Airworthiness Directives; Agusta S.p.A Helicopters (Type Certificate Currently Held by AgustaWestland S.p.A) (Agusta), 31857-31859 [2014-12719]
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Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Rules and Regulations
(h) Subject
Joint Aircraft Service Component (JASC)
Code: Engine Controls, 7600.
Issued in Fort Worth, Texas, on May 21,
2014.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft
Directorate, Aircraft Certification Service.
[FR Doc. 2014–12717 Filed 6–2–14; 8:45 am]
BILLING CODE 4910–13–P
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)
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
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Examining the AD Docket
Discussion
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 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 https://
www.agustawestland.com/technicalbulletins. 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.
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.
FOR FURTHER INFORMATION CONTACT:
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:
• Federal eRulemaking Docket: Go to
https://www.regulations.gov. Follow the
online instructions for sending your
comments electronically.
• Fax: 202–493–2251.
• 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.
• Hand Delivery: Deliver to the
‘‘Mail’’ address between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
SUMMARY:
31857
Robert Grant, Aviation Safety Engineer,
Safety Management Group, FAA, 2601
Meacham Blvd., Fort Worth, Texas
76137; telephone (817) 222–5110; email
robert.grant@faa.gov.
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.
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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
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31858
Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Rules and Regulations
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.
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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 workhour, 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
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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.
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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 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
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Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Rules and Regulations
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
robert.grant@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.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
(g) Additional Information
HHS.
(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 https://
www.agustawestland.com/technicalbullettins. 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 https://
www.regulations.gov 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]
wreier-aviles on DSK5TPTVN1PROD with RULES
BILLING CODE 4910–13–P
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Food and Drug Administration
21 CFR Part 878
[Docket No. FDA–2014–N–0576]
Medical Devices; General and Plastic
Surgery Devices; Classification of the
Powered Surgical Instrument for
Improvement in the Appearance of
Cellulite
AGENCY:
ACTION:
Food and Drug Administration,
Final order.
The Food and Drug
Administration (FDA) is classifying the
powered surgical instrument for
improvement in the appearance of
cellulite into class II (special controls).
The Agency is classifying the device
into class II (special controls) in order
to provide a reasonable assurance of
safety and effectiveness of the device.
DATES: This order is effective July 3,
2014. The classification was applicable
on July 12, 2013.
FOR FURTHER INFORMATION CONTACT:
Jitendra Virani, Center for Devices and
Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. G459, Silver Spring,
MD 20993–0002, 301–796–6398.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
In accordance with section 513(f)(1) of
the Federal Food, Drug, and Cosmetic
Act (the FD&C Act) (21 U.S.C.
360c(f)(1)), devices that were not in
commercial distribution before May 28,
1976 (the date of enactment of the
Medical Device Amendments of 1976),
generally referred to as postamendments
devices, are classified automatically by
statute into class III without any FDA
rulemaking process. These devices
remain in class III and require
premarket approval, unless and until
the device is classified or reclassified
into class I or II, or FDA issues an order
finding the device to be substantially
equivalent, in accordance with section
513(i) of the FD&C Act, to a predicate
device that does not require premarket
approval. The Agency determines
whether new devices are substantially
equivalent to predicate devices by
means of premarket notification
procedures in section 510(k) of the
FD&C Act (21 U.S.C. 360(k)) and part
807 (21 CFR part 807) of the regulations.
Section 513(f)(2) of the FD&C Act, as
amended by section 607 of the Food and
Drug Administration Safety and
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31859
Innovation Act (Pub. L. 112–144, July 9,
2012, 126 Stat. 1054), provides two
procedures by which a person may
request FDA to classify a device under
the criteria set forth in section 513(a)(1)
(a de novo request). Under the first
procedure, the person submits a
premarket notification under section
510(k) of the FD&C Act for a device that
has not previously been classified and,
within 30 days of receiving an order
classifying the device into class III
under section 513(f)(1) of the FD&C Act,
the person requests a classification
under section 513(f)(2). Under the
second procedure, rather than first
submitting a premarket notification
under section 510(k) and then a request
for classification under the first
procedure, the person determines that
there is no legally marketed device upon
which to base a determination of
substantial equivalence and requests a
classification under section 513(f)(2) of
the FD&C Act. If the person submits a
request to classify the device under this
second procedure, FDA may decline to
undertake the classification request if
FDA identifies a legally marketed device
that could provide a reasonable basis for
review of substantial equivalence with
the device or if FDA determines that the
device submitted is not of ‘‘lowmoderate risk’’ or that general controls
would be inadequate to control the risks
and special controls to mitigate the risks
cannot be developed.
In response to a request to classify a
device under either procedure provided
by section 513(f)(2) of the FD&C Act,
FDA will classify the device by written
order within 120 days. This
classification will be the initial
classification of the device. In
accordance with section 513(f)(1) of the
FD&C Act, FDA issued an order on
March 14, 2011, classifying the
Cabochon System into class III, because
it was not substantially equivalent to a
device that was introduced or delivered
for introduction into interstate
commerce for commercial distribution
before May 28, 1976, or a device which
was subsequently reclassified into class
I or class II. On October 29, 2011,
Cabochon Aesthetics, Inc., submitted a
request for classification of the
Cabochon System under section
513(f)(2) of the FD&C Act. The
manufacturer recommended that the
device be classified into class II (Ref. 1).
In accordance with section 513(f)(2) of
the FD&C Act, FDA reviewed the
request in order to classify the device
under the criteria for classification set
forth in section 513(a)(1) of the FD&C
Act. FDA classifies devices into class II
if general controls by themselves are
insufficient to provide reasonable
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Agencies
[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Rules and Regulations]
[Pages 31857-31859]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12719]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
Fax: 202-493-2251.
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.
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 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 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 https://www.agustawestland.com/technical-bulletins. 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 robert.grant@faa.gov.
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
robert.grant@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) 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 https://www.agustawestland.com/technical-bullettins. 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 https://www.regulations.gov 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]
BILLING CODE 4910-13-P