Airworthiness Directives; Agusta S.p.A. Helicopters, 15495-15498 [2018-07285]

Download as PDF Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Rules and Regulations e. In paragraph (c)(1)(iii), by removing the word ‘‘rinderpest,’’; ■ f. In paragraphs (c)(1)(v) and (c)(5) and (6), by removing the words ‘‘rinderpest or’’; and ■ g. In paragraph (c)(7), by removing the word ‘‘rinderpest,’’. The revision reads as follows: ■ Done in Washington, DC, this 4th day of April 2018. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2018–07232 Filed 4–10–18; 8:45 am] BILLING CODE 3410–34–P § 98.34 Import permits for poultry semen and animal semen. DEPARTMENT OF TRANSPORTATION * Federal Aviation Administration * * * * (c) * * * (1) * * * (i) The donor animal shall have been inspected on the farm of origin or on another premises (the inspection may be on another premises only if a veterinarian of the Department has traced the donor animal back to its farm of origin) by a veterinarian of the United States Department of Agriculture who, in cooperation with the veterinary service of the region of origin of the donor animal, shall have determined, insofar as possible, that the donor animal was never infected with footand-mouth disease; that the donor animal was never on a farm or other premises where foot-and-mouth disease then existed; that the donor animal has not been on a premises that had an animal that was susceptible to the virus of foot-and-mouth disease and that was exposed to the disease during the 12 months immediately prior to the date of inspection of the donor animal; that the donor animal, if a swine, has never been vaccinated against foot-and-mouth disease; and that the donor animal was free from evidence of other communicable disease; * * * * * PART 104—PERMITS FOR BIOLOGICAL PRODUCTS 47. The authority for part 104 continues to read as follows: ■ Authority: 21 U.S.C. 151–159; 7 CFR 2.22, 2.80, and 371.4. 48. Section 104.2 is amended by revising paragraph (b) to read as follows: ■ § 104.2 Permit authorized. nshattuck on DSK9F9SC42PROD with RULES * * * * * (b) A permit shall not be issued for a biological product from countries known to have exotic diseases, including but not limited to foot-andmouth disease, highly pathogenic avian influenza, swine vesicular disease, Newcastle disease, and African swine fever, if in the opinion of the Administrator, such products may endanger the livestock or poultry of this country. * * * * * VerDate Sep<11>2014 14:51 Apr 10, 2018 Jkt 244001 14 CFR Part 39 [Docket No. FAA–2018–0170; Product Identifier 2017–SW–091–AD; Amendment 39–19239; AD 2018–07–08] RIN 2120–AA64 Airworthiness Directives; Agusta S.p.A. Helicopters Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. AGENCY: We are adopting a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model A109E, A109K2, A109S, AW109SP, A119, and AW119 MKII helicopters. This AD reduces the life limit of and requires inspecting a tail rotor blade retention bolt (bolt). This AD is prompted by the discovery of a cracked bolt. The actions of this AD are intended to address an unsafe condition on these products. DATES: This AD becomes effective April 26, 2018. The Director of the Federal Register approved the incorporation by reference of certain documents listed in this AD as of April 26, 2018. We must receive comments on this AD by June 11, 2018. 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: Examining the AD Docket You may examine the AD docket on the internet at https:// PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 15495 www.regulations.gov by searching for and locating Docket No. FAA–2018– 0170; or in person at Docket Operations 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-byreference service information, the economic evaluation, any comments received, and other information. The street address for Docket Operations (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 final rule, contact Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness, Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone +39–0331–711756; fax +39– 0331–229046; or at https:// www.leonardocompany.com/-/bulletins. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. It is also available on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2018– 0170. FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222–5110; email matthew.fuller@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 E:\FR\FM\11APR1.SGM 11APR1 15496 Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Rules and Regulations rulemaking during the comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments. nshattuck on DSK9F9SC42PROD with RULES Discussion EASA, which is the Technical Agent for the Member States of the European Union, has issued Emergency AD No. 2016–0173–E, dated August 24, 2016, to correct an unsafe condition for Leonardo S.p.A. (formerly Agusta) Model A109E, A109K2, A109LUH, A109S, A119, AW109SP, and AW119MKII helicopters. EASA advises of a crack found in a bolt, part number (P/N) 709–0160–57–101, during a preflight inspection of a Model A109E helicopter. This part-numbered bolt is also installed on Model A109K2, A109LUH, A109S, A119, AW109SP, and AW119MKII helicopters. Subsequent investigation did not identify the cause of the crack. EASA advises that this condition, if not detected and corrected, could lead