```

[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Rules and Regulations]
[Pages 28727-28729]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10903]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0695; Directorate Identifier 2011-SW-031-AD; 
Amendment 39-17448; AD 2013-09-06]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are superseding an existing airworthiness directive (AD) 
for

[[Page 28728]]

Agusta S.p.A. (Agusta) Model A119 and AW119 MKII helicopters. The 
existing AD currently requires inspecting the pilot and copilot engine 
rotary variable differential transformer (RVDT) control box assemblies 
to determine if the control gear locking pin is in its proper position. 
Since we issued that AD, Agusta has developed a terminating action for 
this inspection. This AD requires the same actions as the existing AD 
as well as modifying the RVDT control box assemblies. The actions of 
this AD are intended to prevent failure of an RVDT control box 
assembly, loss of manual control of the engine throttle, and subsequent 
loss of control of the helicopter.

DATES: This AD is effective June 20, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of June 20, 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 
0331711133; 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://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: 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: 

Discussion

    On July 3, 2012, at 77 FR 39444, the Federal Register published our 
notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR 
part 39 to supersede AD 2010-15-51 (75 FR 50863, August 18, 2010). The 
NPRM would apply to Agusta model A119 and AW119 MKII helicopters and 
proposed to require repetitively inspecting the pilot and co-pilot 
control box assemblies for the proper positioning of the locking pins, 
and if the locking pin is recessed or extended in excess of 2.0 
millimeters from the face of the pin bore, or missing, replacing the 
control box assembly. Additionally, the NPRM proposed to require 
modifying the pilot and co-pilot control box assemblies to terminate 
the repetitive inspection requirements. The proposed requirements were 
intended to prevent failure of an RVDT control box assembly, loss of 
manual control of the engine throttle, and subsequent loss of control 
of the helicopter.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2011-0095-E, dated May 24, 2011, to permanently correct the unsafe 
condition addressed in AD 2010-15-51 (75 FR 50863, August 18, 2010) for 
the Agusta A119 and AW MKII helicopters. EASA advises that Agusta has 
developed a modification to the pilot and co-pilot control box 
assemblies that will ``remedy the problem and prevent recurrence.'' 
This EASA AD requires repetitive inspections of the affected pilot and 
co-pilot control box assemblies until a terminating action modification 
is made within 8 calendar months of the effective date of the EASA AD.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we did not receive any comments on the NPRM (77 FR 39444, 
July 3, 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.

Related Service Information

    We reviewed Agusta Alert Bollettino Tecnico (ABT) No. 119-39 
Revision A, dated May 23, 2011 (ABT 119-39). The ABT 119-39 describes 
procedures for repetitively inspecting the pilot and co-pilot control 
box assemblies for correct positioning of the engine RVDT control gear 
locking pin and provides instructions on how to modify the pilot and 
co-pilot control box assemblies to terminate the repetitive 
inspections. EASA classified this ABT as mandatory and issued EAD No. 
2011-0095-E, dated May 24, 2011, to ensure the continued airworthiness 
of these helicopters.

Costs of Compliance

    We estimate that this AD will affect 49 helicopters of U.S. 
Registry. We estimate that operators will incur the following costs in 
order to comply with this AD. At an average labor rate of $85 per work 
hour, inspecting the two RVDT control box assemblies will require about 
1.5 hours, for a cost per helicopter of about $128 and a cost to the 
U.S. fleet of about $6,272 per inspection cycle. Modification of the 
pilot and co-pilot RVDT control box assemblies will require about 8 
hours, and required parts will cost about $8, for a total cost per 
helicopter of $688 and a cost to the U.S. fleet of $33,712.

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

[[Page 28729]]

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 removing airworthiness directive (AD) 
2010-15-51, Amendment 39-16397 (75 FR 50863, August 18, 2010), and 
adding the following new AD:

2013-09-06 Agusta S.p.A.: Amendment 39-17448; Docket No. FAA-2012-
0695; Directorate Identifier 2011-SW-031-AD.

(a) Applicability

    This AD applies to Agusta Model A119 and AW119 MKII helicopters, 
with pilot control box assembly (control box), part number (P/N) 
109-0010-81-103, and co-pilot control box, P/N 109-0010-81-107, 
installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a rotary variable 
differential transformer (RVDT) locking pin, which could move out of 
position and result in loss of manual throttle control of the engine 
and subsequent loss of control of the helicopter.

(c) Affected ADs

    This AD supersedes AD 2010-15-51, Amendment 39-16397 (75 FR 
50863, August 18, 2010).

(d) Effective Date

    This AD becomes effective June 20, 2013.

(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) Within 5 hours time-in-service (TIS), and thereafter at 
intervals not to exceed 50 hours TIS, remove the cover of the pilot 
and co-pilot RVDT control box assemblies and inspect the locking 
pins for proper position by following the Compliance Instructions, 
Parts I and II, paragraphs 2. through 4.1 for the pilot control box 
assembly and paragraphs 5. through 7.1 for the co-pilot control box 
assembly, of Agusta Bollettino Tecnico No. 119-39, Revision A, dated 
May 23, 2011.
    (2) If during the inspection the locking pin is recessed or 
extended in excess of 2.0 millimeters from the face of the pin bore, 
or missing, before further flight, replace the RVDT control box with 
an airworthy RVDT control box that has been modified in accordance 
with paragraph (f)(3) of this AD.
    (3) Within 8 months,
    (i) Modify the pilot RVDT control box assembly, P/N 109-0010-81-
103, by reference to Figures 1 through 7 and in accordance with the 
Compliance Instructions, Part III, paragraphs 5.1 through 5.16 of 
Agusta Bollettino Tecnico No. 119-39 Revision A, dated May 23, 2011; 
and
    (ii) Modify the co-pilot RVDT control box assembly, P/N 109-
0010-81-107, by reference to Figures 1 through 7 and in accordance 
with the Compliance Instructions, Part III, paragraphs 3.1 through 
3.16 of Agusta Bollettino Tecnico No. 119-39, Revision A, dated May 
23, 2011.
    (4) Modifying the pilot and copilot RVDT control box assemblies 
in accordance with paragraph (f)(3) of this AD constitutes 
terminating action for the requirements of this AD.

(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 AD 2011-0095-E, dated May 24, 2011.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6700: Rotors 
Flight Control.

(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.
    (i) Agusta Bollettino Tecnico No. 119-39 Revision A, dated May 
23, 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/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 April 26, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-10903 Filed 5-15-13; 8:45 am]
BILLING CODE 4910-13-P
```