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[Federal Register Volume 79, Number 229 (Friday, November 28, 2014)]
[Rules and Regulations]
[Pages 70785-70787]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27995]

[[Page 70785]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0971; Directorate Identifier 2014-SW-055-AD; 
Amendment 39-18035; AD 2014-24-02]
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.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2014-07-51 for 
AgustaWestland S.p.A. Model AB139 and AW139 helicopters with certain 
main rotor (M/R) rotating scissors installed. AD 2014-07-51 required 
repetitively inspecting the M/R rotating scissors for play of the lower 
half scissor spherical bearing (bearing) and removing the bearing if 
there was play beyond allowable limits. AD 2014-07-51 also required 
removing all affected bearings. AD 2014-07-51 was prompted by reports 
of certain bearings dislodging from certain M/R rotating scissors. This 
new AD retains the requirements of AD 2014-07-51, expands the 
applicability, and requires installing a special nut. These actions are 
intended to detect excessive play of the bearing and prevent failure of 
the M/R rotating scissors and subsequent loss of control of the 
helicopter.

DATES: This AD becomes effective December 15, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 15, 
2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of August 
20, 2014 (79 FR 45329, August 5, 2014).
    We must receive comments on this AD by January 27, 2015.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://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 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 (telephone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.
    For service information identified in this AD, contact 
AgustaWestland, Product Support Engineering, Via del Gregge, 100, 21015 
Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; telephone 39-0331-
664757; fax 39 0331-664680; or at 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.

FOR FURTHER INFORMATION CONTACT: Robert Grant, Aviation Safety 
Engineer, Safety Management Group, FAA, 2601 Meacham Blvd., Fort Worth, 
Texas 76137; telephone (817) 222-5110; email robert.grant@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments prior to it becoming effective. However, we 
invite you to participate in this rulemaking by submitting written 
comments, data, or views. We also invite comments relating to the 
economic, environmental, energy, or federalism impacts that resulted 
from adopting this AD. The most helpful comments reference a specific 
portion of the AD, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit them only one time. We will file in the docket all comments that 
we receive, as well as a report summarizing each substantive public 
contact with FAA personnel concerning this rulemaking during the 
comment period. We will consider all the comments we receive and may 
conduct additional rulemaking based on those comments.

Discussion

    On March 27, 2014, we issued Emergency AD (AD) 2014-07-51. AD 2014-
07-51 was published in the Federal Register as a Final rule; request 
for comments on August 5, 2014, at 79 FR 45329. AD 2014-07-51 applied 
to Agusta Model AB139 and AW139 helicopters with certain serial-
numbered M/R rotating scissors or with a M/R rotating scissors with 
certain serial-numbered bearings. AD 2014-07-51 required repetitively 
inspecting the M/R rotating scissors for play of the bearing every 5 
hours time-in-service (TIS) and, if there was play beyond allowable 
limits, removing the affected bearing. AD 2014-07-51 also required 
removing all affected bearings within 50 hours TIS. AD 2014-07-51 was 
prompted by reports of certain bearings dislodging from certain M/R 
rotating scissors, as advised by EASA in its Emergency AD No. 2014-
0073-E, dated March 20, 2014.

Actions Since AD 2014-07-51 Was Issued

    After we issued AD 2014-07-51, AgustaWestland issued Bollettino 
Tecnico No. 139-392, dated September 23, 2014 (BT 139-392), for Model 
AB139 and AW139 helicopters. BT 139-392 specifies installing a 
``special'' nut to prevent the bearing from dislodging and performing 
an interim inspection to monitor the bearing in service.
    EASA subsequently issued Emergency AD No. 2014-0215-E, dated 
September 24, 2014, which supersedes EASA Emergency AD No. 2014-0073-E, 
to correct an unsafe condition for AgustaWestland S.p.A and 
AgustaWestland Philadelphia Corporation Model AB139 and AW139 
helicopters. EASA advises of additional reports of early excessive play 
in the bearings and a report of a chipped bearing liner. These 
additional reports involve bearings that were not part of the specific 
bearings referenced in EASA AD No. 2014-0073-E. As a result, EASA AD 
No. 2014-0215-E expands the applicability to all M/R rotating scissors 
with the applicable part number, requires repetitive inspections, and 
requires installation of a ``special'' nut in accordance with BT 139-
392.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Italy and are

