[Federal Register Volume 65, Number 3 (Wednesday, January 5, 2000)]
[Rules and Regulations]
[Pages 346-348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-SW-91-AD; Amendment 39-11493; AD 99-27-12]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model A109A and A109A II 
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to Agusta Model A109A and A109A II helicopters, that 
currently requires, before further flight, inspecting any tail rotor 
blade (blade) with 400 or more hours time-in-service (TIS) for a crack 
and replacing any cracked blade before further flight. This amendment 
contains the same requirements as the current AD but corrects the 
paragraph that requires ``replacing any cracked blade with an 
unairworthy blade.'' This amendment is prompted by the need to correct 
the requirement to mandate

[[Page 347]]

``replacing any cracked blade with an airworthy blade.'' The actions 
specified by this AD are intended to prevent fatigue failure of the 
blade, loss of the tail rotor, and subsequent loss of control of the 
helicopter.

DATES: Effective January 5, 2000. The incorporation by reference of 
certain publications listed in the regulations was approved previously 
by the Director of the Federal Register as of January 4, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before March 6, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Office of the Regional Counsel, Southwest Region, 
Attention: Rules Docket No. 99-SW-91-AD, 2601 Meacham Blvd., Room 663, 
Fort Worth, Texas 76137.
    The service information referenced in this AD may be obtained from 
Agusta, 21017 Cascina Costa di Samarate (VA), Via Giovanni Agusta 520, 
telephone (0331) 229111, fax (0331) 229605-222595. This information may 
be examined at the FAA, Office of the Regional Counsel, Southwest 
Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Richard A. Monschke, Aerospace 
Engineer, FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, 2601 
Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5116, fax 
(817) 222-5961.

SUPPLEMENTARY INFORMATION: On December 9, 1999, the FAA issued AD 99-
26-13, Amendment 39-11472, Docket No. 99-SW-64-AD, effective January 4, 
2000, to require inspecting any tail rotor blade, part number (P/N) 
109-0132-02 (all dash numbers), with 400 or more hours TIS for a crack 
and replacing any cracked blade with an airworthy blade. That action 
was prompted by three reports of cracked blades and two reports of 
separation of a tail rotor gearbox. That condition, if not corrected, 
could result in fatigue failure of a blade, loss of the tail rotor, and 
subsequent loss of control of the helicopter.
    Agusta S.p.A. issued Bollettino Tecnico 109-110, dated July 28, 
1999 (technical bulletin), which supersedes Telegraphic Technical 
Bulletin 109-5, dated January 27, 1987. The technical bulletin 
specifies dye-penetrant inspecting any blade, P/N 109-0132-02 (all dash 
numbers), with 400 or more hours TIS, for a crack before further flight 
and thereafter at intervals not to exceed 100 hours TIS. The technical 
bulletin also specifies visually inspecting each blade before the first 
flight of each day and replacing any cracked blade. In the technical 
bulletin, the manufacturer reemphasizes the importance of performing a 
detailed inspection of the blade by publishing additional procedures 
and requirements for personnel conducting the inspections. Agusta 
S.p.A. is attempting to develop an improved blade, which would provide 
a basis for terminating the inspection requirement.
    Since the issuance of that AD, the FAA has discovered that the 
requirement in paragraph (b) of AD-99-26-13 mandates replacing a 
cracked blade with an unairworthy blade. This was an error. The 
requirement should mandate that any cracked blade be replaced with an 
airworthy blade.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other Agusta Model A109A and A109A II helicopters 
of the same type design, this AD supersedes AD 99-26-13, effective 
January 4, 2000. This AD corrects the mistake in AD 99-26-13 and 
requires that any cracked blade be replaced with an airworthy blade. 
This AD also requires dye-penetrant inspecting any blade, P/N 109-0132-
02 (all dash numbers), with 400 or more hours TIS, for a crack before 
further flight and thereafter at intervals not to exceed 100 hours TIS. 
Also, this AD requires visually inspecting each blade before the first 
flight of each day. The actions are required to be accomplished in 
accordance with the technical bulletin described previously. The short 
compliance time involved is required because the previously described 
critical unsafe condition can adversely affect the controllability and 
structural integrity of the helicopter. Therefore, dye-penetrant 
inspecting each blade for a crack is required before further flight and 
this AD must be issued immediately.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.
    The FAA estimates that 54 helicopters will be affected by this AD, 
that it will take approximately 2.5 work hours to accomplish the 
inspections, and that the average labor rate is $60 per work hour. 
Based on these figures, the total cost impact of the AD on U.S. 
operators is estimated to be $48,600 assuming 6 dye penetrant 
inspections a year.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 99-SW-91-AD.'' The postcard will be date stamped and 
returned to the commenter.
    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency

[[Page 348]]

regulation otherwise would be significant under DOT Regulatory Policies 
and Procedures, a final regulatory evaluation will be prepared and 
placed in the Rules Docket. A copy of it, if filed, may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by removing Amendment 39-11472 and by 
adding a new airworthiness directive (AD), Amendment 39-11493, to read 
as follows:

AD 99-27-12  Agusta S.p.A.: Amendment 39-11493. Docket No.99-SW-91-
AD. Supersedes AD 99-26-13, Amendment 39-11472, Docket No. 99-SW-64-
AD.

    Applicability: Model A109A and A109A II helicopters, with tail 
rotor blade (blade), part number (P/N) 109-0132-02-all dash numbers, 
with 400 or more hours time-in-service (TIS), installed, 
certificated in any category.

    Note 1: This AD applies to each helicopter identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For helicopters that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue failure of a blade, loss of the tail rotor, 
and subsequent loss of control of the helicopter, accomplish the 
following:
    (a) Before further flight, dye-penetrant inspect each blade for 
a crack in accordance with the Compliance Instructions, Part I, of 
Agusta S.p.A. Bollettino Tecnico 109-110, dated July 28, 1999 
(technical bulletin). Thereafter, at intervals not to exceed 100 
hours TIS, dye-penetrant inspect each blade for a crack in 
accordance with the Compliance Instructions, Part III, of the 
technical bulletin. If a crack is found, replace the cracked blade 
with an airworthy blade before further flight.
    (b) Before the first flight each day, visually inspect each 
blade for a crack using a 3 to 5 power magnifying glass in 
accordance with the Compliance Instructions, Part II, of the 
technical bulletin. If a crack is found, replace the cracked blade 
with an airworthy blade before further flight.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Regulations Group, FAA, Rotorcraft 
Directorate. Operators shall submit their requests through an FAA 
Principal Maintenance Inspector, who may concur or comment and then 
send it to the Manager, Regulations Group.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Regulations Group.

    (d) Special flight permits will not be issued.
    (e) The inspections shall be done in accordance with the 
Compliance Instructions of Agusta S.p.A. Bollettino Tecnico 109-110, 
dated July 28, 1999. The incorporation by reference of that document 
was approved previously by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51 as of January 4, 
2000. Copies may be obtained from Agusta, 21017 Cascina Costa di 
Samarate (VA), Via Giovanni Agusta 520, telephone (0331) 229111, fax 
(0331) 229605-222595. Copies may be inspected at the FAA, Office of 
the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 
663, Fort Worth, Texas; or at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.
    (f) This amendment becomes effective on January 5, 2000.

    Note 3: The subject of this AD is addressed in Registro 
Aeronautico Italiano, Italy, AD 99-325, dated August 2, 1999.

    Issued in Fort Worth, Texas, on December 27, 1999.
Larry M. Kelly,
Acting Manager, Rotorcraft Directorate Aircraft Certification Service.
[FR Doc. 00-17 Filed 1-4-00; 8:45 am]
BILLING CODE 4910-13-U