to failure of the tail rotor, possibly resulting in loss of control of the helicopter. As a precautionary measure pending the completion of the investigation and to address the unsafe condition, the EASA AD requires reducing the life limit of and repetitively inspecting the bolts. The EASA AD is considered an interim action and further AD action may follow. Accordingly, this AD requires reducing the life limit of bolt P/N 709– 0160–57–101 to 800 hours time-inservice (TIS) or 3,200 landings, depending on the model helicopter on which the bolt is installed. This AD also requires, within 25 hours TIS, inspecting each bolt for a crack using a 10X or higher power magnifying glass, both before and after cleaning and degreasing the bolts. Additional inspections of the bolts at longer intervals may also be necessary. We plan to publish a notice of proposed rulemaking to give the public an opportunity to comment on those longterm requirements. The FAA is in the process of updating Agusta’s name change to Leonardo Helicopters on its FAA type certificate. Because this name change is not yet effective, this AD specifies Agusta. 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 VerDate Sep<11>2014 14:51 Apr 10, 2018 Jkt 244001 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 Under 1 CFR Part 51 Leonardo Helicopters has issued Mandatory Bollettino Tecnico (BT) No. 109EP–149 for Model A109E helicopters, Mandatory BT No. 109K–72 for Model A109K2 helicopters, Mandatory BT No. 109S–072 for Model A109S helicopters, Mandatory BT No. 109SP–105 for Model AW109SP helicopters, and Mandatory BT No. 119– 080 for Model A119 and AW119 MKII helicopters, all dated August 19, 2016. This service information specifies reducing the life limit of bolt P/N 709– 0160–57–101 and repetitively inspecting the bolts for cracks. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. AD Requirements This AD requires, before further flight, removing from service any bolt P/N 709–0160–57–101 that has reached or exceeded its new life limit. Thereafter, this AD requires removing from service any bolt P/N 709–0160–57–101 before it reaches its new life limit. This AD also requires, within 25 hours time-in-service, inspecting each bolt for a crack using a 10X or higher power magnifying glass, both before and after cleaning and degreasing the bolts, and replacing a cracked bolt before further flight. Differences Between This AD and the EASA AD The EASA AD applies to Model A109LUH helicopters. This AD does not because the Model A109LUH does not have an FAA type certificate. The EASA AD does not specify life limits for bolt P/N 709–0160–57–101 that has been interchanged between model helicopter installations, while this AD does. The EASA AD requires repeating the visual inspection every 200 hours, while this AD does not, as this time interval would allow for sufficient time for notice and comment. Interim Action We consider this AD to be an interim action. The design approval holder is currently developing a modification that will address the unsafe condition identified in this AD. Once this modification is developed, approved, PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 and available, we might consider additional rulemaking. Costs of Compliance We estimate that this AD affects 234 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD. Labor costs are estimated at $85 per work-hour. Removing a bolt that has reached its new life limit will take about 2 workhours for a cost of $170 per bolt. Inspecting the bolts will take about 4 work-hours for an estimated cost of $340 per helicopter and $79,560 for the U.S. fleet. Replacing a bolt will take negligible additional labor time and parts will cost about $500. According to Leonardo Helicopter’s service information, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage by Leonardo Helicopter. Accordingly, we have included all costs in our cost estimate. FAA’s Justification and Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because some of the required corrective actions must be completed before further flight. Therefore, we find good cause that notice and opportunity for prior public comment are impracticable. In addition, for the reasons stated above, we find 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 E:\FR\FM\11APR1.SGM 11APR1 Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Rules and Regulations 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 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): ■ nshattuck on DSK9F9SC42PROD with RULES 2018–07–08 Agusta S.p.A.: Amendment 39– 19239; Docket No. FAA–2018–0170; Product Identifier 2017–SW–091–AD. (a) Applicability This AD applies to Model A109E, A109K2, A109S, AW109SP, A119, and AW119 MKII helicopters, certificated in any category, with a tail rotor blade retention bolt (bolt) part number (P/N) 709–0160–57–101 installed. (b) Unsafe Condition This AD defines the unsafe condition as a crack in a bolt. This condition could result in failure of the tail rotor and loss of control of the helicopter. VerDate Sep<11>2014 14:51 Apr 10, 2018 Jkt 244001 (c) Effective Date This AD becomes effective April 26, 2018. (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) Before further flight: (i) For Model A109E and A109K2 helicopters, remove from service any bolt P/ N 709–0160–57–101 that has 800 or more