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[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Proposed Rules]
[Pages 1654-1656]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-367]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1453; Directorate Identifier 2009-SW-46-AD]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Agusta S.p.A. (Agusta) Model A109, A109A, A109A II, A109C, A109K2, 
A109E, A109S, and A119 helicopters. This proposed AD is prompted by a 
mandatory continuing airworthiness information (MCAI) AD issued by the 
European Aviation Safety Agency (EASA), which is the Technical Agent 
for the Member States of the European Community. The MCAI AD states 
that a Model A109E helicopter has experienced a failure of the tail 
rotor pitch control link assembly caused by a production defect. The 
proposed actions are intended to prevent failure of a tail rotor pitch 
control link and subsequent loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by March 12, 2012.

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 proposed AD, 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 proposed 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 copies of 
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: Gary Roach, Aerospace Engineer, 
Rotorcraft Directorate, Regulations and Policy Group, FAA, 2601 Meacham 
Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email 
gary.b.roach@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    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 might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, 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 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 proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2006-0228-E, dated July 27, 2006, to 
correct an unsafe condition for Agusta Model A109A, A109A II, A109C, 
A109K2, A109E, A109S, A109LUH and A119 helicopters. The MCAI AD states 
that an Agusta Model A109E helicopter has experienced a failure of the 
tail rotor pitch control link assembly, part number 109-0130-05-117, 
with 10 flight hours. This proposed AD would require actions that are 
intended to prevent failure of a tail rotor pitch control link and 
subsequent loss of control of the helicopter. You may obtain further 
information by examining the MCAI AD and any related service 
information in the AD Docket.

FAA's Determination

    These products have been approved by the aviation authority of 
Italy and are approved for operation in the United States. Pursuant to 
our bilateral agreement with this State of Design Authority, the EASA, 
their technology agents have notified us of the unsafe condition 
described in the MCAI AD and service information. We are proposing this 
AD because we evaluated all information provided by the EASA and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of these same type designs.

Related Service Information

    Agusta has issued Alert Bollettino Tecnico (ABT) No. 109S-5, dated 
July 26, 2006, for Model A109S helicopters; ABT No. 109EP-70, dated 
July 27, 2006, for Model A109E helicopters; ABT No. 109K-47, dated July 
27, 2006, for Model A109K2 helicopters; ABT No. 109-122, dated July 27, 
2006, for Model A109A, A109A II, and A109C helicopters; and ABT No. 
119-15, dated July 27, 2006, for Model A119 helicopters. These ABTs 
specify performing a one-time inspection of the subject link assembly 
for excessive friction of the spherical bearing of the bearing ball and 
for a crack. The EASA classified these ABTs as mandatory and issued 
EASA AD 2006-0228-E, to ensure the continued airworthiness of these 
helicopters.

Proposed AD Requirements

    This proposed AD would require compliance with specified portions 
of the manufacturer's service bulletin including:
     Before further flight, inspect the affected link assembly 
for freedom of movement of the links while it is installed on the 
helicopter. If a rotation

[[Page 1655]]

resistance or binding occurs, before further flight, remove the link 
assembly from the helicopter, and either:
     Replace it with an airworthy link assembly with a ``T'' 
marked after the serial number, or
     Inspect the link assembly for the torsion value force of 
the ball bearing.
     If not immediately required by the previous paragraph, 
within 5 hours time-in-service, remove the link assembly from the 
helicopter and inspect the torsion value force of the ball bearing 
rotation.
     If the torsion value force in either end of the link 
assembly is greater than 7.30 N, the link assembly is unairworthy.
     If the torsion value force of the ball bearing in both 
ends of the link assembly is equal to or less than 7.30 N, inspect the 
stem of the link assembly for a crack. If a crack is found, the link 
assembly is unairworthy.
     For a link assembly that has been inspected and determined 
not to have a crack, before further flight, mark a ``T'' on the link 
assembly after the serial number using an etch pen.
     For a link assembly which has been inspected and 
determined to be unairworthy, before further flight, replace the link 
assembly with an airworthy link assembly. Only a link assembly with a 
``T'' marked after the serial number, documenting that the link 
assembly has been inspected for a crack, is eligible for installation.

Differences Between This Proposed AD and the EASA AD

    This proposed AD does not apply to uninstalled parts whereas the 
EASA AD does apply to uninstalled parts. This proposed AD includes the 
Agusta Model A109 helicopter whereas the EASA AD does not. The EASA AD 
applies to the Model A109LUH helicopter, this proposal does not. This 
proposed AD does not require accomplishing Part III of the ABTs; the 
EASA AD does.

