (b) constitute
terminating actions for the requirements of
this AD.
(d) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Contact the Safety Management Group,
Rotorcraft Directorate, FAA, for information
about previously approved alternative
methods of compliance.
(e) Special flight permits may be issued in
accordance with 14 CFR 21.197 and 21.199
to operate the helicopter to a location where
the requirements of this AD can be
accomplished, provided that no fracture,
crack, or looseness was found during the
inspections required by this AD.
(f) The inspections and replacements shall
be done in accordance with Agusta Bollettino
Tecnico No. 119–8, dated April 7, 2004. The
Director of the Federal Register approved this
incorporation by reference in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies may be obtained from Agusta, 21017
Cascina Costa di Samarate (VA) Italy, Via
Giovanni Agusta 520, telephone 39 (0331)
229111, fax 39 (0331) 229605–222595. Copies
may be inspected at the National Archives
and Records Administration (NARA). For
information on the availability of this
E:\FR\FM\09MYR1.SGM
09MYR1
Federal Register / Vol. 70, No. 88 / Monday, May 9, 2005 / Rules and Regulations
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
(g) This amendment becomes effective on
June 13, 2005.
Note: The subject of this AD is addressed
in Ente Nazionale per l’Aviazione Civile
(Italy) AD No. 2004–108, dated April 8, 2004.
Issued in Fort Worth, Texas, on April 27,
2005.
Carl Mittag,
Acting Manager, Rotorcraft Directorate,
Aircraft Certification Service.
[FR Doc. 05–8953 Filed 5–6–05; 8:45 am]
BILLING CODE 4910–13–U
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD13–05–013]
RIN 1625–AA87
Security Zone; Protection of Military
Cargo, Captain of the Port Zone Puget
Sound, WA
Coast Guard, DHS.
Notice of enforcement.
AGENCY:
ACTION:
SUMMARY: The Captain of the Port Puget
Sound will begin enforcing the Budd
Inlet security zone in West Bay,
Olympia, WA on Monday, May 9, 2005,
at 8 a.m. Pacific daylight time. The
security zone provides for the security
of Department of Defense assets and
military cargo in the navigable waters of
Puget Sound and adjacent waters. The
security zone will be enforced until
Friday, May 13, 2005, at 11:59 p.m.
Pacific daylight time.
DATES: The Budd Inlet security zone set
forth in 33 CFR 165.1321 will be
enforced from Monday, May 9, 2005, at
8 a.m. to Friday, May 13, 2005, at 11:59
p.m. Pacific daylight time, at which
time enforcement will be suspended.
FOR FURTHER INFORMATION CONTACT:
Captain of the Port Puget Sound, 1519
Alaskan Way South, Seattle, WA 98134
at (206) 217–6200 or (800) 688–6664 to
obtain information concerning
enforcement of 33 CFR 165.1321.
SUPPLEMENTARY INFORMATION: On August
27, 2004, the Coast Guard published a
final rule (69 FR 52603) establishing
regulations, in 33 CFR 165.1321, for the
security of Department of Defense assets
and military cargo in the navigable
waters of Puget Sound and adjacent
waters. On December 10, 2004, the
Coast Guard published a final rule (69
FR 71709), which amended 33 CFR
VerDate jul<14>2003
17:12 May 06, 2005
Jkt 205001
165.1321 by adding Budd Inlet,
Olympia, WA as a permanent security
zone. These security zones provide for
the regulation of vessel traffic in the
vicinity of military cargo loading
facilities in the navigable waters of the
United States. These security zones also
exclude persons and vessels from the
immediate vicinity of these facilities
during military cargo loading and
unloading operations. In addition, the
regulation establishes requirements for
all vessels to obtain permission of the
COTP or the COTP’s designated
representative, including the Vessel
Traffic Service Puget Sound (VTS) to
enter, move within, or exit these
security zones when they are enforced.