hours time-in-service (TIS). If the hours TIS is unknown, remove the bolt from service. Thereafter, remove from service any bolt P/ N 709–0160–57–101 before accumulating 800 hours TIS. (ii) For Model A109S, AW109SP, A119, and AW119 MKII helicopters, remove from service any bolt P/N 709–0160–57–101 that has 3,200 or more landings. If the number of landings is unknown, remove the bolt from service. Thereafter, remove from service any bolt P/N 709–0160–57–101 before accumulating 3,200 landings. For purposes of this AD, a landing is counted anytime a helicopter lifts off into the air and then lands again regardless of the duration of the landing and regardless of whether the engine is shutdown. (iii) Remove from service any bolt P/N 709–0160–57–101 that has been interchanged between different model helicopters listed in paragraphs (e)(1)(i) and (e)(1)(ii) of this AD that has 800 or more hours TIS or 3,200 or more landings. If the hours TIS or number of landings is unknown, remove the bolt from service. Thereafter, remove from service any bolt P/N 709–0160–57–101 that has been interchanged between different model helicopters listed in paragraphs (e)(1)(i) and (e)(1)(ii) of this AD before accumulating 800 hours TIS or 3,200 landings, whichever occurs first. (2) Within 25 hours TIS, remove each bolt P/N 709–0160–57–101. Prior to cleaning, using a 10X or higher power magnifying glass, visually inspect the bolt for a crack in the area depicted in Figure 1 of Leonardo Helicopters Mandatory Bollettino Tecnico Nos. 109EP–149, 109K–72, 109S–072, 109SP–105, or 119–080, all dated August 19, 2016 (BT Nos. 109EP–149, 109K–72, 109S– 072, 109SP–105, or 119–080), as applicable to your model helicopter. (i) If there is a crack, replace the bolt before further flight. (ii) If there are no cracks, clean and degrease the inspection area of the bolt with solvent, and using a 10X or higher power magnifying glass, visually inspect the bolt for a crack in the area depicted in Figure 1 of BT Nos. 109EP–149, 109K–72, 109S–072, 109SP–105, or 119–080, as applicable to your model helicopter. If there is a crack, replace the bolt before further flight. (f) Alternative Methods of Compliance (AMOCs) (1) The Manager, Safety Management Section, Rotorcraft Standards Branch, FAA, may approve AMOCs for this AD. Send your proposal to: Matt Fuller, Senior Aviation Safety Engineer, Safety Management Section, PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 15497 Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222–5110; email 9-ASWFTW-AMOC-Requests@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 The subject of this AD is addressed in European Aviation Safety Agency (EASA) Emergency AD No. 2016–0173–E, dated August 24, 2016. You may view the EASA AD on the internet at https:// www.regulations.gov by searching for and locating it in Docket No. FAA–2018–0170. (h) Subject Joint Aircraft Service Component (JASC) Code: 6500, Tail Rotor Drive System. (i) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Leonardo Helicopters Mandatory Bollettino Tecnico No. 109EP–149, dated August 19, 2016. (ii) Leonardo Helicopters Mandatory Bollettino Tecnico No. 109K–72, dated August 19, 2016. (iii) Leonardo Helicopters Mandatory Bollettino Tecnico No. 109S–072, dated August 19, 2016. (iv) Leonardo Helicopters Mandatory Bollettino Tecnico No. 109SP–105, dated August 19, 2016. (v) Leonardo Helicopters Mandatory Bollettino Tecnico No. 119–080, dated August 19, 2016. (3) For Leonardo Helicopters service information identified in this AD, contact Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness, Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone +39–0331–711756; fax +39–0331– 229046; or at https:// www.leonardocompany.com/-/bulletins. (4) You may view this service information at FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222–5110. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. E:\FR\FM\11APR1.SGM 11APR1 15498 Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Rules and Regulations Issued in Fort Worth, Texas, on April 3, 2018. Scott A. Horn, Deputy Director for Regulatory Operations, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2018–07285 Filed 4–10–18; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection 19 CFR Part 101 [Docket No. USCBP–2017–0017; CBP Dec. 18–03] Extension of Port Limits of Savannah, GA U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Final rule. AGENCY: This document adopts as a final rule, with changes, proposed amendments to U.S. Customs and Border Protection (CBP) regulations pertaining to the expansion of the geographical limits of the port of entry of Savannah, Georgia. The port limits will be expanded to make the boundaries more easily identifiable to the public and to allow for uniform and continuous service to the extended area of Savannah, Georgia. This change is part of CBP’s continuing program to use its personnel, facilities, and resources more efficiently and to provide better service to carriers, importers, and the general public. DATES: Effective Date: May 11, 2018. FOR FURTHER INFORMATION CONTACT: Roger Kaplan, Office of Field Operations, U.S. Customs and Border Protection, (202) 325–4543, or by email at Roger.Kaplan@dhs.gov. SUPPLEMENTARY INFORMATION: SUMMARY: nshattuck on DSK9F9SC42PROD with RULES Background In a Notice of Proposed Rulemaking (NPRM) published in the Federal Register (82 FR 30807) on July 3, 2017, U.S. Customs and Border Protection (CBP) proposed to amend § 101.3(b)(1) of title 19 of the Code of Federal Regulations (CFR) to extend the geographical limits of the port of entry of Savannah, Georgia. The proposed boundaries of the port of entry included the majority of Chatham County, Georgia, as well as a small portion of Jasper County, South Carolina. As explained in the NPRM, Savannah, Georgia was designated as a customs VerDate Sep<11>2014 14:51 Apr 10, 2018 Jkt 244001 port of entry by the President’s message of March 3, 1913, concerning the reorganization of the U.S. Customs Service pursuant to the Act of August 24, 1912 (37 Stat. 434; 19 U.S.C. 1). Executive Order 8367, dated March 5, 1940, established specific geographical boundaries for the port of entry of Savannah, Georgia. In the July 2017 NPRM, CBP proposed to amend the geographical limits of the port of entry of Savannah, Georgia because the current boundaries established by the Executive Order do not include a large portion of SavannahHilton Head International Airport, including the site of a proposed replacement Federal Inspection Service facility for arriving international travelers, or distribution centers and cold storage agricultural facilities that support the seaport. Also, most of the projected facilities, such as a new ship terminal with two berths for container ships and bonded warehouses, which will be built on the region’s remaining undeveloped properties will be outside of the boundaries of the current port of entry. CBP determined that the extension of the boundaries would not result in a change in the service that is provided to the public by the port and would not require a change in the staffing or workload at the port. For the proposed rule, CBP posted on the docket on https://www.regulations.gov a map of the Savannah area with the current port limits marked by blue lines and the proposed port limits marked by red lines. The NPRM solicited public comment on the proposed rulemaking. The public comment period closed on September 1, 2017. Discussion of Comments One commenter responded to the solicitation of comments to the proposed rule. A description of the comment received, together with CBP’s analysis, is set forth below. Comment: The commenter fully supported the expansion of the port limits, but was concerned that the proposed limits did not take into consideration the warehouses and distribution centers being built to accommodate the current volume of trade. The commenter suggested that the western portion of the boundary line be extended to the county line (west of Interstate Highway 95) to support the future growth of the area, provide jobs and further solidify Savannah’s position in international trade. CBP Response: CBP agrees with the commenter’s suggestion to extend the western portion PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 of the boundary line as the purpose of expanding the port of entry of Savannah is to provide better services to the carriers, importers and the general public. In addition, CBP has become aware that import facilities are just outside of Chatham County. Thus, CBP is extending the western boundary slightly into Effingham County to include those facilities. The further extension of the port would not require a change in staffing or workload at the port. Conclusion After review of the comment, CBP has determined to further expand the boundaries of the Savannah port of entry in this final rule. Instead of the western boundaries being along the Federal Interstate Highway 95, they begin where Highway 204 (Fort Argyle Road) intersects with Federal Interstate Highway 95, then proceed north to the intersection with Old River Road, then north along Old River Road until it intersects with Federal Interstate Highway 16, then east along Federal Interstate Highway 16 until it meets the Chatham County line, and then north along the Chatham County line until it meets the intersection with Federal Interstate Highway 95 and the GeorgiaSouth Carolina state line. The new port limits are described below, and the map posted on the docket on https:// www.regulations.gov shows the new port limits as expanded by this final rule marked by the blue and black lines. Port Description of Savannah, Georgia The final port limits of the port of entry of Savannah, Georgia, are as follows: From 32°14.588′ N–081° 08.455′ W (where Federal Interstate Highway 95 crosses the Georgia-South Carolina state line) and extending in a straight line to 32°04.903′ N– 080°54.998′ W (where Walls Cut meets Wright River and Turtle Island); then proceeding in a straight line to 31°52.651′ N–081°03.331′ W (where Adams Creek meets Green Island Sound); then proceeding northwest in a straight line to 32°00.280′ N–081°17.00′ W (where Highway 204 intersects Federal Interstate Highway 95); then proceeding northwest along Fort Argyle Road (Highway 204) to the intersection with Old River Road; then proceeding north on Old River Road to the intersection with Federal Interstate Highway 16; then proceeding southeast along Federal Interstate Highway 16 to the Chatham County line; then proceeding northeast and then east along the length of the Chatham County line until it intersects with Federal Interstate Highway 95 at Knoxboro E:\FR\FM\11APR1.SGM 11APR1

