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[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Rules and Regulations]
[Pages 65161-65163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24038]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0518; Directorate Identifier 2009-SW-021-AD; 
Amendment 39-17607; AD 2013-20-01]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. (Type Certificate 
Currently Held by AgustaWestland S.p.A) (Agusta) 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 
Model A109A, A109AII, and A109C helicopters with a certain third stage 
turbine wheel installed. This AD requires installing a placard on the 
instrument panel and revising the limitations section of the rotorcraft 
flight manual (RFM). This AD was prompted by several incidents of third 
stage engine turbine wheel failures, which were caused by excessive 
vibrations at certain engine speeds during steady-state operations. 
These actions are intended to alert pilots to avoid certain engine 
speeds during steady-state operations, prevent failure of the third 
stage engine turbine, engine power loss, and subsequent loss of control 
of the helicopter.

DATES: This AD is effective December 5, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of December 5, 
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://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 foreign authority's 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: Chinh Vuong, Aviation Safety Engineer, 
Safety Management Group, Rotorcraft Directorate, FAA, 2601 Meacham 
Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email 
chinh.vuong@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    On June 20, 2013, at 78 FR 37162, 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 Agusta Model A109A, 
A109AII, and A109C helicopters with a third stage turbine wheel, part 
number (P/N) 23065833, installed. The NPRM proposed to require 
installing a placard on the instrument panel adjacent to the engine and 
rotor RPM power turbine (N2) indicator and revising the Operating 
Limitations sections of the Model A109A, A109AII, and A109C RFMs to 
limit steady-state operations between speeds of 95% and 97%. The 
proposed requirements were intended to alert pilots to avoid certain 
engine speeds during steady-state operations, prevent failure of the 
third stage engine turbine, engine power loss, and subsequent loss of 
control of the helicopter.
    The NPRM was prompted by AD No. 2009-0037-E, dated February 19, 
2009, issued by the European Aviation Safety Agency (EASA), which is 
the Technical Agent for the Member States of the European Union. EASA 
issued AD No. 2009-0037-E to correct an unsafe condition for Agusta 
Model A109A, A109AII, and A109C helicopters with a Rolls Royce 
Corporation (RRC) engine Model 250-C20B or 250-C20R/1 having a third 
stage turbine wheel P/N 23065833 installed. EASA advises that following 
several third stage turbine wheel failures, the engine type

[[Page 65162]]

certificate holder, RRC, issued Commercial Engine Bulletin (CEB) A-1400 
Revision 3, dated January 19, 2009 (CEB A-1400), to introduce an 
operational limitation on the power turbine (N2) speed range (95% to 
97%) for more than 60 seconds in single or cumulative events for 
engines with the third stage turbine wheel P/N 23065833, installed.
    The EASA AD requires amending the RFMs and installing a placard as 
described in Agusta Bollettino Tecnico No. 109-129, dated February 16, 
2009 (BT 109-129). The EASA AD also states to avoid steady-state 
operation in the 95% to 97% N2 range for more than 60 seconds, and 
requires the corrective actions of CEB A-1400 if that limitation is 
exceeded.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we did not receive any comments on the NPRM (78 FR 37162, 
June 20, 2013).

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

    Agusta has issued BT 109-129, which contains procedures for 
installing a placard on the instrument panel below or near the engine 
and rotor RPM power turbine (N2) indicator and for inserting the RFM 
changes into the flight manual.

Costs of Compliance

    We estimate that this AD will affect 40 helicopters of U.S. 
Registry. Based on an average labor rate of $85 per hour, we estimate 
that operators will incur the following costs in order to comply with 
this AD. Amending the RFM will require about 0.25 work-hour, for a cost 
per helicopter of about $22 and a cost to U.S. operators of $880. 
Installing the decal will require about 0.2 work-hours, and required 
parts will cost about $5, for a cost per helicopter of $22 and a cost 
to U.S. operators of $880. Based on these estimates, the total cost of 
this AD will be $44 per helicopter and $1,760 for the U.S. operator 
fleet.

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

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):

2013-20-01 Agusta S.p.A. (Type Certificate Currently Held By 
Agustawestland S.p.A.) (Agusta): Amendment 39-17607; Docket No. FAA-
2013-0518; Directorate Identifier 2009-SW-021-AD.

(a) Applicability

    This AD applies to Agusta Model A109A, A109AII, and A109C 
helicopters with a third stage turbine wheel, part number 23065833, 
installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a third stage turbine 
vibration, which could result in turbine failure, engine power loss, 
and subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective December 5, 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 30 days:
    (1) For Model A109A helicopters, revise the Power Plant 
Limitations section, page 1-7, of the Model A109A Rotorcraft Flight 
Manual (RFM) by inserting page 5 of Agusta Bollettino Tecnico No. 
109-129, dated February 16, 2009 (BT 109-129).
    (2) For Model A109AII helicopters, revise the Power Plant 
Limitations section, page 1-6, of the Model A109AII RFM by inserting 
page 6 of BT 109-129.
    (3) For Model A109C helicopters, revise the Power Plant and 
Transmission Limitations section, page 1-8, of the Model A109C RFM 
by inserting page 7 of BT 109-129.
    (4) Install a placard on the instrument panel adjacent to the 
Engine and Rotor RPM Power Turbine (N2) Indicator that states: MIN. 
CONT. 97% N2--MIN. TRANS. 95% N2.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Chinh Vuong, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601 
Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; 
email chinh.vuong@faa.gov.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under

[[Page 65163]]

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. 2009-0037-E, dated February 19, 2009. 
You may view the EASA AD on the internet in the AD Docket at http://www.regulations.gov.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 7250: Turbine 
Section.

(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. 109-129, dated February 16, 
2009.
    (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 review this service information at the FAA, Office 
of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas 76137.
    (5) You may also 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 September 20, 2013.
Scott A. Horn,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft 
Certification Service.
[FR Doc. 2013-24038 Filed 10-30-13; 8:45 am]
BILLING CODE 4910-13-P
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