Entry into these zones is prohibited
unless otherwise exempted or excluded
under 33 CFR 165.1321 or unless
authorized by the Captain of the Port or
his designee.
The Captain of the Port Puget Sound
will begin enforcing the Budd Inlet
security zone established by 33 CFR
165.1321 on Monday, May 9, 2005, at 8
a.m. Pacific daylight time. The security
zone will be enforced until Friday, May
13, 2005, at 11:59 p.m. Pacific daylight
time. All persons and vessels are
authorized to enter, move within, and
exit the security zone on or after Friday,
May 13, 2005, at 11:59 p.m. Pacific
daylight time unless a new notice of
enforcement is issued before then.
Dated: May 3, 2005.
Danny Ellis,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 05–9208 Filed 5–6–05; 8:45 am]
BILLING CODE 4910–15–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 270
[Docket No. RM 2005–2A]
Reports of Use of Sound Recordings
Under Statutory License
Copyright Office, Library of
Congress.
ACTION: Final rule.
AGENCY:
SUMMARY: The Copyright Office of the
Library of Congress is adopting
amendments to the rules governing
reports of use of sound recordings under
the statutory license for preexisting
subscription services.
DATES: June 8, 2005.
FOR FURTHER INFORMATION CONTACT:
David O. Carson, General Counsel, or
PO 00000
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24309
William J. Roberts, Jr. Telephone: (202)
707–8380. Telefax: (202) 252–3423.
SUPPLEMENTARY INFORMATION: Digital
audio services provide copyrighted
sound recordings of music for the
listening enjoyment of the users of those
services. In order to provide these sound
recordings, however, a digital audio
service must license the copyrights to
each musical work, as well as the sound
recording of the musical work. There are
two statutory licenses in the Copyright
Act that enable a digital audio service to
transmit performances of copyrighted
sound recordings: section 112 and
section 114. 17 U.S.C. 112 & 114.
Congress initially established these
licenses in the Digital Performance
Right in Sound Recordings Act of 1995,
Pub. L. No. 104–39, for subscription
digital audio services then in existence,
and later amended sections 112 and 114
in the Digital Millennium Copyright Act
of 1998, Pub. L. No. 105–304, to include
other types of digital audio services. It
is the former category of services
(hereinafter referred to as ‘‘preexisting
subscription services’’) to which this
final rule applies.
On June 24, 1998, the Copyright
Office published interim regulations
establishing the requirements by which
copyright owners receive reasonable
notice of the use of their works from
preexisting subscription services, and
how reports of use shall be kept and
made available to copyright owners.
Originally codified at § § 201.35 through
201.37 of title 37 of the Code of Federal
Regulations, these regulations have
recently been moved to part 270 of the
CFR, but have remained unchanged. On
March 18, 2003, the preexisting
subscription services–Music Choice,
DMX Music Inc., and Muzak LLC–and
representative organizations of
copyright owners of sound recordings–
SoundExchange, Inc., the American
Federation of Television and Radio
Artists, and the American Federation of
Musicians–filed a petition with the
Copyright Office seeking to amend the
regulations regarding reports of use
(formerly § 201.36, now § 270.2) for
preexisting subscription services. At
that time, the Office was conducting a
rulemaking proceeding to establish
notice and recordkeeping requirements
for digital audio services other than
preexisting subscription services and
declined to include the petition in that
proceeding. See 69 FR 11515, 11517 n.9
(March 11, 2004). Instead, the Office
determined to address the petition ‘‘in
a separate Federal Register document.’’
Id. A Notice of Proposed Rulemaking
(‘‘NPRM’’) was published on March 15,
2005. 70 FR 12631 (March 15, 2005).
