Airworthiness Directives; Agusta S.p.A. (Type Certificate Currently Held by Agusta Westland) Helicopters, 67015-67017 [2013-26048]
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Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Rules and Regulations
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 above, I
certify that this AD:
(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),
(3) Will not affect intrastate aviation
in Alaska, 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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2013–22–12 DG Flugzeugbau GmbH:
Amendment 39–17644; Docket No.
FAA–2013–0927; Directorate Identifier
2012–CE–036–AD.
wreier-aviles on DSK5TPTVN1PROD with RULES
(a) Effective Date
This airworthiness directive (AD) becomes
effective November 18, 2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to DG Flugzeugbau GmbH
DG–800A, DG–800B, and DG–500MB gliders,
all serial numbers, certificated in any
category.
VerDate Mar<15>2010
15:17 Nov 07, 2013
Jkt 232001
(d) Subject
Air Transport Association of America
(ATA) Code 80: Engine Starting.
(e) Reason
This AD was prompted by mandatory
continuing airworthiness information (MCAI)
originated by an aviation authority of another
country to identify and correct an unsafe
condition on an aviation product. The MCAI
describes the unsafe condition as a defective
starter motor control, which could activate
the starter motor without pressing the starter
button. We are issuing this AD to prevent
sudden propeller rotation, which could result
in injury to the pilot and/or other persons.
(f) Actions and Compliance
Unless already done, do the actions in
paragraphs (f)(1) and (f)(2) of this AD:
(1) Within 10 days after November 18, 2013
(the effective date of this AD), inspect to
determine if an unmodified starter control
unit is installed. If an unmodified starter
control unit is installed, remove the unit and
replace it with a modified unit. Do the
removal and replacement following the
Instructions section of DG Flugzeugbau
GmbH Technical note No. 800/42, 500/06
(co-published as one document), dated May
29, 2013.
(2) As of November 18, 2013 (the effective
date of this AD), do not install any starter
motor control unit unless it has been
modified and labeled with placard ‘‘MS.’’
(g) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Office,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to
ATTN: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4165; fax: (816) 329–
4090; email: jim.rutherford@faa.gov. Before
using any approved AMOC on any glider to
which the AMOC applies, notify your
appropriate principal inspector (PI) in the
FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(h) Related Information
Refer to MCAI European Aviation Safety
Agency (EASA) AD No. 2013–0212, dated
September 13, 2013, for related information.
You may examine the MCAI on the Internet
at https://www.regulations.gov by searching
for and locating it in Docket No. FAA–2013–
0927. For service information related to this
AD, contact DG-Flugzeugbau GmbH, 76646
Bruchsal, Germany; telephone: +49 7251
3020 140; fax: +49 7251 3020 269; Internet:
https://www.dg-flugzeugbau.de/
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
67015
index.php?id=1329; email: dirks@dgflugzeugbau.de. You may review copies of
the referenced service information at the
FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information
on the availability of this material at the
FAA, call (816) 329–4148.
(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 this AD specifies otherwise.
(i) DG Flugzeugbau GmbH Technical note
No. 800/42, dated May 29, 2013.
(ii) DG Flugzeugbau GmbH Technical note
No. 500/06, dated May 29, 2013.
Note 1 to paragraph (i)(2): DG Flugzeugbau
GmbH Technical note No. 800/42, dated May
29, 2013, and DG Flugzeugbau GmbH
Technical note No. 500/06, dated May 29,
2013, are co-published as one document.
(3) For DG-Flugzeugbau GmbH service
information identified in this AD, contact
DG-Flugzeugbau GmbH, 76646 Bruchsal,
Germany; telephone: +49 7251 3020 140; fax:
+49 7251 3020 269; Internet: https://www.dgflugzeugbau.de/index.php?id=1329; email:
dirks@dg-flugzeugbau.de.
(4) You may view this service information
at the FAA, Small Airplane Directorate, 901
Locust, Kansas City, Missouri 64106. For
information on the availability of this
material at the FAA, call (816) 329–4148.
