Airworthiness Directives; Agusta S.p.A. (Agusta) Helicopters, 73801-73803 [2014-28913]
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73801
Rules and Regulations
Federal Register
Vol. 79, No. 239
Friday, December 12, 2014
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
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.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
Federal Aviation Administration
www.regulations.gov or in person at the
Docket Operations Office between 9
14 CFR Part 39
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
[Docket No. FAA–2008–0256; Directorate
Identifier 2007–SW–01–AD; Amendment 39– docket contains this AD, the European
18046; AD 2008–14–02 R1]
Aviation Safety Agency (EASA) AD, any
incorporated-by-reference service
RIN 2120–AA64
information, the economic evaluation,
any comments received, and other
Airworthiness Directives; Agusta
information. The street address for the
S.p.A. (Agusta) Helicopters
Docket Operations Office (phone: 800–
AGENCY: Federal Aviation
647–5527) is U.S. Department of
Administration (FAA), DOT.
Transportation, Docket Operations
ACTION: Final rule.
Office, M–30, West Building Ground
Floor, Room W12–140, 1200 New Jersey
SUMMARY: We are revising Airworthiness Avenue SE., Washington, DC 20590.
Directive (AD) 2008–14–02 for Agusta
FOR FURTHER INFORMATION CONTACT:
Model AB139 and AW139 helicopters.
Sharon Miles, Aviation Safety Engineer,
AD 2008–14–02 required inspecting the
Regulations and Policy Group,
fuselage frame to detect fatigue cracks
Rotorcraft Directorate, FAA, 2601
which could lead to structural failure
Meacham Blvd., Fort Worth, Texas
and subsequent loss of control of the
76137; telephone (817) 222–5110; email
helicopter. Since we issued AD 2008–
sharon.y.miles@faa.gov.
14–02, Agusta developed a frame
SUPPLEMENTARY INFORMATION:
reinforcement modification, which
supports extending the interval for
Discussion
inspecting the fuselage frame for a
We issued a notice of proposed
fatigue crack. This new AD requires
rulemaking (NPRM) to amend 14 CFR
inspecting the fuselage frame for a crack
part 39 to revise AD 2008–14–02,
and reduces the applicability from AD
Amendment 39–15597 (73 FR 39572,
2008–14–02 to exclude helicopters with
July 10, 2008) (AD 2008–14–02), for
the frame reinforcement modification.
Agusta Model AB 139 and AW 139
The actions of this AD are intended to
helicopters. The NPRM published in the
detect a fatigue crack that could result
Federal Register on July 8, 2013 (78 FR
in failure of the fuselage frame and
40640). The NPRM proposed to retain
subsequent loss of control of the
all requirements of AD 2008–14–02 but
helicopter.
remove from the applicability section
DATES: This AD is effective January 16,
any helicopter modified by installing
2015.
structural reinforcement skins in
The Director of the Federal Register
accordance with Agusta Bollettino
approved the incorporation by reference Tecnico No. 139–089, dated February
of a certain document listed in this AD
19, 2010 (BT 139–089). The NPRM
as of August 14, 2008 (73 FR 39572, July proposed to continue to require initially
10, 2008).
inspecting the fuselage frame 5700
middle section within 10 hours time-inADDRESSES: For service information
service (TIS), or upon accumulating 100
identified in this AD, contact
hours TIS since new, whichever occurs
AgustaWestland, Product Support
Engineering, Via del Gregge, 100, 21015 later, for a crack. The NPRM also
rljohnson on DSK3VPTVN1PROD with RULES
DEPARTMENT OF TRANSPORTATION
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proposed to continue to require
repeating this inspection at intervals not
exceeding 100 hours TIS, and, if there
is a crack, before further flight, repairing
the crack in accordance with FAAapproved procedures.
The NPRM was prompted by AD No.
2006–0357R1, dated April 22, 2010,
issued by EASA, which is the Technical
Agent for the Member States of the
European Union, to correct an unsafe
condition for Agusta Model AB 139 and
AW 139 helicopters. EASA advised that
tests have shown that the Agusta AB/
AW 139’s fuselage frame 5700 middle
section is prone to fatigue damage.
EASA issued AD No. 2006–0357R1 to
revise EASA AD No. 2006–0357, dated
November 29, 2006, by removing Agusta
Model AB139 and AW139 helicopters
modified with the structural reinforced
frames from the applicability
requirements of the fatigue crack
inspection.
Comments
After our NPRM (78 FR 40640, July 8,
2013), was published, we received a
comment from one commenter.