E:\FR\FM\09MYR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 88 (Monday, May 9, 2005)]
[Rules and Regulations]
[Pages 24307-24309]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8953]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20291; Directorate Identifier 2004-SW-25-AD;
Amendment 39-14074; AD 2005-09-06]
RIN 2120-AA64
Airworthiness Directives; Agusta S.p.A. Model A119 Helicopters
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD) for
Agusta S.p.A. (Agusta) Model A119 helicopters that requires visually
inspecting each main transmission support fitting (fitting) attachment
bolt (bolt) for a fracture, a crack, or looseness, and verifying the
torque on each fitting bolt. This amendment is prompted by two
incidents of fatigue failure of the bolts that secure the transmission
rear support fittings to the helicopter. The actions specified by this
AD are intended to detect a fracture, a crack, or looseness of a
fitting bolt, and prevent fatigue failure of a fitting bolt and
subsequent loss of control of the helicopter.
DATES: Effective June 13, 2005.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 13, 2005.
ADDRESSES: You may get the service information identified in this AD
from Agusta, 21017 Cascina Costa di Samarate (VA) Italy, Via Giovanni
Agusta 520, telephone 39 (0331) 229111, fax 39 (0331) 229605-222595.
Examining the Docket: You may examine the docket that contains this
AD, any comments, and other information on the Internet at https://
dms.dot.gov, or at the Docket Management System (DMS), U.S. Department
of Transportation, 400 Seventh Street SW., Room PL-401, on the plaza
level of the Nassif Building, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety
Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group,
Fort Worth, Texas 76193-0111, telephone (817) 222-5122, fax (817) 222-
5961.
SUPPLEMENTARY INFORMATION: A proposal to amend 14 CFR part 39 to
include an AD for Agusta Model A119 helicopters was published in the
Federal Register on February 10, 2005 (70 FR 7057). That action
proposed to require inspecting each fitting bolt, part number (P/N)
NAS625-14 and P/N NAS625-18, for a fracture, a crack, or looseness,
within 5 hours time-in-service (TIS) and then at intervals not to
exceed 10 hours TIS until accomplishing a torque inspection of each
fitting bolt. The torque inspection would have to be accomplished
before further flight if looseness is found, or within 25 hours TIS if
looseness is not found. If a fracture or a crack is found on any bolt
in a fitting, replacing all 4 of the bolts in the fitting would be
required. If looseness is detected on any fitting bolt, a torque
inspection would be required. If any torque inspection reveals that the
torque of any bolt in a fitting is not between 11.3-15.8 Nm (100-140
inch-pounds), all 4 of the bolts in the fitting would have to be
replaced with airworthy fitting bolts before further flight.
The Ente Nazionale per l'Aviazione Civile (ENAC), the airworthiness
authority for Italy, notified the FAA that an unsafe condition may
exist on Agusta Model A119 helicopters. ENAC advises
[[Page 24308]]
of the need to check the bolts that secure the transmission support
fittings to the structure by following the manufacturer's Bollettino
Tecnico 119-8, dated April 7, 2004.
Agusta has issued Bollettino Tecnico No. 119-8, dated April 7,
2004, which specifies a periodic visual inspection to verify the
condition (visible damage) of the airframe mounted main transmission
fittings attaching hardware, and successively checking the torque of
the bolts to exclude the possible presence of looseness and/or a
fracture or a crack. ENAC classified this bollettino tecnico as
mandatory and issued AD No. 2004-108, dated April 8, 2004, to ensure
the continued airworthiness of these helicopters in Italy.
This helicopter model is manufactured in Italy and is type
certificated for operation in the United States under the provisions of
14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the
applicable bilateral agreement, ENAC has kept the FAA informed of the
situation described above. The FAA has examined the findings of ENAC,
reviewed all available information, and determined that AD action is
necessary for products of this type design that are certificated for
operation in the United States.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were received on the
proposal or the FAA's determination of the cost to the public. The FAA
has determined that air safety and the public interest require the
adoption of the rule as proposed.