(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: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Kansas City, Missouri, on
October 24, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2013–25955 Filed 11–7–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0529; Directorate
Identifier 2011–SW–050–AD; Amendment
39–17648; AD 2013–22–16]
RIN 2120–AA64
Airworthiness Directives; Agusta
S.p.A. (Type Certificate Currently Held
by Agusta Westland) Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
E:\FR\FM\08NOR1.SGM
08NOR1
67016
Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Rules and Regulations
We are adopting a new
airworthiness directive (AD) for certain
Agusta S.p.A. (Agusta) Model AW139
helicopters. This AD requires replacing
certain solder splices in the co-pilot
audio system. This AD was prompted by
the discovery of improper installation of
solder splices on the co-pilot audio
system causing intermittent noise
through the audio system during flight.
The actions of this AD are intended to
prevent degradation and complete loss
of communications between the pilot
and co-pilot during flight, impairing the
co-pilot’s capability to react
immediately to operational difficulties,
which could lead to subsequent loss of
control of the helicopter.
SUMMARY:
This AD is effective December
13, 2013.
The Director of the Federal Register
approved the incorporation by reference
of a certain document listed in this AD
as of December 13, 2013.
DATES:
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 https://
www.agustawestland.com/technicalbullettins. 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.
ADDRESSES:
Examining the AD Docket
wreier-aviles on DSK5TPTVN1PROD with RULES
You may examine the AD docket on
the Internet at https://
www.regulations.gov 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, the economic evaluation,
any comments received, and other
information. The street address for the
Docket Operations Office (phone: 800–
647–5527) is U.S. Department of
Transportation, Docket Operations
Office, M–30, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
John
VanHoudt, Aerospace Engineer, FAA,
Rotorcraft Directorate, Regulations and
Policy Group, 2601 Meacham Blvd.,
Fort Worth, Texas 76137, telephone
(817) 222–5110, email john.vanhoudt@
faa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
15:17 Nov 07, 2013
Jkt 232001
Discussion
On May 22, 2012, at 77 FR 30236, the
Federal Register published our notice of
proposed rulemaking (NPRM), which
proposed to amend 14 CFR part 39 by
adding an AD that would apply to
certain Agusta AW139 helicopters. The
NPRM proposed to require within 500
hours time-in-service (TIS) or six
months or when an ‘‘AVIONICS
FAULT’’ crew alerting system (CAS)
message is displayed, whichever occurs
first, replacing all solder splices in the
co-pilot audio system. The proposed
requirements were intended to prevent
degradation and complete loss of
communications between the pilot and
co-pilot during flight, impairing the copilot’s capability to react immediately to
operational difficulties, which could
lead to subsequent loss of control of the
helicopter.
The NPRM was prompted by AD No.
2011–0140, dated July 20, 2011, issued
by EASA, which is the Technical Agent
for the Member States of the European
Union. EASA issued AD No. 2011–0140
to correct an unsafe condition for
certain Agusta AW139 helicopters.
EASA advises that some occurrences of
intermittent noise in the co-pilot audio
system have been reported. The
technical investigation carried out by
Agusta showed that some of the solder
splices on the audio panel were the
possible cause of these malfunctions.
This condition, if not detected and
corrected, could impair the co-pilot’s
capability to react immediately to
operational difficulties. The EASA AD
requires inspecting the solder splices
and related wires for their condition and
for proper installation, and if required,
replacing the solder splices.
Comments
After our NPRM (77 FR 30236, May
22, 2012) was published, we received
comments from four commenters.
Request
One commenter requested we include
a statement that previous compliance
with Agusta Bollettino Tecnico No.
139–249 fulfills the requirements of the
proposed AD. We disagree that
compliance with this service
information will always fulfill the
requirements of this AD. The service
information only requires the
replacement of damaged splices, while
this AD requires the replacement of all
solder splices. We have made a minor
change to the language of paragraph (e)
to clarify this requirement.
Three commenters expressed support
for proposed changes to the living
history flight experience regulations.