[[Page 70786]]

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

    AgustaWestland issued AW139 Document Code 39-C-62-31-00-00A-286C-A, 
issue 001, dated August 6, 2012, for Model AB139 and AW139 helicopters 
to specify a detailed inspection of the fixed swashplate and rotating 
scissors.
    AgustaWestland also issued Bollettino Tecnico No. 139-368, dated 
March 19, 2014 (BT 139-368), for Model AB139 and AW139 helicopters with 
M/R rotating scissors, part number (P/N) 3G6230A00733 either with 
certain serial numbers or which have been repaired with the 
installation of certain serial-numbered bearings, P/N 3G6230V00654. BT 
139-368 also applies to affected parts kept in stock. BT 139-368 was 
issued to identify and replace potentially defective bearings caused by 
a supplier quality issue.
    AgustaWestland later issued BT 139-392 for Model AB139 and AW139 
helicopters with M/R rotating scissors P/N 3G6230A00733 installed. BT 
139-392 specifies inspections to monitor the bearings and provides 
procedures for the installation of special nut, P/N 3G6230A06851, to 
reinforce the installation of each bearing.

AD Requirements

    This AD retains and clarifies the inspections of the M/R rotating 
scissors for damage and play of the bearing, but changes the inspection 
interval. This AD requires replacing the nut with a special nut, which 
lengthens the time for repetitively inspecting the M/R rotating 
scissors for damage and play of the bearing. This AD also retains the 
requirement to remove certain serial-numbered rotating scissors and 
certain serial-numbered bearings from service. Lastly, this AD states 
the design holder's name as Agusta S.p.A. instead of AgustaWestland 
S.p.A. as specified by the current FAA type certificate.

Differences Between This AD and the EASA AD

    The EASA AD does not retain all of the requirements of its 
superseded AD, while this AD does retain the prior AD requirements. The 
EASA AD specifies some compliance terms within calendar time, while 
this AD does not. The EASA AD requires contacting AW139 Product Support 
Engineering, and this AD does not.

Interim Action

    We consider this AD to be an interim action. If final action is 
later identified, we might consider further rulemaking.

Costs of Compliance

    We estimate that this AD affects 102 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. 
Visually inspecting the M/R rotating scissors for damage and play 
requires a minimal amount of time, for a nominal cost per inspection. 
Performing the detailed inspection for bearing play requires about 1 
work-hour for a cost of $85 per inspection. Removing a bearing requires 
about 2 work-hours and $808 in parts, for a total replacement cost of 
$978 per bearing. Installing the special nuts requires about 1 work-
hour and $920 in parts, for a total modification cost of $1,005 per 
helicopter or $102,510 for the U.S. fleet.
    According to AgustaWestland'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 AgustaWestland. Accordingly, we have included all costs in 
our cost estimate.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting 
these AD requirements would delay implementing the safety actions 
needed to correct this known unsafe condition. Therefore, we find that 
the risk to the flying public justifies waiving notice and comment 
prior to the adoption of this rule because the unsafe condition can 
adversely affect the controllability of the helicopter and some of the 
required corrective actions must be accomplished within 5 hours TIS and 
thereafter every 24 hours for certain helicopters. Other required 
corrective actions in this AD must be accomplished within 25, 50, and 
100 hours TIS; however, these helicopters are generally high-usage 
aircraft and could reach these compliance times within a very short 
calendar time.
    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we determined that notice and opportunity for 
public comment before issuing this AD are impracticable and contrary to 
the public interest and that good cause exists for making this 
amendment effective in less than 30 days.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply 
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

[[Page 70787]]

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2014-07-51, Amendment 39-17902 (79 FR 45329, August 5, 2014), and 
adding the following new AD:

2014-24-02 Agusta S.p.A. (Agusta): Amendment 39-18035; Docket No. 
FAA-2014-0971; Directorate Identifier 2014-SW-055-AD.

