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[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Rules and Regulations]
[Pages 73906-73908]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28432]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0501; Directorate Identifier 2009-SW-083-AD; 
Amendment 39-17258; AD 2012-23-02]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta 
S.p.A. (Agusta) Model A109E and Model A109S helicopters with certain 
lower semichannel assemblies installed. This AD requires a one-time 
inspection of the lower semichannel assemblies to determine if metallic 
spacers are installed. If the metallic spacers are installed, this AD 
requires an inspection for the correct installation of the metallic 
spacers on the semichannels and for the correct seating of the gaskets. 
If the metallic spacers are not installed with rivets, the lower 
semichannel assemblies must be modified, and the main drive shaft must 
be inspected for damage. This AD was prompted by reports of damage to 
the main drive shaft caused by improperly secured metallic spacers on 
some A109 model helicopters. The actions of this AD are intended to 
detect missing spacer rivets, which could allow the metallic spacers to 
rotate and lead to damage and failure of the main drive shaft, and 
subsequent loss of helicopter control.

DATES: This AD is effective January 16, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of January 16, 
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/technical-bullettins. 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://

[[Page 73907]]

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, 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: Jim Grigg, Manager, Safety Management 
Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, 
Texas 76137; telephone (817) 222-5110; email jim.grigg@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    On May 22, 2012, at 77 FR 30234, the Federal Register published our 
notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR 
part 39 to include an AD that would apply to Model A109E helicopters, 
up to and including serial number (S/N) 11694, except 11633 and 11634; 
and Model A109S helicopters, up to and including S/N 22034, except 
22026 and 22033; with lower semichannel assemblies, part number (P/
N)109-0641-10-213 or 109-0642-01-171, installed. That NPRM proposed to 
require a one-time inspection of the lower semichannel assemblies to 
determine if metallic spacers are installed. If the metallic spacers 
are installed, the AD proposed to require an inspection for the correct 
installation of the metallic spacers and correct seating of the 
gaskets. If the metallic spacers are installed without rivets, the AD 
proposed to require modification of the lower semichannel assemblies 
and inspection of the main drive shaft for damage. The proposed 
requirements were intended to detect missing spacer rivets, which could 
allow the metallic spacers to rotate and lead to damage and failure of 
the main drive shaft, and subsequent loss of helicopter control.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Emergency AD No. 2007-0192-E, dated July 13, 2007 (EAD 2007-0192-E), to 
correct an unsafe condition for certain serial-numbered Agusta Model 
A109E, A109S, and A109LUH helicopters with lower semichannel 
assemblies, P/N 109-0641-10-213 or 109-0642-01-171, installed. EASA 
advises that some cases of interference between the metallic spacer, P/
N 109-0642-01-195, and the main drive shaft, P/N 109-0415-06-103, have 
been detected on the Model A109LUH helicopter, a military version of 
the Model A109 helicopter that is not type certificated in the U.S., 
and that this interference has damaged the main drive shaft. EASA 
advises that this condition, if not corrected, could lead to failure of 
the main drive shaft ``with significant effects on the safety of the 
helicopter.''

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we received no comments on the NPRM (77 FR 30234, 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 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.

Differences Between This AD and the EASA AD

    This AD differs from the EASA AD as follows:
     This AD is not applicable to A109LUH model helicopters 
because they are not type certificated for use in the United States;
     This AD does not require compliance ``not later than 
September 30, 2007'' because that date has passed;
     This AD uses the term ``hours time-in-service'' rather 
than ``flight hours'' when referring to compliance times; and
     This AD does not contain the steps necessary to install 
the main drive shaft.

Related Service Information

    Agusta has issued Mandatory Alert Bollettino Tecnico No. 109EP-79, 
dated July 12, 2007 (BT 109EP-79), which applies to certain S/Ns of the 
model A109E helicopter, and Mandatory Alert Bollettino Tecnico No. 
109S-15, dated July 12, 2007 (BT 109S-15), which applies to certain S/
Ns of the model A109S helicopter. Both BT 109EP-79 and BT 109S-15 
specify performing an inspection on the left side and right side lower 
semichannel assemblies to determine if metallic spacers are installed. 
If the metallic spacers are installed, BT 109EP-79 and BT 109S-15 
specify inspecting the metallic spacers for correct installation, 
inspecting the gaskets for correct seating, modifying the semichannel 
assemblies by installing missing rivets, and inspecting the main drive 
shaft for damage if the metallic spacers are installed without rivets.