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
These comments appear to have been
posted in error in this docket as they are
not relevant to the NPRM (77 FR 30236,
May 22, 2012).
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, reviewed the
relevant information, considered the
comments received, and determined the
unsafe condition exists and is likely to
exist or develop on other helicopters of
these same type designs and that air
safety and the public interest require
adopting the AD requirements as
proposed except for minor editorial
changes in paragraph (e) to clarify the
intent of that paragraph. These minor
editorial changes are consistent with the
intent of the proposals in the NPRM (77
FR 30236, May 22, 2012) and will not
increase the economic burden on any
operator nor increase the scope of the
AD.
Differences Between This AD and the
EASA AD
The EASA AD requires performing a
visual inspection and manual pull-test
of the solder splices, while this AD does
not. The EASA AD requires that
damaged or defective splices be
replaced, while this AD requires the
replacement of all splices with a part
number listed in the service
information. The EASA AD requires
compliance within 600 flight hours or 6
months, while this AD requires
compliance within 500 hours TIS or 5
months.
Related Service Information
Agusta has issued Bollettino Tecnico
(BT) No. 139–249, dated July 13, 2011
(BT 139–249), which specifies
performing an inspection and manual
pull-test of the solder splices and
replacing any splices which fail the
inspection or pull-test. EASA classified
this BT as mandatory and issued 2011–
0140 to ensure the continued
airworthiness of these helicopters.
Costs of Compliance
We estimate that this AD will affect
32 helicopters of U.S. Registry. We
estimate that operators may incur the
following costs in order to comply with
this AD. Replacing the solder splices
will require approximately 110 workhours at an average labor cost of $85 per
E:\FR\FM\08NOR1.SGM
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Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Rules and Regulations
hour and required parts will cost $200,
for a total cost to the operator of $9,550
and a total cost to the U.S. operator fleet
of $305,600.
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
helicopters identified in this rulemaking
action.
Regulatory Findings
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 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.
wreier-aviles on DSK5TPTVN1PROD with RULES
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:
VerDate Mar<15>2010
15:17 Nov 07, 2013
Jkt 232001
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2013–22–16 Agusta S.P.A. (Type Certificate
Currently Held By Agustawestland)
Helicopters: Amendment 39–17648;
Docket No. FAA–2012–0529; Directorate
Identifier 2011–SW–050–AD.
(a) Applicability
This AD applies to Agusta S.p.A. Model
AW139 helicopters, serial numbers 31248,
31249, 41001 through 41023, 41201 through
41234, 41236, 41237 through 41255 (except
41240, 41242, 41246, 41249, 41251, and
41252), and 41257, certificated in any
category.
(b) Unsafe Condition
This AD defines the unsafe condition as
intermittent noise through the audio system
during flight caused by improper installation
of solder splices on the co-pilot’s audio
panel. This condition could result in
degradation and complete loss of
communications between the pilot and copilot during flight, impairing the co-pilot’s
capability to react immediately to operational
difficulties, which could lead to subsequent
loss of control of the helicopter.
(c) Effective Date
This AD becomes effective December 13,
2013.
(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 Action
Within 500 hours time-in-service or 5
months, or in the event of an AVIONICS
FAULT crew alerting system (CAS) message,
whichever occurs first, replace each co-pilot
audio panel solder splice listed in Tables 1
and 2 of Agusta Bollettino Tecnico No. 139–
249, dated July 13, 2011 (BT), by following
the procedures in paragraphs 7.1 through
7.11. and Figures 12, 14, and 15 of the BT.
(f) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Safety Management
Group, FAA, may approve AMOCs for this
AD. Send your proposal to: John VanHoudt,
Aerospace Engineer, FAA, Rotorcraft
Directorate, Regulations and Policy Group,
2601 Meacham Blvd., Fort Worth, Texas
76137, telephone (817) 222–5110, email
john.vanhoudt@faa.gov.
(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
PO 00000
Frm 00023
Fmt 4700
Sfmt 9990
67017
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) The subject of this AD is addressed in
European Aviation Safety Agency (EASA) AD
No. 2011–0140, dated July 20, 2011. You may
view the EASA AD on the Internet at
https://www.regulations.gov in Docket No.
