44042 Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0643; Directorate 

Identifier 2012–SW–096–AD] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Helicopters (Type Certificate 

Currently Held By AgustaWestland 

S.P.A) (AgustaWestland) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for 

AgustaWestland Model A109S, 

AW109SP, A119, and AW119 MKII 

helicopters to require removing certain 

rod end assemblies from service. This 

proposed AD is prompted by reports of 

fractures on the rod end assemblies that 

could damage the main rotor assembly 

and lead to loss of control of the 

helicopter. 

DATES: We must receive comments on 

this proposed AD by September 23, 

2013. 

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, the foreign 

authority’s AD, 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/technicalbullettins. 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. 

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: 

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 rule. 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 European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD No. 2012– 

0208, dated October 5, 2012, to correct 

an unsafe condition for the 

AgustaWestland Model A109LUH, 

A109S, AW109SP, A119, and AW119 

MKII helicopters. EASA advises that 

cases of in-flight fractures of rod end 

assembly, part number (P/N) M004– 

01H007–045, installed on main rotor lag 

dampers have been reported on Model 

A109LUH and AW109SP helicopters. 

An investigation revealed that two 

batches of rod end assemblies, P/N 

M004–01H007–041 and M004–01H007– 

045, could have cracks, according to 

EASA. EASA states that this condition, 

if not corrected, could lead to main rotor 

damage, possibly 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 its 

AD. We are proposing this AD because 

we evaluated all known relevant 

information and determined that an 

unsafe condition is likely to exist or 

develop on other products of the same 

type design. 

Related Service Information 

AgustaWestland issued Bollettino 

Tecnico (BT) No. 109S–49 for Model 

A109S helicopters, BT No. 109SP–052 

for Model AW109SP helicopters, and 

BT No. 119–50 for Model AW119 and 

AW119 MKII helicopters. All of the BTs 

are dated October 3, 2012. The BTs 

specify a one-time inspection of each 

rod end assembly, P/Ns M004–01H007– 

041 and M004–01H007–045, to 

determine its serial number. The BTs 

then require removal from service of 

certain serial-numbered rod end 

assemblies because fractures had been 

reported on rod ends in these batches. 

According to the BTs, no one was 

injured in the helicopters and no 

helicopters were damaged because of 

these fractures. 

Proposed AD Requirements 

Within 25 hours time-in-service (TIS), 

this proposed AD would require 

removing each affected rod end 

assembly from service. 

Differences Between This Proposed AD 

and the EASA AD 

EASA requires compliance with the 

inspection and removal of any affected 

parts from service within 25 hours flight 

hours or three months. We propose to 

require removal of the affected parts 

from service within 25 hours TIS. The 

EASA AD applies to AgustaWestland 

Model A109LUH, and this proposed AD 

would not because that model has no 

U.S. type certificate. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 91 helicopters of U.S. 


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Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Proposed Rules 44043 

Registry and that labor costs average $85 

a work-hour. Based on these estimates, 

we expect the following costs: 

• Replacing a rod end assembly 

would require 1.5 work-hours for a labor 

cost of $128. Parts would cost $3,918 for 

a total cost of $4,046 per helicopter, 

$368,186 for the U.S. fleet. 

According to the manufacturer’s 

service information, 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 

manufacturers. 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 proposed 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Agusta S.p.A. Helicopters (Type Certificate 

Currently Held By Agustawestland 

S.p.A) (AgustaWestland): Docket No. 

FAA–2013–0643; Directorate Identifier 

2012–SW–096–AD. 

(a) Applicability 

This AD applies to AgustaWestland Model 

A109S, AW109SP, A119, and AW119 MKII 

helicopters with a main rotor lag damper 

assembly (lag damper), part number (P/N) 

109–0112–39–103, 109–0112–39–105, 109– 

0112–05–105, or 109–0112–05–107, installed 

with a rod end assembly, P/N M004– 

01H007–041 or M004–01H007–045, with a 

serial number (S/N) 84 through 132, or 4964 

through 5011, certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

crack in a rod end assembly, which could 

result in fracture of the rod end assembly, 

damage to the main rotor, 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) Within 25 hours time-in-service, 

remove the rod end assembly from service. 

(2) Do not install a rod end assembly, P/ 

N M004–01H007–041 or M004–01H007–045, 

with a S/N 84 through 132 or 4964 through 

5011, on any helicopter. 

(e) Special flight permit 

Special flight permits are prohibited. 

(f) 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. 

(g) Additional Information 

(1) AgustaWestland S.p.A. Helicopters 

Bollettino Tecnico No. 109S–49, No. 109SP– 

052, and No. 119–50, all dated October 3, 

2012, which are not incorporated by 

reference, contain additional information 

about the subject of this AD. For service 

information identified in this AD, contact 

AgustaWestland, 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 the referenced 

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 AD No. 

2012–0208, dated October 5, 2012. You may 

view the EASA AD at http:// 

www.regulations.gov by searching for and 

locating it in Docket No. FAA–2013–0643. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6200, Main Rotor System. 

Issued in Fort Worth, Texas, on July 17, 

2013. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–17617 Filed 7–22–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0635; Directorate 

Identifier 2012–SW–081–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for 

Eurocopter France (Eurocopter) Model 

EC225LP helicopters. This proposed AD 


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