Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Rules and Regulations 67015 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

the DOT Regulatory Policies and 

Procedures (44 FR 11034, February 26, 

1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2013–22–12 DG Flugzeugbau GmbH: 

Amendment 39–17644; Docket No. 

FAA–2013–0927; Directorate Identifier 

2012–CE–036–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective November 18, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to DG Flugzeugbau GmbH 

DG–800A, DG–800B, and DG–500MB gliders, 

all serial numbers, certificated in any 

category. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 80: Engine Starting. 

(e) Reason 

This AD was prompted by mandatory 

continuing airworthiness information (MCAI) 

originated by an aviation authority of another 

country to identify and correct an unsafe 

condition on an aviation product. The MCAI 

describes the unsafe condition as a defective 

starter motor control, which could activate 

the starter motor without pressing the starter 

button. We are issuing this AD to prevent 

sudden propeller rotation, which could result 

in injury to the pilot and/or other persons. 

(f) Actions and Compliance 

Unless already done, do the actions in 

paragraphs (f)(1) and (f)(2) of this AD: 

(1) Within 10 days after November 18, 2013 

(the effective date of this AD), inspect to 

determine if an unmodified starter control 

unit is installed. If an unmodified starter 

control unit is installed, remove the unit and 

replace it with a modified unit. Do the 

removal and replacement following the 

Instructions section of DG Flugzeugbau 

GmbH Technical note No. 800/42, 500/06 

(co-published as one document), dated May 

29, 2013. 

(2) As of November 18, 2013 (the effective 

date of this AD), do not install any starter 

motor control unit unless it has been 

modified and labeled with placard ‘‘MS.’’ 

(g) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Jim Rutherford, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4165; fax: (816) 329– 

4090; email: jim.rutherford@faa.gov. Before 

using any approved AMOC on any glider to 

which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(h) Related Information 

Refer to MCAI European Aviation Safety 

Agency (EASA) AD No. 2013–0212, dated 

September 13, 2013, for related information. 

You may examine the MCAI on the Internet 

at http://www.regulations.gov by searching 

for and locating it in Docket No. FAA–2013– 

0927. For service information related to this 

AD, contact DG-Flugzeugbau GmbH, 76646 

Bruchsal, Germany; telephone: +49 7251 

3020 140; fax: +49 7251 3020 269; Internet: 

http://www.dg-flugzeugbau.de/

index.php?id=1329; email: dirks@dgflugzeugbau.de. You may review copies of 

the referenced service information at the 

FAA, Small Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For information 

on the availability of this material at the 

FAA, call (816) 329–4148. 

(i) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) DG Flugzeugbau GmbH Technical note 

No. 800/42, dated May 29, 2013. 

(ii) DG Flugzeugbau GmbH Technical note 

No. 500/06, dated May 29, 2013. 

Note 1 to paragraph (i)(2): DG Flugzeugbau 

GmbH Technical note No. 800/42, dated May 

29, 2013, and DG Flugzeugbau GmbH 

Technical note No. 500/06, dated May 29, 

2013, are co-published as one document. 

(3) For DG-Flugzeugbau GmbH service 

information identified in this AD, contact 

DG-Flugzeugbau GmbH, 76646 Bruchsal, 

Germany; telephone: +49 7251 3020 140; fax: 

+49 7251 3020 269; Internet: http://www.dgflugzeugbau.de/index.php?id=1329; email: 

dirks@dg-flugzeugbau.de. 

(4) You may view this service information 

at the FAA, Small Airplane Directorate, 901 

Locust, Kansas City, Missouri 64106. For 

information on the availability of this 

material at the FAA, call (816) 329–4148. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Kansas City, Missouri, on 

October 24, 2013. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–25955 Filed 11–7–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0529; Directorate 

Identifier 2011–SW–050–AD; Amendment 

39–17648; AD 2013–22–16] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. (Type Certificate Currently Held 

by Agusta Westland) Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 


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67016 Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Rules and Regulations 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Agusta S.p.A. (Agusta) Model AW139 

helicopters. This AD requires replacing 

certain solder splices in the co-pilot 

audio system. This AD was prompted by 

the discovery of improper installation of 

solder splices on the co-pilot audio 

system causing intermittent noise 

through the audio system during flight. 