FAA–2012–0529.
(h) Subject
Joint Aircraft System Component (JASC)
Code: 2397: Communications System Wiring.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference 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) Agusta Bollettino Tecnico No. 139–249,
dated July 13, 2011.
(ii) Reserved.
(3) For Agusta 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 https://
www.agustawestland.com/technicalbullettins.
(4) You may view this service information
at 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: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Fort Worth, Texas, on October 25,
2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate,
Aircraft Certification Service.
[FR Doc. 2013–26048 Filed 11–7–13; 8:45 am]
BILLING CODE 4910–13–P
E:\FR\FM\08NOR1.SGM
08NOR1
Agencies
[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Rules and Regulations]
[Pages 67015-67017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26048]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0529; Directorate Identifier 2011-SW-050-AD;
Amendment 39-17648; AD 2013-22-16]
RIN 2120-AA64
Airworthiness Directives; Agusta S.p.A. (Type Certificate
Currently Held by Agusta Westland) Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 67016]]
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Agusta S.p.A. (Agusta) Model AW139 helicopters. This AD requires
replacing certain solder splices in the co-pilot audio system. This AD
was prompted by the discovery of improper installation of solder
splices on the co-pilot audio system causing intermittent noise through
the audio system during flight. The actions of this AD are intended to
prevent degradation and complete loss of communications between the
pilot and co-pilot during flight, impairing the co-pilot's capability
to react immediately to operational difficulties, which could lead to
subsequent loss of control of the helicopter.
DATES: This AD is effective December 13, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of December 13,
2013.
ADDRESSES: 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 https://www.agustawestland.com/technical-bullettins. 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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov 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,
the economic evaluation, any comments received, and other information.
The street address for the Docket Operations Office (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations Office,
M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: John VanHoudt, Aerospace Engineer,
FAA, Rotorcraft Directorate, Regulations and Policy Group, 2601 Meacham
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5110, email
john.vanhoudt@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
On May 22, 2012, at 77 FR 30236, the Federal Register published our
notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR
part 39 by adding an AD that would apply to certain Agusta AW139
helicopters. The NPRM proposed to require within 500 hours time-in-
service (TIS) or six months or when an ``AVIONICS FAULT'' crew alerting
system (CAS) message is displayed, whichever occurs first, replacing
all solder splices in the co-pilot audio system. The proposed
requirements were intended to prevent degradation and complete loss of
communications between the pilot and co-pilot during flight, impairing
the co-pilot's capability to react immediately to operational
difficulties, which could lead to subsequent loss of control of the
helicopter.
The NPRM was prompted by AD No. 2011-0140, dated July 20, 2011,
issued by EASA, which is the Technical Agent for the Member States of
the European Union. EASA issued AD No. 2011-0140 to correct an unsafe
condition for certain Agusta AW139 helicopters. EASA advises that some
occurrences of intermittent noise in the co-pilot audio system have
been reported. The technical investigation carried out by Agusta showed
that some of the solder splices on the audio panel were the possible
cause of these malfunctions. This condition, if not detected and
corrected, could impair the co-pilot's capability to react immediately
to operational difficulties. The EASA AD requires inspecting the solder
splices and related wires for their condition and for proper
installation, and if required, replacing the solder splices.
Comments
After our NPRM (77 FR 30236, May 22, 2012) was published, we
received comments from four commenters.
Request
One commenter requested we include a statement that previous
compliance with Agusta Bollettino Tecnico No. 139-249 fulfills the
requirements of the proposed AD. We disagree that compliance with this
service information will always fulfill the requirements of this AD.
The service information only requires the replacement of damaged
splices, while this AD requires the replacement of all solder splices.
We have made a minor change to the language of paragraph (e) to clarify
this requirement.
Three commenters expressed support for proposed changes to the
living history flight experience regulations. These comments appear to
have been posted in error in this docket as they are not relevant to
the NPRM (77 FR 30236, May 22, 2012).