Request
One commenter requested that the
Applicability section include an
exception for Agusta Model AB139 and
AW139 helicopters with Main Cabin
serial numbers (S/Ns) ‘‘TA1721 and
subsequent,’’ and ‘‘PZL219 and
subsequent.’’ The commenter proposed
this change because the specified
helicopters have left-hand (LH) frame
station 5700 part number (P/N)
3P5338A13354 and right-hand (RH)
frame station 5700 P/N 3P5338A13454
installed.
We disagree that such a change is
necessary. Paragraph (a) of the AD states
that it does not apply to helicopters
with LH frame station 5700, P/N
3P5338A13354, and RH frame station
5700, P/N 3P5338A13454, installed.
Thus, helicopters with the specified
main cabin S/Ns are already excepted
from the applicability of this AD.
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
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Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations
because we evaluated all information
provided by EASA, reviewed the
relevant information, considered the
comment 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 we have correctly
stated the design holder’s name as
Agusta S.p.A. instead of
AgustaWestland S.p.A. as specified by
the current FAA type certificate. This
change is consistent with the intent of
the proposals in the NPRM (78 FR
40640, July 8, 2013) 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 contacting the
type certificate (TC) holder for further
instructions if damage or a crack is
found; this AD requires repairing the
crack, before further flight, with FAAapproved procedures with no
requirement to contact the TC holder.
The EASA AD also excludes helicopters
with S/Ns 31002, 31003, 31004, and
31007; whereas, this AD does not.
rljohnson on DSK3VPTVN1PROD with RULES
Related Service Information
Agusta issued Bollettino Tecnico No.
139–018, Revision B, dated October 18,
2006, which specifies inspection
procedures for the middle section frame
5700 for all Model AB139 and AW139
helicopters except S/Ns 31002, 31003,
31004, and 31007. Subsequently, Agusta
issued BT 139–089, which describes
procedures for installing carbon fiber
structural reinforcement skins at frame
station 5700 for two part-numbered
fuselage frames and for one frame
station 3900 fuselage frame. Once the
fuselage frames have been modified in
accordance with BT 139–089, the
inspection interval of Mandatory
Inspection Task MI53–12 may be
extended.
Costs of Compliance
We estimate this AD affects 33
helicopters of U.S. Registry. We estimate
that operators may incur the following
costs in order to comply with this AD.
It will take about 1 work-hour to comply
with the initial and each subsequent
inspection required by this AD. The
average labor rate is $85 per work-hour
so the approximate cost for each
inspection is $85 per helicopter or
$2,805 for the U.S.-registered fleet. We
estimate the cost to repair the fuselage
middle frame section to be about
$10,000.
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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
1. The authority citation for part 39
continues to read as follows:
■
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Airworthiness Directive (AD)
2008–14–02, Amendment 39–15597 (73
FR 39572, July 10, 2008), and adding the
following new AD:
■
2008–14–02 R1 Agusta S.p.A. (Agusta)
Helicopters: Amendment 39–18046;
Docket No. FAA–2008–0256; Directorate
Identifier 2007–SW–01–AD.
(a) Applicability
This AD applies to Agusta Model AB139
and AW139 helicopters, except helicopters
with reinforcement skin part number (P/N)
3G5306P08512 installed on left hand (LH)
frame station 5700 P/N 3P5338A13352 and
right hand (RH) frame station 5700 P/N
3P5338A13452; or with reinforcement skin
P/N 3G5306P08513 installed on LH frame
station 5700 P/N 3P5338A13353 and RH
frame station 5700 P/N 3P5338A13453; or
with LH frame station 5700 P/N
3P5338A13354 and RH frame station 5700
P/N 3P5338A13454, installed; certificated in
any category.
(b) Unsafe Condition
This AD defines the unsafe condition as a
fatigue crack in the fuselage frame 5700
middle section. This condition could result
in structural failure of the frame and
subsequent loss of control of the helicopter.
(c) Affected ADs
This AD revises AD 2008–14–02,
Amendment 39–15597 (73 FR 39572, July 10,
2008).
(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),
or upon accumulating 100 hours TIS since
new, whichever occurs later, inspect the
fuselage frame 5700 middle section for a
crack in accordance with the Compliance
Instructions, paragraphs 1. through 4., of
Agusta Bollettino Tecnico No. 139–018,
Revision B, dated October 18, 2006.
(2) Thereafter, at intervals not exceeding
100 hours TIS, repeat the inspection as
required by paragraph (e)(1) of this AD.
(3) If there is a crack, before further flight,
repair the crack in accordance with an FAAapproved procedure.
(f) Effective Date
This AD becomes effective January 16,
2015.
