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Rules and Regulations Federal Register

23109 

Vol. 77, No. 75 

Wednesday, April 18, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0409; Directorate 

Identifier 2011–SW–055–AD; Amendment 

39–17020; AD 2011–18–52] 

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. 

SUMMARY: We are publishing a new 

airworthiness directive (AD) for certain 

Agusta S.p.A. (Agusta) Model AB139 

and AW139 helicopters that requires 

establishing a revised life limit for each 

tail rotor (T/R) blade and updating the 

helicopter’s historical records, 

repetitively inspecting T/R blades for a 

crack, and replacing certain T/R blades. 

This AD is prompted by a fatal accident 

involving an Agusta Model AW139 

helicopter, which may have been caused 

by cracks in a T/R blade. These actions 

are intended to detect and prevent a 

crack in a T/R blade, which could lead 

to failure of a T/R blade and subsequent 

loss of control of the helicopter. 

DATES: This AD becomes effective May 

3, 2012 to all persons except those 

persons to whom it was made 

immediately effective by Emergency AD 

2011–18–52, issued on August 25, 2011, 

which contained the requirements of 

this AD. 

We must receive comments on this 

AD by June 18, 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 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 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/technicalbullettins. You may review a copy 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: Jim 

Grigg, Manager, FAA, Safety 

Management Group, 2601 Meacham 

Blvd., Fort Worth, Texas 76137; 

telephone: (817) 222–5112; fax: (817) 

222–5961; email jim.grigg@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 August 26, 2011, we issued 

Emergency AD No. 2011–18–52 for the 

Agusta AB139 and AW139 helicopters. 

The Emergency AD incorrectly lists the 

effective date as August 26, 2011, when 

the correct date is August 25, 2011, 

which is the issue date listed above the 

signature block. That Emergency AD 

requires establishing a revised life limit 

for each T/R blade and updating the 

helicopter’s historical records, 

repetitively inspecting T/R blades for a 

crack, and replacing certain T/R blades. 

That action was prompted by a fatal 

accident involving an Agusta Model 

AW139 helicopter, which may have 

been caused by cracks in a T/R blade. 

This condition, if not detected and 

corrected, could result in failure of a 

T/R blade 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 has issued EASA 

Emergency AD No. 2011–0156–E, dated 

August 25, 2011, to correct an unsafe 

condition for the Agusta Model AB139 

and AW139 helicopters. EASA advises 

that in early 2011, there was a reported 

occurrence of T/R dynamic ‘‘unbalance’’ 

on a Model AW139 helicopter. Pending 

the results of the investigation into that 

occurrence, EASA issued AD No. 2011– 

0081, dated May 9, 2011, to require, as 

a precautionary measure, repetitive 

inspections of the T/R blades. After that 

AD was issued, a fatal accident occurred 

with another Model AW139 helicopter 

on August 19, 2011, possibly caused by 

cracks in a T/R blade. EASA advises 

that this condition, if not detected and 

corrected, could lead to a T/R structural 

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23110 Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 

failure, resulting in loss of control of the 

helicopter. 

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 

their 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. This AD 

contains minor editorial changes but is 

otherwise consistent with the 

Emergency AD, and will neither 

increase to economic burden on any 

operator nor increase the scope of the 

Emergency AD. 

Related Service Information 

Agusta has issued Mandatory 

Bollettino Tecnico (BT) No. 139–265, 

dated August 25, 2011 (BT No. 139– 

265), which supersedes Agusta BT No. 

139–251, dated May 6, 2011, for the 

Model AB139 and AW139 helicopters. 

The BT specifies, within 25 flight hours 

and at subsequent intervals of every 25 

flight hours thereafter, visually 

inspecting the T/R blades, part number 

(P/N) 3G6410A00131 or P/N 

4G6410A00131, for a crack or signs of 

damage using a mirror, magnifying glass 

(5X or greater), and a ‘‘hand torch’’ 

(flashlight). If there is a crack or signs 

of damage, the BT specifies sending the 

damaged blade along with certain data 

to the manufacturer. In addition, for 

helicopters with more than 600 flight 

hours or more than 1,500 landings, 

whichever occurs first, the BT specifies 

replacing the T/R blades with blades 

that have less than 600 flight hours and 

less than 1,500 landings. The BT 

specifies sending certain data to the 

manufacturer regarding the removed 

T/R blades. EASA classified the BT as 

mandatory and issued Emergency AD 

No. 2011–0156–E, dated August 25, 

2011, to ensure the continued 

airworthiness of these helicopters. 

AD Requirements 

For Agusta Model AB139 and AW139 

helicopters with a T/R blade, P/N 

3G6410A00131 or 4G6410A00131, this 

AD requires: 

• Within 5 hours time-in-service 

(TIS), establish a life limit of 600 hours 

TIS or 1,500 takeoff and landing cycles 

(cycles), whichever occurs first, on the 

affected T/R blades and update the 

helicopter’s historical records. If a T/R 

blade’s total number of cycles is 

unknown, determine the T/R blade 

cycles by multiplying the T/R blade’s 

hours TIS by 4. 

• For a T/R blade that, on the 

effective date of this AD, has already 

exceeded 600 hours TIS or 1,500 cycles, 

within 5 hours TIS replace the T/R 

blade with an airworthy T/R blade. 

• Within 25 hours TIS, and thereafter 

at intervals not to exceed 25 hours TIS, 

visually inspect the T/R blade for a 

crack or damage that exceeds the limits 

of the applicable maintenance manual. 

Inspect the T/R blade using a mirror, 

magnifying glass (5X or greater), and 

light source; or borescope. 