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, reviewed the relevant information, considered the comments
received, and determined the unsafe condition exists and is likely to
exist or develop on other helicopters of these same type designs and
that air safety and the public interest require adopting the AD
requirements as proposed except for minor editorial changes in
paragraph (e) to clarify the intent of that paragraph. These minor
editorial changes are consistent with the intent of the proposals in
the NPRM (77 FR 30236, May 22, 2012) and will not increase the economic
burden on any operator nor increase the scope of the AD.
Differences Between This AD and the EASA AD
The EASA AD requires performing a visual inspection and manual
pull-test of the solder splices, while this AD does not. The EASA AD
requires that damaged or defective splices be replaced, while this AD
requires the replacement of all splices with a part number listed in
the service information. The EASA AD requires compliance within 600
flight hours or 6 months, while this AD requires compliance within 500
hours TIS or 5 months.
Related Service Information
Agusta has issued Bollettino Tecnico (BT) No. 139-249, dated July
13, 2011 (BT 139-249), which specifies performing an inspection and
manual pull-test of the solder splices and replacing any splices which
fail the inspection or pull-test. EASA classified this BT as mandatory
and issued 2011-0140 to ensure the continued airworthiness of these
helicopters.
Costs of Compliance
We estimate that this AD will affect 32 helicopters of U.S.
Registry. We estimate that operators may incur the following costs in
order to comply with this AD. Replacing the solder splices will require
approximately 110 work-hours at an average labor cost of $85 per
[[Page 67017]]
hour and required parts will cost $200, for a total cost to the
operator of $9,550 and a total cost to the U.S. operator fleet of
$305,600.
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 helicopters identified in this
rulemaking action.
Regulatory Findings
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 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):
2013-22-16 Agusta S.P.A. (Type Certificate Currently Held By
Agustawestland) Helicopters: Amendment 39-17648; Docket No. FAA-
2012-0529; Directorate Identifier 2011-SW-050-AD.
(a) Applicability
This AD applies to Agusta S.p.A. Model AW139 helicopters, serial
numbers 31248, 31249, 41001 through 41023, 41201 through 41234,
41236, 41237 through 41255 (except 41240, 41242, 41246, 41249,
41251, and 41252), and 41257, certificated in any category.
(b) Unsafe Condition
This AD defines the unsafe condition as intermittent noise
through the audio system during flight caused by improper
installation of solder splices on the co-pilot's audio panel. This
condition could result in degradation and complete loss of
communications between the pilot and co-pilot during flight,
impairing the co-pilot's capability to react immediately to
operational difficulties, which could lead to subsequent loss of
control of the helicopter.
(c) Effective Date
This AD becomes effective December 13, 2013.
(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 Action
Within 500 hours time-in-service or 5 months, or in the event of
an AVIONICS FAULT crew alerting system (CAS) message, whichever
occurs first, replace each co-pilot audio panel solder splice listed
in Tables 1 and 2 of Agusta Bollettino Tecnico No. 139-249, dated
July 13, 2011 (BT), by following the procedures in paragraphs 7.1
through 7.11. and Figures 12, 14, and 15 of the BT.
(f) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: John VanHoudt, Aerospace
Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group,
2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-
5110, email john.vanhoudt@faa.gov.
(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) The subject of this AD is addressed in European Aviation
Safety Agency (EASA) AD No. 2011-0140, dated July 20, 2011. You may
view the EASA AD on the Internet at https://www.regulations.gov in
Docket No. FAA-2012-0529.
(h) Subject
Joint Aircraft System Component (JASC) Code: 2397:
Communications System Wiring.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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) Agusta Bollettino Tecnico No. 139-249, dated July 13, 2011.
(ii) Reserved.
(3) For Agusta 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
https://www.agustawestland.com/technical-bullettins.
(4) You may view this service information at 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Fort Worth, Texas, on October 25, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2013-26048 Filed 11-7-13; 8:45 am]
BILLING CODE 4910-13-P