Airworthiness Directives; Agusta S.p.A. (Agusta) Helicopters, 73801-73803 [2014-28913]

Download as PDF 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 http://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 http:// 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 VerDate Sep<11>2014 14:38 Dec 11, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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 E:\FR\FM\12DER1.SGM 12DER1 73802 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. VerDate Sep<11>2014 14:38 Dec 11, 2014 Jkt 235001 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 E:\FR\FM\12DER1.SGM 12DER1 Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations 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 http:// 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 http://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 http:// 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: http:// VerDate Sep<11>2014 14:38 Dec 11, 2014 Jkt 235001 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 http:// 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 Frm 00003 Fmt 4700 Sfmt 4700 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: http://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 E:\FR\FM\12DER1.SGM 12DER1

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 http://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 http://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]

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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 http://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 http://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 http://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: http://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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