The actions of this AD are intended to 

prevent degradation and complete loss 

of communications between the pilot 

and co-pilot during flight, impairing the 

co-pilot’s capability to react 

immediately to operational difficulties, 

which could lead to subsequent loss of 

control of the helicopter. 

DATES: This AD is effective December 

13, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain document listed in this AD 

as of December 13, 2013. 

ADDRESSES: For service information 

identified in this AD, contact Agusta 

Westland, Customer Support & Services, 

Via Per Tornavento 15, 21019 Somma 

Lombardo (VA) Italy, ATTN: Giovanni 

Cecchelli; telephone 39- 0331–711133; 

fax 39 0331 711180; or at http://

www.agustawestland.com/technicalbullettins. You may review the 

referenced service information at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham 

Blvd., Room 663, Fort Worth, Texas 

76137. 

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: John 

VanHoudt, Aerospace Engineer, FAA, 

Rotorcraft Directorate, Regulations and 

Policy Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137, telephone 

(817) 222–5110, email john.vanhoudt@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On May 22, 2012, at 77 FR 30236, the 

Federal Register published our notice of 

proposed rulemaking (NPRM), which 

proposed to amend 14 CFR part 39 by 

adding an AD that would apply to 

certain Agusta AW139 helicopters. The 

NPRM proposed to require within 500 

hours time-in-service (TIS) or six 

months or when an ‘‘AVIONICS 

FAULT’’ crew alerting system (CAS) 

message is displayed, whichever occurs 

first, replacing all solder splices in the 

co-pilot audio system. The proposed 

requirements were intended to prevent 

degradation and complete loss of 

communications between the pilot and 

co-pilot during flight, impairing the copilot’s capability to react immediately to 

operational difficulties, which could 

lead to subsequent loss of control of the 

helicopter. 

The NPRM was prompted by AD No. 

2011–0140, dated July 20, 2011, issued 

by EASA, which is the Technical Agent 

for the Member States of the European 

Union. EASA issued AD No. 2011–0140 

to correct an unsafe condition for 

certain Agusta AW139 helicopters. 

EASA advises that some occurrences of 

intermittent noise in the co-pilot audio 

system have been reported. The 

technical investigation carried out by 

Agusta showed that some of the solder 

splices on the audio panel were the 

possible cause of these malfunctions. 

This condition, if not detected and 

corrected, could impair the co-pilot’s 

capability to react immediately to 

operational difficulties. The EASA AD 

requires inspecting the solder splices 

and related wires for their condition and 

for proper installation, and if required, 

replacing the solder splices. 

Comments 

After our NPRM (77 FR 30236, May 

22, 2012) was published, we received 

comments from four commenters. 

Request 

One commenter requested we include 

a statement that previous compliance 

with Agusta Bollettino Tecnico No. 

139–249 fulfills the requirements of the 

proposed AD. We disagree that 

compliance with this service 

information will always fulfill the 

requirements of this AD. The service 

information only requires the 

replacement of damaged splices, while 

this AD requires the replacement of all 

solder splices. We have made a minor 

change to the language of paragraph (e) 

to clarify this requirement. 

Three commenters expressed support 

for proposed changes to the living 

history flight experience regulations. 

These comments appear to have been 

posted in error in this docket as they are 

not relevant to the NPRM (77 FR 30236, 

May 22, 2012). 

FAA’s Determination 

These helicopters have been approved 

by the aviation authority of Italy and are 

approved for operation in the United 

States. Pursuant to our bilateral 

agreement with Italy, EASA, its 

technical representative, has notified us 

of the unsafe condition described in the 

EASA AD. We are issuing this AD 

because we evaluated all information 

provided by EASA, reviewed the 

relevant information, considered the 

comments received, and determined the 

unsafe condition exists and is likely to 

exist or develop on other helicopters of 

these same type designs and that air 

safety and the public interest require 

adopting the AD requirements as 

proposed except for minor editorial 

changes in paragraph (e) to clarify the 

intent of that paragraph. These minor 

editorial changes are consistent with the 

intent of the proposals in the NPRM (77 

FR 30236, May 22, 2012) and will not 

increase the economic burden on any 

operator nor increase the scope of the 

AD. 