• If there is a crack, or if there is 

damage that exceeds the limits of the 

applicable maintenance manual, before 

further flight, replace the T/R blade with 

an airworthy T/R blade. 

Differences Between This AD and the 

EASA AD 

The AD differs from the EASA AD in 

that we use the term ‘‘take-off and 

landing cycles’’ and EASA uses the term 

‘‘flight cycles.’’ In addition, we use the 

term ‘‘hours time-in-service’’ to describe 

compliance times, and EASA uses 

‘‘flight hours’’. EASA’s AD requires you 

to contact the manufacturer if there is a 

crack in a T/R blade, and our AD does 

not require that action. Finally, our AD 

requires, within 5 hours TIS, replacing 

a T/R blade that has exceeded the newly 

revised life limits. EASA’s AD requires 

replacing the T/R blade within 5 flight 

hours or 30 days, whichever occurs first. 

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 will affect 

46 helicopers of U.S. Registry. 

We estimate that operators may incur 

the following costs in order to comply 

with this AD: each inspection will take 

1 work-hour and a blade replacement 

will take 8 work-hours. Required parts 

will cost about $35,000 per T/R blade. 

Based on these figures, we estimate the 

total cost impact of the AD on U.S. 

operators to be $237,050, assuming all 

T/R blades will require 15 recurring 

visual inspections, a one-time 

inspection, and that 5 T/R blades are 

replaced. 

FAA’s Justification and Determination 

of the Effective Date 

The short compliance time involved 

is required because the previously 

described critical unsafe condition can 

adversely affect the structural integrity 

and controllability of the helicopter. 

Therefore, the actions previously 

described are required at the specified 

intervals, and this AD must be issued 

immediately. 

Since it was found that immediate 

corrective action was required, notice 

and opportunity for prior public 

comment thereon were impracticable 

and contrary to the public interest, and 

good cause existed to make the AD 

effective immediately by individual 

letters issued on August 26, 2011 to all 

known U.S. owners and operators of 

Agusta Model AB139 and AW139 

helicopters. These conditions still exist, 

and the AD is hereby published in the 

Federal Register as an amendment to 14 

CFR 39.13 to make it effective to all 

persons. 

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 

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Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 23111 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2011–18–52 AGUSTA S.p.A. (AGUSTA): 

Amendment 39–17020; Docket No. 

FAA–2012–0409; Directorate Identifier 

2011–SW–055–AD. 

(a) Applicability 

This AD applies to Agusta Model AB139 

and AW139 helicopters, with a tail rotor (T/ 

R) blade, part number (P/N) 3G6410A00131 

or P/N 4G6410A00131, certificated in any 

category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

cracks in a T/R blade. The actions in this AD 

are intended to detect and prevent a crack in 

a T/R blade which could lead to failure of a 

T/R blade and subsequent loss of control of 

the helicopter. 

(c) Effective Date 

This AD becomes effective May 3, 2012 to 

all persons except those persons to whom it 

was made immediately effective by 

Emergency AD 2011–18–52, issued on 

August 25, 2011, which contained the 

requirements of this AD. 

(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 

(1) Within 5 hours time-in-service (TIS), 

establish a life limit of 600 hours TIS or 1,500 

takeoff and landing cycles (cycles), 

whichever occurs first, on the affected T/R 

blades and update the helicopter’s historical 

records. If a T/R blade’s total number of 

cycles is unknown, determine the T/R blade 

cycles by multiplying the T/R blade’s hours 

TIS by 4. 

(2) For a T/R blade that, on the effective 

date of this AD, has already exceeded 600 

hours TIS or 1,500 cycles, within 5 hours TIS 

replace the T/R blade with an airworthy 

T/R blade. 

(3) Within 25 hours TIS, and thereafter at 

intervals not to exceed 25 hours TIS, visually 

inspect the T/R blade for a crack or damage 

that exceeds the limits of the applicable 

maintenance manual. Inspect in the area 

depicted in the following figure using a 

mirror, magnifying glass (5X or greater), and 

light source, or borescope. 

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23112 Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 

(4) If there is a crack, or if there is damage 

that exceeds the limits of the applicable 

maintenance manual, before further flight, 

replace the T/R blade with an airworthy T/ 

R blade. 

(5) This AD revises the Airworthiness 

Limitations section of the maintenance 

manual by reducing the life limit of the T/ 

R blade to 600 hours TIS or 1,500 cycles. 

(f) Special Flight Permits 

Special flight permits may be issued in 

accordance with 14 CFR 21.197 and 21.199 

to operate the helicopter to a location where 

the requirements of this AD can be 

accomplished provided that there is minimal 

flight crew and there are no passengers. 

(g) 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, FAA, Safety Management Group, 

2601 Meacham Blvd., Fort Worth, Texas 

76137; telephone: (817) 222–5112; fax: (817) 

222–5961; email jim.grigg@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. 

(h) Additional Information 

(1) Agusta Mandatory Bollettino Tecnico 

No. 139–265, dated August 25, 2011, which 

is not incorporated by reference, contains 

additional information about the subject of 

this AD. 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/technicalbullettins. You may review a copy of the 

service information at the FAA, Office of the 

Regional Counsel, Southwest Region, 2601 

Meacham Blvd., Room 663, Fort Worth, 

Texas 76137. 

(2) The subject of this AD is addressed in 

European Aviation Safety Agency (Italy) AD 

No. 2011–0156–E, dated August 25, 2011. 

(i) Subject 

The Joint Aircraft Service Component 

(JASC) Code is: 6410: Tail Rotor Blade. 

Issued in Fort Worth, Texas, on April 10, 

2012. 

Lance T. Gant, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–9315 Filed 4–17–12; 8:45 am] 

BILLING CODE 4910–13–P 


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