(g) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Safety Management
Group, FAA, may approve AMOCs for this
AD. Send your proposal to: Sharon Miles,
Aviation Safety Engineer, Regulations and
Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas
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76137; telephone (817) 222–5110; email
sharon.y.miles@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.
(h) Additional Information
(1) Agusta Bollettino Tecnico No. 139–089,
dated February 19, 2010, which is not
incorporated by reference, contains
additional information about the subject of
this AD. For this service information, 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 a copy of the
service information at the FAA, Office of the
Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth,
Texas 76137.
(2) The subject of this AD is addressed in
European Aviation Safety Agency (EASA) AD
No. 2006–0357R1, dated April 22, 2010. You
may view the EASA AD on the Internet at
https://www.regulations.gov in Docket No.
FAA–2008–0256.
rljohnson on DSK3VPTVN1PROD with RULES
(i) Subject
Joint Aircraft Service Component (JASC)
Code: 5311, Fuselage, Main Frame.
(j) 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 the AD specifies otherwise.
(3) The following service information was
approved for IBR on August 14, 2008 (73 FR
39572, July 10, 2008).
(i) Agusta Bollettino Tecnico No. 139–018,
Revision B, dated October 18, 2006.
(ii) Reserved.
(4) For Agusta 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.
(5) 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.
(6) 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://
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14:38 Dec 11, 2014
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www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Fort Worth, Texas, on November
24, 2014.
Kim Smith,
Directorate Manager, Rotorcraft Directorate,
Aircraft Certification Service.
[FR Doc. 2014–28913 Filed 12–11–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2014–0717; Directorate
Identifier 2014–CE–026–AD; Amendment
39–18045; AD 2014–25–04]
RIN 2120–AA64
Airworthiness Directives; Pilatus
Aircraft Limited Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are superseding an
airworthiness directive (AD) 2013–11–
08 for Pilatus Aircraft Limited Models
PC–6, PC–6–H1, PC–6–H2, PC–6/350,
PC–6/350–H1, PC–6/350–H2, PC–6/A,
PC–6/A–H1, PC–6/A–H2, PC–6/B–H2,
PC–6/B1–H2, PC–6/B2–H2, PC–6/B2–
H4, PC–6/C–H2, and PC–6/C1–H2
airplanes. This AD results from
mandatory continuing airworthiness
information (MCAI) issued 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 need
to incorporate new revisions into the
aircraft maintenance manual or in the
limitations document of the FAAapproved maintenance program. We are
issuing this AD to require actions to
address the unsafe condition on these
products.
SUMMARY:
This AD is effective January 16,
2015.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of January 16, 2015.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2014–
0717; or in person at the Docket
Management Facility, U.S. Department
of Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
DATES:
PO 00000
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73803
For service information identified in
this AD, contact PILATUS AIRCRAFT
LTD., Customer Liaison Manager, CH–
6371 STANS, Switzerland; telephone:
+41 (0) 41 619 65 80; fax: +41 (0) 41 619
65 76; Internet: https://www.pilatusaircraft.com; email: fodermatt@pilatusaircraft.com. You may view this
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.
FOR FURTHER INFORMATION CONTACT:
Doug Rudolph, Aerospace Engineer,
FAA, Small Airplane Directorate, 901
Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329–
4059; fax: (816) 329–4090; email:
doug.rudolph@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to add an AD that would apply
to Pilatus Aircraft Limited Models PC–
6, PC–6–H1, PC–6–H2, PC–6/350, PC–6/
350–H1, PC–6/350–H2, PC–6/A, PC–6/
A–H1, PC–6/A–H2, PC–6/B–H2, PC–6/
B1–H2, PC- 6/B2–H2, PC–6/B2–H4, PC–
6/C–H2, and PC–6/C1–H2 airplanes.
That NPRM was published in the
Federal Register on September 18, 2014
(79 FR 56023), and proposed to
supersede AD 2013–11–08, Amendment
39–17468 (78 FR 37701; June 24, 2013).
The NPRM proposed to correct an
unsafe condition for the specified
products and was based on mandatory
continuing airworthiness information
(MCAI) originated by an aviation
authority of another country. The MCAI
states that:
The maintenance instructions and
airworthiness limitations applicable to the
Structure and Components of PC–6
aeroplanes are specified in the Aircraft
Maintenance Manual (AMM) under Chapter
4 or in the Airworthiness Limitations
Document (ALS), depending on aeroplane
model.
The instructions contained in the ALS
document have been identified as mandatory
actions for continued airworthiness and
failure to comply with these instructions and
limitations could potentially lead to an
unsafe condition.