Differences Between This AD and the 

EASA AD 

The EASA AD requires performing a 

visual inspection and manual pull-test 

of the solder splices, while this AD does 

not. The EASA AD requires that 

damaged or defective splices be 

replaced, while this AD requires the 

replacement of all splices with a part 

number listed in the service 

information. The EASA AD requires 

compliance within 600 flight hours or 6 

months, while this AD requires 

compliance within 500 hours TIS or 5 

months. 

Related Service Information 

Agusta has issued Bollettino Tecnico 

(BT) No. 139–249, dated July 13, 2011 

(BT 139–249), which specifies 

performing an inspection and manual 

pull-test of the solder splices and 

replacing any splices which fail the 

inspection or pull-test. EASA classified 

this BT as mandatory and issued 2011– 

0140 to ensure the continued 

airworthiness of these helicopters. 

Costs of Compliance 

We estimate that this AD will affect 

32 helicopters of U.S. Registry. We 

estimate that operators may incur the 

following costs in order to comply with 

this AD. Replacing the solder splices 

will require approximately 110 workhours at an average labor cost of $85 per 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Rules and Regulations 67017 

hour and required parts will cost $200, 

for a total cost to the operator of $9,550 

and a total cost to the U.S. operator fleet 

of $305,600. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701: 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

helicopters identified in this rulemaking 

action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

(3) Will not affect intrastate aviation 

in Alaska to the extent that it justifies 

making a regulatory distinction; and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared an economic evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2013–22–16 Agusta S.P.A. (Type Certificate 

Currently Held By Agustawestland) 

Helicopters: Amendment 39–17648; 

Docket No. FAA–2012–0529; Directorate 

Identifier 2011–SW–050–AD. 

(a) Applicability 

This AD applies to Agusta S.p.A. Model 

AW139 helicopters, serial numbers 31248, 

31249, 41001 through 41023, 41201 through 

41234, 41236, 41237 through 41255 (except 

41240, 41242, 41246, 41249, 41251, and 

41252), and 41257, certificated in any 

category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

intermittent noise through the audio system 

during flight caused by improper installation 

of solder splices on the co-pilot’s audio 

panel. This condition could result in 

degradation and complete loss of 

communications between the pilot and copilot during flight, impairing the co-pilot’s 

capability to react immediately to operational 

difficulties, which could lead to subsequent 

loss of control of the helicopter. 

(c) Effective Date 

This AD becomes effective December 13, 

2013. 

(d) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(e) Required Action 

Within 500 hours time-in-service or 5 

months, or in the event of an AVIONICS 

FAULT crew alerting system (CAS) message, 

whichever occurs first, replace each co-pilot 

audio panel solder splice listed in Tables 1 

and 2 of Agusta Bollettino Tecnico No. 139– 

249, dated July 13, 2011 (BT), by following 

the procedures in paragraphs 7.1 through 

7.11. and Figures 12, 14, and 15 of the BT. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: John VanHoudt, 

Aerospace Engineer, FAA, Rotorcraft 

Directorate, Regulations and Policy Group, 

2601 Meacham Blvd., Fort Worth, Texas 

76137, telephone (817) 222–5110, email 

john.vanhoudt@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office, before 

operating any aircraft complying with this 

AD through an AMOC. 

(g) Additional Information 

(1) The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2011–0140, dated July 20, 2011. You may 

view the EASA AD on the Internet at 

http://www.regulations.gov in Docket No. 

FAA–2012–0529. 

(h) Subject 

Joint Aircraft System Component (JASC) 

Code: 2397: Communications System Wiring. 

(i) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Agusta Bollettino Tecnico No. 139–249, 

dated July 13, 2011. 

(ii) Reserved. 

(3) For Agusta service information 

identified in this AD, contact Agusta 

Westland, Customer Support & Services, Via 

Per Tornavento 15, 21019 Somma Lombardo 

(VA) Italy, ATTN: Giovanni Cecchelli; 

telephone 39–0331–711133; fax 39 0331 

711180; or at http://

www.agustawestland.com/technicalbullettins. 

(4) You may view this service information 

at FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham Blvd., 

Room 663, Fort Worth, Texas 76137. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

(202) 741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Fort Worth, Texas, on October 25, 

2013. 

Kim Smith, 

Directorate Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–26048 Filed 11–7–13; 8:45 am] 

BILLING CODE 4910–13–P 


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