Agencies

[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Rules and Regulations]
[Pages 15495-15498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07285]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0170; Product Identifier 2017-SW-091-AD; Amendment 
39-19239; AD 2018-07-08]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Helicopters

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 
S.p.A. (Agusta) Model A109E, A109K2, A109S, AW109SP, A119, and AW119 
MKII helicopters. This AD reduces the life limit of and requires 
inspecting a tail rotor blade retention bolt (bolt). This AD is 
prompted by the discovery of a cracked bolt. The actions of this AD are 
intended to address an unsafe condition on these products.

DATES: This AD becomes effective April 26, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of April 26, 2018.
    We must receive comments on this AD by June 11, 2018.

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 by searching for and locating Docket No. FAA-2018-
0170; or in person at Docket Operations 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 
Docket Operations (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 final rule, contact 
Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness, 
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone 
+39-0331-711756; fax +39-0331-229046; or at https://www.leonardocompany.com/-/bulletins. You may review the referenced 
service information at the FAA, Office of the Regional Counsel, 
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 
76177. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0170.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety 
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; 
email [email protected].

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

[[Page 15496]]

rulemaking during the comment period. We will consider all the comments 
we receive and may conduct additional rulemaking based on those 
comments.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued Emergency AD No. 2016-0173-E, dated August 
24, 2016, to correct an unsafe condition for Leonardo S.p.A. (formerly 
Agusta) Model A109E, A109K2, A109LUH, A109S, A119, AW109SP, and 
AW119MKII helicopters. EASA advises of a crack found in a bolt, part 
number (P/N) 709-0160-57-101, during a pre-flight inspection of a Model 
A109E helicopter. This part-numbered bolt is also installed on Model 
A109K2, A109LUH, A109S, A119, AW109SP, and AW119MKII helicopters. 
Subsequent investigation did not identify the cause of the crack. EASA 
advises that this condition, if not detected and corrected, could lead 
to failure of the tail rotor, possibly resulting in loss of control of 
the helicopter. As a precautionary measure pending the completion of 
the investigation and to address the unsafe condition, the EASA AD 
requires reducing the life limit of and repetitively inspecting the 
bolts. The EASA AD is considered an interim action and further AD 
action may follow.
    Accordingly, this AD requires reducing the life limit of bolt P/N 
709-0160-57-101 to 800 hours time-in-service (TIS) or 3,200 landings, 
depending on the model helicopter on which the bolt is installed. This 
AD also requires, within 25 hours TIS, inspecting each bolt for a crack 
using a 10X or higher power magnifying glass, both before and after 
cleaning and degreasing the bolts. Additional inspections of the bolts 
at longer intervals may also be necessary. We plan to publish a notice 
of proposed rulemaking to give the public an opportunity to comment on 
those long-term requirements.
    The FAA is in the process of updating Agusta's name change to 
Leonardo Helicopters on its FAA type certificate. Because this name 
change is not yet effective, this AD specifies Agusta.