Pilatus Aircraft Ltd. (Pilatus) recently
issued PC–6 AMM, Chapter 04–00–00,
Document Number 01975 issue 19 for PC–6
B2–H2 and PC–6 B2–H4 aeroplanes and PC–
6 ALS, Document Number 02334 issue 4 for
all other PC–6 aeroplane models to
incorporate new life limits for the Fire
Extinguisher.
For the reason described above, this AD
retains the requirements of EASA AD 2012–
0268, which is superseded, and requires
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Agencies
[Federal Register Volume 79, Number 239 (Friday, December 12, 2014)]
[Rules and Regulations]
[Pages 73801-73803]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28913]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 /
Rules and Regulations
[[Page 73801]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0256; Directorate Identifier 2007-SW-01-AD;
Amendment 39-18046; AD 2008-14-02 R1]
RIN 2120-AA64
Airworthiness Directives; Agusta S.p.A. (Agusta) Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are revising Airworthiness Directive (AD) 2008-14-02 for
Agusta Model AB139 and AW139 helicopters. AD 2008-14-02 required
inspecting the fuselage frame to detect fatigue cracks which could lead
to structural failure and subsequent loss of control of the helicopter.
Since we issued AD 2008-14-02, Agusta developed a frame reinforcement
modification, which supports extending the interval for inspecting the
fuselage frame for a fatigue crack. This new AD requires inspecting the
fuselage frame for a crack and reduces the applicability from AD 2008-
14-02 to exclude helicopters with the frame reinforcement modification.
The actions of this AD are intended to detect a fatigue crack that
could result in failure of the fuselage frame and subsequent loss of
control of the helicopter.
DATES: This AD is effective January 16, 2015.
The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of August 14, 2008
(73 FR 39572, July 10, 2008).
ADDRESSES: 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.
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: Sharon Miles, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110;
email sharon.y.miles@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to revise AD 2008-14-02, Amendment 39-15597 (73 FR 39572, July
10, 2008) (AD 2008-14-02), for Agusta Model AB 139 and AW 139
helicopters. The NPRM published in the Federal Register on July 8, 2013
(78 FR 40640). The NPRM proposed to retain all requirements of AD 2008-
14-02 but remove from the applicability section any helicopter modified
by installing structural reinforcement skins in accordance with Agusta
Bollettino Tecnico No. 139-089, dated February 19, 2010 (BT 139-089).
The NPRM proposed to continue to require initially inspecting the
fuselage frame 5700 middle section within 10 hours time-in-service
(TIS), or upon accumulating 100 hours TIS since new, whichever occurs
later, for a crack. The NPRM also proposed to continue to require
repeating this inspection at intervals not exceeding 100 hours TIS,
and, if there is a crack, before further flight, repairing the crack in
accordance with FAA-approved procedures.
The NPRM was prompted by AD No. 2006-0357R1, dated April 22, 2010,
issued by EASA, which is the Technical Agent for the Member States of
the European Union, to correct an unsafe condition for Agusta Model AB
139 and AW 139 helicopters. EASA advised that tests have shown that the
Agusta AB/AW 139's fuselage frame 5700 middle section is prone to
fatigue damage. EASA issued AD No. 2006-0357R1 to revise EASA AD No.
2006-0357, dated November 29, 2006, by removing Agusta Model AB139 and
AW139 helicopters modified with the structural reinforced frames from
the applicability requirements of the fatigue crack inspection.
Comments
After our NPRM (78 FR 40640, July 8, 2013), was published, we
received a comment from one commenter.
Request
One commenter requested that the Applicability section include an
exception for Agusta Model AB139 and AW139 helicopters with Main Cabin
serial numbers (S/Ns) ``TA1721 and subsequent,'' and ``PZL219 and
subsequent.'' The commenter proposed this change because the specified
helicopters have left-hand (LH) frame station 5700 part number (P/N)
3P5338A13354 and right-hand (RH) frame station 5700 P/N 3P5338A13454
installed.
We disagree that such a change is necessary. Paragraph (a) of the
AD states that it does not apply to helicopters with LH frame station
5700, P/N 3P5338A13354, and RH frame station 5700, P/N 3P5338A13454,
installed. Thus, helicopters with the specified main cabin S/Ns are
already excepted from the applicability of this AD.