We estimate that this AD will affect 21 helicopters of U.S.
registry. The three inspections (one initial, one repetitive, and the
torque inspection) will take approximately 4 work hours to accomplish
at an average labor rate of $65 per work hour. (The manufacturer states
that it shall recognize a reimbursement of $120 per helicopter for the
labor.) Required parts will cost approximately $1,600 per helicopter
($100 per fitting bolt for 16 fitting bolts). Based on these figures,
we estimate the total cost impact of the AD on U.S. operators to be
$39,060, assuming that no warranty credit is available and that all
affected fitting bolts are replaced.
Regulatory Findings
We have 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 the regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. 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. See the DMS to examine the economic evaluation.
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive to
read as follows:
2005-09-06 Agusta S.p.A.: Amendment 39-14074. Docket No. FAA-2005-
20291; Directorate Identifier 2004-SW-25-AD.
Applicability: Model A119 helicopters, serial numbers 14001
through 14037, except serial number 14036, certificated in any
category.
Compliance: Required as indicated, unless accomplished
previously. To detect a fracture, a crack, or looseness of a main
transmission support fitting (fitting) attachment bolt (bolt) and
prevent fatigue failure of a fitting bolt and subsequent loss of
control of the helicopter, accomplish the following:
(a) Within 5 hours time-in-service (TIS), and then at intervals
not to exceed 10 hours TIS until a torque inspection of each fitting
bolt is accomplished in accordance with paragraph (b) of this AD,
inspect each fitting bolt, part number NAS625-14 and NAS625-18, for
a fracture, a crack, or looseness, using a light and a mirror.
(1) On each of the 4 fittings, if a fracture or a crack is found
in any bolt, replace all 4 bolts in the fitting with airworthy
fitting bolts before further flight.
(2) If looseness is found in any bolt in any fitting, inspect
each of the 4 bolts on each of the 4 fittings (16 bolts total) to
determine if the torque is between 11.3-15.8 Nm (100-140 inch-
pounds). If the indicated torque is not within the acceptable range
on any bolt in a fitting, before further flight, remove all 4 bolts
in the fitting and replace them with airworthy fitting bolts in
accordance with Part II, steps 4.1 through 5., of Agusta Bollettino
Tecnico No. 119-8, dated April 7, 2004 (BT).
(b) Within 25 hours TIS, inspect each bolt in each fitting to
determine if the torque is between 11.3-15.8 Nm (100-140 inch-
pounds). If the indicated torque is not within the acceptable range
on any bolt, before further flight, remove all 4 bolts in the
fitting and replace them with airworthy fitting bolts in accordance
with Part II, steps 4.1 through 5., of the BT.
(c) Accomplishing the inspections specified in paragraphs (a)
and (b) constitute terminating actions for the requirements of this
AD.
(d) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Safety Management Group, Rotorcraft Directorate, FAA,
for information about previously approved alternative methods of
compliance.
(e) Special flight permits may be issued in accordance with 14
CFR 21.197 and 21.199 to operate the helicopter to a location where
the requirements of this AD can be accomplished, provided that no
fracture, crack, or looseness was found during the inspections
required by this AD.
(f) The inspections and replacements shall be done in accordance
with Agusta Bollettino Tecnico No. 119-8, dated April 7, 2004. The
Director of the Federal Register approved this incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies may be obtained from Agusta, 21017 Cascina Costa di Samarate
(VA) Italy, Via Giovanni Agusta 520, telephone 39 (0331) 229111, fax
39 (0331) 229605-222595. Copies may be inspected at the National
Archives and Records Administration (NARA). For information on the
availability of this
[[Page 24309]]
material at NARA, call 202-741-6030, or go to: https://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
(g) This amendment becomes effective on June 13, 2005.
Note: The subject of this AD is addressed in Ente Nazionale per
l'Aviazione Civile (Italy) AD No. 2004-108, dated April 8, 2004.
Issued in Fort Worth, Texas, on April 27, 2005.
Carl Mittag,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 05-8953 Filed 5-6-05; 8:45 am]
BILLING CODE 4910-13-U