Costs of Compliance

    We estimate that this proposed AD would affect 203 helicopters of 
U.S. Registry.
    We estimate that operators may incur the following costs in order 
to comply with this AD. It would take about 5 work-hours per helicopter 
to inspect each tail rotor pitch control link assembly, the average 
labor rate is $85 per work-hour, and required parts would cost about 
$3,188 per helicopter. Based on these figures, we estimate the total 
cost to be $733,439, assuming the tail rotor pitch control link 
assembly would be replaced on the entire fleet.
    According to the production approval holder's (PAH's) service 
information some of the costs of this proposed AD may be covered under 
warranty, thereby reducing the cost impact on affected individuals. We 
do not control warranty coverage by the PAH. Accordingly, we have 
included all costs in our cost estimate.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed regulation:
    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 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 proposed 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new 
Airworthiness Directive (AD):

Agusta S.p.A.: Docket No. FAA-2011-1453; Directorate Identifier 
2009-SW-46-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. (Agusta) Model A109, A109A, 
A109A II, A109C, A109K2, A109E, A109S, and A119 helicopters, with a 
tail rotor pitch control link assembly (link assembly), part number 
(P/N) 109-0130-05-117, with less than 100 hours time-in-service 
(TIS) and with a serial number (S/N) with a prefix of ``MO'' and S/N 
001 through 773 and without the letter ``T'' suffix after the S/N, 
installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a failure of the tail 
rotor pitch control link assembly P/N 109-0130-05-117. This 
condition could result in failure of the tail rotor pitch control 
link and subsequent loss of control of the helicopter.

(c) 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.

(d) Required Actions

    (1) Before further flight, inspect the link assembly for freedom 
of movement while it is installed on the helicopter. If rotation 
resistance or binding occurs, before further flight, remove the link 
assembly from the helicopter, and either:
    (i) Replace it with an airworthy link assembly with a ``T'' 
marked after the serial number, or;
    (ii) Inspect the link assembly for the torsion value force of 
the ball bearing rotation, in accordance with paragraph (d)(2) of 
this AD.
    (2) If there is no rotation resistance or binding found during 
the inspection required by paragraph (d)(1) of this AD that required 
an immediate torsion value force inspection, within 5 hours TIS, 
remove the link assembly from the helicopter and inspect the torsion 
value force of the ball bearing rotation by referring to Figure 1 
and following the

[[Page 1656]]

Compliance Instructions, Part II, paragraphs 3. through 3.2, of 
Agusta Alert Bollettino Tecnico (ABT) No. 109S-5, dated July 26, 
2006, for Model A109S helicopters; ABT No. 109EP-70, dated July 27, 
2006, for Model A109E helicopters; ABT No. 109K-47, dated July 27, 
2006, for Model A109K2 helicopters; ABT No. 109-122, dated July 27, 
2006, for Model A109, A109A, A109A II, and A109C helicopters; or ABT 
No. 119-15, dated July 27, 2006, for Model A119 helicopters.
    (i) If the torsion value force of the ball bearing in either end 
of the link assembly is greater than 7.30 N, the link assembly is 
unairworthy.
    (ii) If the torsion value force of the ball bearing in both ends 
of the link assembly is equal to or less than 7.30 N, after cleaning 
the link assembly stem using aliphatic naphtha, or equivalent, and a 
soft non-metallic bristle brush, inspect all 4 (four) faces of the 
stem of the link assembly for a crack using a 10x or higher 
magnifying glass. If you cannot determine whether there is a crack 
in the stem of the link assembly by using a 10x or higher magnifying 
glass, conduct a dye penetrant inspection by referring to Figure 1 
and following the Compliance Instructions, Part II, paragraphs 6. 
through 6.7, of the ABT that is applicable to your model helicopter. 
If a crack is found, the link assembly is unairworthy.
    (3) For a link assembly which has been inspected in accordance 
with paragraph (d)(2)(ii) of this AD and determined to be 
unairworthy, before further flight, replace the link assembly with 
an airworthy link assembly. Only a link assembly with a ``T'' marked 
after the serial number, documenting that the link assembly has been 
inspected for a crack, is eligible for installation.

(e) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Safety Management Group, Rotorcraft 
Directorate, FAA, may approve AMOCs for this AD. Send your proposal 
to: Gary Roach, Aviation Safety Engineer, Regulations and Policy 
Group, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, 
Texas 76137; telephone (817) 222-5110; email gary.b.roach@faa.gov.
    (2) For operations conducted under a Part 119 operating 
certificate or under 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.

(f) Additional Information

    The subject of this AD is addressed in the European Aviation 
Safety Agency (Italy) AD 2006-0228-E, dated July 27, 2006.

(g) Subject

    Joint Aircraft Service Component (JASC) Code: 6400: Tail Rotor 
System.

    Issued in Fort Worth, Texas, on December 27, 2011.
M. Monica Merritt,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-367 Filed 1-10-12; 8:45 am]
BILLING CODE 4910-13-P
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