Costs of Compliance

    We estimate that this AD will affect about 90 helicopters of U.S. 
registry. We also estimate an average labor rate of $85 per work hour. 
Based on these assessments, we calculate the following costs:
     Inspecting the lower semichannel assembly for metallic 
spacers will take about 15 minutes for a labor cost of $21 per 
helicopter. No parts will be needed, so the total cost for the 90-
helicopter fleet will be $1,890.
     Inspecting for missing rivets will take about three work-
hours for a total labor cost of $255 per helicopter. Parts will cost 
$10, increasing the per-helicopter cost to $265.
     Removing, inspecting for damage, and reinstalling the main 
drive shaft will take four work-hours for a labor cost of $340. No 
parts will be required.
     Replacing the main drive shaft. This task also will take 
four work-hours, so that labor costs will again total $340. Parts will 
cost $20,824 for a total per-helicopter cost of $21,164.

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

[[Page 73908]]

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2012-23-02 Agusta S.p.A.: Amendment 39-17258; Docket No. FAA-2012-
0501; Directorate Identifier 2009-SW-083-AD.

(a) Applicability

    This AD applies to Model A109E helicopters, up to and including 
serial number (S/N) 11694, except 11633 and 11634; and Model A109S 
helicopters, up to and including S/N 22034, except S/N 22026 and 
22033; with lower semichannel assemblies, part number (P/N) 109-
0641-10-213 or 109-0642-01-171, installed; certificated in any 
category.
    Note to paragraph (a) of this AD: The lower semichannel 
assemblies are sub-components of the forward firewall assembly.

(b) Unsafe Condition

    This AD defines the unsafe condition as missing spacer rivets, 
which could allow the metallic spacers to rotate and lead to damage 
and failure of the main drive shaft, and subsequent loss of control 
of the helicopter.

(c) Effective Date

    This AD becomes effective January 16, 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 Actions

    Within 50 hours time-in-service:
    (1) Inspect the left-side and right-side lower semichannel 
assemblies by referring to Figures 1 and 2, and in accordance with 
Paragraph 3. of the Compliance Instructions in the Agusta Bollettino 
Tecnico (BT) No. 109EP-79 for the Model A109E helicopter, or BT No. 
109S-15 for the Model A109S helicopter, both dated July 12, 2007, to 
determine if metallic spacers, P/N 109-0642-01-195, are installed. 
If metallic spacers are not installed, no further actions are 
required.
    (2) For each semichannel assembly with a metallic spacer, remove 
the semichannel assembly from the helicopter firewall and note 
whether it is the left-side or right-side semichannel assembly.
    (3) Inspect each removed semichannel assembly and determine 
whether there is a fixing rivet, P/N MS20427M3-5, MS20426T3-5, or 
A298A04TW02, installed that holds the spacer to the lower 
semichannel assembly and whether the gasket is properly seated.
    (4) For each semichannel assembly without a fixing rivet on each 
side of the lower semichannel assembly or those where the gasket is 
improperly seated, separate the lower semichannel from the upper 
semichannel, noting the orientation of each spacer and gasket. 
Modify the lower semichannel assembly by installing a fixing rivet 
on each side of the lower semichannel assembly, and reattaching the 
lower and upper semichannel assemblies in accordance with paragraphs 
4.2 through 4.7 of the appropriate BT for your model helicopter. 
Paragraph 4.2 of the BT states ``remove the fixing rivets''; this AD 
changes that provision to ``remove the screws, P/N MS27039-08-05.''
    (5) Inspect each main drive shaft for a nick, a scratch, or 
other damage in the semichannel area. If a nick, a scratch, or other 
damage is found that exceeds those allowable damage tolerances in 
the maintenance manual, replace the main drive shaft with an 
airworthy main drive shaft.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Jim Grigg, Manager, Safety 
Management Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., 
Fort Worth, Texas 76137; telephone (817) 222-5110; email 
jim.grigg@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 the European Aviation 
Safety Agency Emergency AD No. 2007-0192-E, dated July 13, 2007

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 7100, powerplant 
system.

(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 the AD specifies otherwise.
    (i) Agusta Bollettino Tecnico No. 109EP-79, dated July 12, 2007.
    (ii) Agusta Bollettino Tecnico No. 109S-15, dated July 12, 2007.
    (3) For Agusta S.p.A. 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/technical-bullettins.
    (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/ibr-locations.html.

    Issued in Fort Worth, Texas, on November 6, 2012.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-28432 Filed 12-11-12; 8:45 am]
BILLING CODE 4910-13-P
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