(a) Applicability

    This AD applies to Agusta Model AB139 and AW139 helicopters with 
main rotor (M/R) rotating scissors part number (P/N) 3G6230A00733, 
with a lower half scissors spherical bearing (bearing) P/N 
3G6230V00654 installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as excessive play of the 
bearing in the M/R rotating scissors. This condition could result in 
failure of the M/R rotating scissors and subsequent loss of control 
of the helicopter.

(c) Affected ADs

    This AD supersedes AD 2014-07-51, Amendment 39-17902 (79 FR 
45329, August 5, 2014).

(d) Effective Date

    This AD becomes effective December 15, 2014.

(e) 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.

(f) Required Actions

    (1) For helicopters with the M/R rotating controls installed 
without special nut P/N 3G6230A06851, within 5 hours time-in-service 
(TIS), and thereafter before the first flight of each day or at 
intervals not exceeding 24 hours, whichever occurs later; and for 
helicopters with the M/R rotating controls installed with special 
nut P/N 3G6230A06851, within 25 hours TIS, and thereafter at 
intervals not exceeding 25 hours TIS:
    (i) Visually inspect the M/R rotating scissors for damage using 
a light source and a magnifying glass, paying particular attention 
to the bearings. Some examples of damage are shown in Figures 4 
through 8 of AgustaWestland Bollettino Tecnico No. 139-392, dated 
September 23, 2014 (BT 139-392). If there is damage, before further 
flight, remove the bearing.
    (ii) Inspect the M/R rotating scissors for play of each bearing, 
paying particular attention to the bearing staking condition, by 
manually moving the lower half scissor along the axis of the 
spherical bearing. Refer to Figure 1 of BT 139-392. If there is 
play, before further flight, accomplish a detailed inspection of the 
M/R rotating scissors in accordance with steps 9.1 through 12.9 of 
AgustaWestland AW139 Document Code 39-C-62-31-00-00A-286C-A, 
Rotating control installation--Fixed swashplate and rotating 
scissors--Detailed inspection, issue 001, dated August 6, 2012. Any 
play beyond allowable limits requires removing the bearing before 
further flight.
    (2) Within 50 hours TIS from August 20, 2014, remove any bearing 
from a M/R rotating scissors with serial numbers (S/N) listed in 
Table 1 of AgustaWestland Bolletino Tecnico No. 139-368, dated March 
19, 2014 (BT 139-368), on which the bearing has never been replaced; 
or from a M/R rotating scissors on which the bearing was replaced 
with a bearing with a S/N listed in Table 2 of BT 139-368.
    (3) Within 100 hours TIS, install special nut P/N 3G6230A06851 
in accordance with steps 5.1. through 6., Part II, of the Compliance 
Instructions, of BT 139-392.
    (4) Prior to installing a M/R rotating scissors with a S/N 
listed in Table 1 of BT 139-368, replace the bearing and re-identify 
the M/R rotating scissors in accordance with paragraphs 4.2 through 
4.4., Part II, of the Compliance Instructions of BT 139-368.
    (5) Do not install a bearing with a S/N listed in Table 2 of BT 
139-368 into any M/R rotating scissors.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Robert Grant, Aviation Safety 
Engineer, Safety Management Group, FAA, 2601 Meacham Blvd., Fort 
Worth, Texas 76137; telephone (817) 222-5110; email 
robert.grant@faa.gov.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office, before operating any aircraft 
complying with this AD through an AMOC.

(h) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) Emergency AD 2014-0215-E, dated September 24, 2014. 
You may view the EASA AD on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2014-0971.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6200, M/R System.

(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 
December 15, 2014.
    (i) AgustaWestland Bollettino Tecnico No. 139-392, dated 
September 23, 2014.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
August 20, 2014 (79 FR 45329, August 5, 2014).
    (i) AgustaWestland Bollettino Tecnico No. 139-368, dated March 
19, 2014.
    (ii) AgustaWestland AW139 Document Code 39-C-62-31-00-00A-286C-
A, Rotating control installation--Fixed swashplate and rotating 
scissors--Detailed inspection, issue 001, dated August 6, 2012.
    (5) For 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.
    (6) 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.
    (7) 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 17, 2014.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-27995 Filed 11-26-14; 8:45 am]
BILLING CODE 4910-13-P
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