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 Under 1 CFR Part 51

    Leonardo Helicopters has issued Mandatory Bollettino Tecnico (BT) 
No. 109EP-149 for Model A109E helicopters, Mandatory BT No. 109K-72 for 
Model A109K2 helicopters, Mandatory BT No. 109S-072 for Model A109S 
helicopters, Mandatory BT No. 109SP-105 for Model AW109SP helicopters, 
and Mandatory BT No. 119-080 for Model A119 and AW119 MKII helicopters, 
all dated August 19, 2016. This service information specifies reducing 
the life limit of bolt P/N 709-0160-57-101 and repetitively inspecting 
the bolts for cracks.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

AD Requirements

    This AD requires, before further flight, removing from service any 
bolt P/N 709-0160-57-101 that has reached or exceeded its new life 
limit. Thereafter, this AD requires removing from service any bolt P/N 
709-0160-57-101 before it reaches its new life limit.
    This AD also requires, within 25 hours time-in-service, inspecting 
each bolt for a crack using a 10X or higher power magnifying glass, 
both before and after cleaning and degreasing the bolts, and replacing 
a cracked bolt before further flight.

Differences Between This AD and the EASA AD

    The EASA AD applies to Model A109LUH helicopters. This AD does not 
because the Model A109LUH does not have an FAA type certificate. The 
EASA AD does not specify life limits for bolt P/N 709-0160-57-101 that 
has been interchanged between model helicopter installations, while 
this AD does. The EASA AD requires repeating the visual inspection 
every 200 hours, while this AD does not, as this time interval would 
allow for sufficient time for notice and comment.

Interim Action

    We consider this AD to be an interim action. The design approval 
holder is currently developing a modification that will address the 
unsafe condition identified in this AD. Once this modification is 
developed, approved, and available, we might consider additional 
rulemaking.

Costs of Compliance

    We estimate that this AD affects 234 helicopters of U.S. Registry. 
We estimate that operators may incur the following costs in order to 
comply with this AD. Labor costs are estimated at $85 per work-hour.
    Removing a bolt that has reached its new life limit will take about 
2 work-hours for a cost of $170 per bolt. Inspecting the bolts will 
take about 4 work-hours for an estimated cost of $340 per helicopter 
and $79,560 for the U.S. fleet. Replacing a bolt will take negligible 
additional labor time and parts will cost about $500.
    According to Leonardo Helicopter's service information, some of the 
costs of this AD may be covered under warranty, thereby reducing the 
cost impact on affected individuals. We do not control warranty 
coverage by Leonardo Helicopter. Accordingly, we have included all 
costs in our cost estimate.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because some of the required corrective actions must be completed 
before further flight. Therefore, we find good cause that notice and 
opportunity for prior public comment are impracticable.
    In addition, for the reasons stated above, we find 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

[[Page 15497]]

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):

2018-07-08 Agusta S.p.A.: Amendment 39-19239; Docket No. FAA-2018-
0170; Product Identifier 2017-SW-091-AD.

(a) Applicability

    This AD applies to Model A109E, A109K2, A109S, AW109SP, A119, 
and AW119 MKII helicopters, certificated in any category, with a 
tail rotor blade retention bolt (bolt) part number (P/N) 709-0160-
57-101 installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a bolt. This 
condition could result in failure of the tail rotor and loss of 
control of the helicopter.