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
[[Page 73802]]
because we evaluated all information provided by EASA, reviewed the
relevant information, considered the comment 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 we have correctly stated the design holder's name as Agusta
S.p.A. instead of AgustaWestland S.p.A. as specified by the current FAA
type certificate. This change is consistent with the intent of the
proposals in the NPRM (78 FR 40640, July 8, 2013) 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 contacting the type certificate (TC) holder
for further instructions if damage or a crack is found; this AD
requires repairing the crack, before further flight, with FAA-approved
procedures with no requirement to contact the TC holder. The EASA AD
also excludes helicopters with S/Ns 31002, 31003, 31004, and 31007;
whereas, this AD does not.
Related Service Information
Agusta issued Bollettino Tecnico No. 139-018, Revision B, dated
October 18, 2006, which specifies inspection procedures for the middle
section frame 5700 for all Model AB139 and AW139 helicopters except S/
Ns 31002, 31003, 31004, and 31007. Subsequently, Agusta issued BT 139-
089, which describes procedures for installing carbon fiber structural
reinforcement skins at frame station 5700 for two part-numbered
fuselage frames and for one frame station 3900 fuselage frame. Once the
fuselage frames have been modified in accordance with BT 139-089, the
inspection interval of Mandatory Inspection Task MI53-12 may be
extended.
Costs of Compliance
We estimate this AD affects 33 helicopters of U.S. Registry. We
estimate that operators may incur the following costs in order to
comply with this AD. It will take about 1 work-hour to comply with the
initial and each subsequent inspection required by this AD. The average
labor rate is $85 per work-hour so the approximate cost for each
inspection is $85 per helicopter or $2,805 for the U.S.-registered
fleet. We estimate the cost to repair the fuselage middle frame section
to be about $10,000.
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 removing Airworthiness Directive (AD)
2008-14-02, Amendment 39-15597 (73 FR 39572, July 10, 2008), and adding
the following new AD:
2008-14-02 R1 Agusta S.p.A. (Agusta) Helicopters: Amendment 39-
18046; Docket No. FAA-2008-0256; Directorate Identifier 2007-SW-01-
AD.
(a) Applicability
This AD applies to Agusta Model AB139 and AW139 helicopters,
except helicopters with reinforcement skin part number (P/N)
3G5306P08512 installed on left hand (LH) frame station 5700 P/N
3P5338A13352 and right hand (RH) frame station 5700 P/N
3P5338A13452; or with reinforcement skin P/N 3G5306P08513 installed
on LH frame station 5700 P/N 3P5338A13353 and RH frame station 5700
P/N 3P5338A13453; or with LH frame station 5700 P/N 3P5338A13354 and
RH frame station 5700 P/N 3P5338A13454, installed; certificated in
any category.
(b) Unsafe Condition
This AD defines the unsafe condition as a fatigue crack in the
fuselage frame 5700 middle section. This condition could result in
structural failure of the frame and subsequent loss of control of
the helicopter.
(c) Affected ADs
This AD revises AD 2008-14-02, Amendment 39-15597 (73 FR 39572,
July 10, 2008).
(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), or upon accumulating
100 hours TIS since new, whichever occurs later, inspect the
fuselage frame 5700 middle section for a crack in accordance with
the Compliance Instructions, paragraphs 1. through 4., of Agusta
Bollettino Tecnico No. 139-018, Revision B, dated October 18, 2006.
(2) Thereafter, at intervals not exceeding 100 hours TIS, repeat
the inspection as required by paragraph (e)(1) of this AD.
(3) If there is a crack, before further flight, repair the crack
in accordance with an FAA-approved procedure.
(f) Effective Date
This AD becomes effective January 16, 2015.
(g) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Sharon Miles, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas
[[Page 73803]]
76137; telephone (817) 222-5110; email sharon.y.miles@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.
(h) Additional Information
(1) Agusta Bollettino Tecnico No. 139-089, dated February 19,
2010, which is not incorporated by reference, contains additional
information about the subject of this AD. For this service
information, 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 a copy
of the service information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.
(2) The subject of this AD is addressed in European Aviation
Safety Agency (EASA) AD No. 2006-0357R1, dated April 22, 2010. You
may view the EASA AD on the Internet at https://www.regulations.gov
in Docket No. FAA-2008-0256.
(i) Subject
Joint Aircraft Service Component (JASC) Code: 5311, Fuselage,
Main Frame.
(j) 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 the AD specifies otherwise.
(3) The following service information was approved for IBR on
August 14, 2008 (73 FR 39572, July 10, 2008).
(i) Agusta Bollettino Tecnico No. 139-018, Revision B, dated
October 18, 2006.
(ii) Reserved.
(4) For Agusta 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.
(5) 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.
(6) 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 November 24, 2014.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2014-28913 Filed 12-11-14; 8:45 am]
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