(c) Effective Date

    This AD becomes effective April 26, 2018.

(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) Before further flight:
    (i) For Model A109E and A109K2 helicopters, remove from service 
any bolt P/N 709-0160-57-101 that has 800 or more hours time-in-
service (TIS). If the hours TIS is unknown, remove the bolt from 
service. Thereafter, remove from service any bolt P/N 709-0160-57-
101 before accumulating 800 hours TIS.
    (ii) For Model A109S, AW109SP, A119, and AW119 MKII helicopters, 
remove from service any bolt P/N 709-0160-57-101 that has 3,200 or 
more landings. If the number of landings is unknown, remove the bolt 
from service. Thereafter, remove from service any bolt P/N 709-0160-
57-101 before accumulating 3,200 landings. For purposes of this AD, 
a landing is counted anytime a helicopter lifts off into the air and 
then lands again regardless of the duration of the landing and 
regardless of whether the engine is shutdown.
    (iii) Remove from service any bolt P/N 709-0160-57-101 that has 
been interchanged between different model helicopters listed in 
paragraphs (e)(1)(i) and (e)(1)(ii) of this AD that has 800 or more 
hours TIS or 3,200 or more landings. If the hours TIS or number of 
landings is unknown, remove the bolt from service. Thereafter, 
remove from service any bolt P/N 709-0160-57-101 that has been 
interchanged between different model helicopters listed in 
paragraphs (e)(1)(i) and (e)(1)(ii) of this AD before accumulating 
800 hours TIS or 3,200 landings, whichever occurs first.
    (2) Within 25 hours TIS, remove each bolt P/N 709-0160-57-101. 
Prior to cleaning, using a 10X or higher power magnifying glass, 
visually inspect the bolt for a crack in the area depicted in Figure 
1 of Leonardo Helicopters Mandatory Bollettino Tecnico Nos. 109EP-
149, 109K-72, 109S-072, 109SP-105, or 119-080, all dated August 19, 
2016 (BT Nos. 109EP-149, 109K-72, 109S-072, 109SP-105, or 119-080), 
as applicable to your model helicopter.
    (i) If there is a crack, replace the bolt before further flight.
    (ii) If there are no cracks, clean and degrease the inspection 
area of the bolt with solvent, and using a 10X or higher power 
magnifying glass, visually inspect the bolt for a crack in the area 
depicted in Figure 1 of BT Nos. 109EP-149, 109K-72, 109S-072, 109SP-
105, or 119-080, as applicable to your model helicopter. If there is 
a crack, replace the bolt before further flight.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards 
Branch, FAA, may approve AMOCs for this AD. Send your proposal to: 
Matt Fuller, Senior Aviation Safety Engineer, Safety Management 
Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., 
Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected].
    (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

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) Emergency AD No. 2016-0173-E, dated August 24, 2016. 
You may view the EASA AD on the internet at https://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2018-0170.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6500, Tail Rotor 
Drive System.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Leonardo Helicopters Mandatory Bollettino Tecnico No. 109EP-
149, dated August 19, 2016.
    (ii) Leonardo Helicopters Mandatory Bollettino Tecnico No. 109K-
72, dated August 19, 2016.
    (iii) Leonardo Helicopters Mandatory Bollettino Tecnico No. 
109S-072, dated August 19, 2016.
    (iv) Leonardo Helicopters Mandatory Bollettino Tecnico No. 
109SP-105, dated August 19, 2016.
    (v) Leonardo Helicopters Mandatory Bollettino Tecnico No. 119-
080, dated August 19, 2016.
    (3) For Leonardo Helicopters service information identified in 
this AD, contact Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head 
of Airworthiness, Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) 
Italy; telephone +39-0331-711756; fax +39-0331-229046; or at https://www.leonardocompany.com/-/bulletins.
    (4) You may view this service information at FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call (202) 741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 15498]]


    Issued in Fort Worth, Texas, on April 3, 2018.
Scott A. Horn,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2018-07285 Filed 4-10-18; 8:45 am]
 BILLING CODE 4910-13-P


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