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[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Proposed Rules]
[Pages 54596-54598]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21587]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0751; Directorate Identifier 2012-SW-051-AD]
RIN 2120-AA64

Airworthiness Directives; AgustaWestland S.p.A. (Type Certificate 
Formerly Held by Agusta S.p.A) (Agusta) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) for Agusta Model AB139 and AW139 helicopters. The existing AD 
currently requires establishing a revised life limit for each tail 
rotor blade (blade), updating the helicopter's historical records, 
repetitively inspecting each blade for a crack, and replacing certain 
blades. Since we issued that AD, the manufacturer has improved the 
design of the blades using different materials and established life 
limits for each newly-designed blade. This proposed AD would expand the 
applicability to include the newly-designed blades and establish their 
life limits. This proposed AD would also retain the requirement to 
inspect each blade for a crack and, if there is a crack, replace each 
blade with an airworthy blade. The proposed actions are intended to 
detect a crack in a blade to prevent failure of a blade and subsequent 
loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by November 4, 
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 foreign 
authority's 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 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: Sharon Miles, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; 
email sharon.y.miles@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

    On August 26, 2011, we issued Emergency AD (EAD) 2011-18-52 for the 
Agusta Model AB139 and AW139 helicopters. We published EAD 2011-18-52 
as a final rule; request for comments in the Federal Register (77 FR 
23109, April 18, 2012). EAD 2011-18-52 requires revising the life 
limits for each blade, part number (P/N) 3G6410A00131 and 4G6410A00131, 
updating the helicopter's historical records, repetitively inspecting 
each blade for a crack, and replacing certain blades. That action was 
prompted by a fatal accident involving an Agusta Model AW139 
helicopter, which may have been caused by cracks in a blade. The 
European Aviation Safety Agency (EASA), which is the Technical Agent 
for the Member States of the European Union, notified us of the unsafe 
condition and issued EASA EAD No. 2011-0156-E, dated August 25, 2011, 
to require repetitive inspections and reduce the life limit of the 
blades. This condition, if not detected and corrected, could result in 
failure of a blade and subsequent loss of control of the helicopter.

Actions Since Existing AD Was Issued

    Since we issued EAD No. 2011-18-52, the manufacturer first 
developed two new blades with an improved

[[Page 54597]]

design and specified life limits and repetitive inspections for the 
blades. EASA issued AD No. 2012-0030, dated February 17, 2012, which 
superseded EASA EAD No. 2011-0156E, to add the new blades to the 
required actions. The manufacturer then developed two new blades with 
improved materials and specified new life limits and inspections for 
the blades. EASA then issued EASA AD No. 2012-0076, dated May 2, 2012, 
revised by EASA AD No. 2012-0076R1, dated July 13, 2012, to require the 
repetitive inspections and reduced life limits on the additional new 
blades.

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 helicopters of these same type designs.

Related Service Information

    Agusta issued Mandatory Bollettino Tecnicos (BTs) No. 139-265, No. 
139-285, No. 139-286, all Revision A, and all dated July 12, 2012, 
which specify a precautionary inspection for a crack, a life limit for 
the affected blades, and a ``quarantine'' of blades that have exceeded 
their life limit. The BTs also provide instructions for mixed usage of 
the affected blades. The BTs specify sending the damaged or cracked 
blade along with certain data to the manufacturer.

Proposed AD Requirements

    This proposed AD would retain the inspection requirements for 
certain part-numbered blades and expand the applicability to include 
the newly-designed blades and establish life limits for those blades. 
The proposed AD would also require replacing any cracked blade or a 
blade that has reached its life limit.

Interim Action

    We consider this proposed AD to be an interim action. If a final 
action is later identified, we might consider additional rulemaking.

Costs of Compliance

    We estimate that this proposed AD would affect 93 helicopters of 
U.S. Registry. We estimate that operators may incur the following costs 
in order to comply with this AD. It would take 1 work hour to inspect 
each blade for a crack at $85 per work hour or $7,905 for the fleet. If 
required, it would take 8 work hours to replace a blade, and required 
parts would cost $35,680, for total cost of $36,360.

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

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 removing Amendment 39-17020 (77 FR 
23109, April 18, 2012); Docket No. FAA-2012-0409; Directorate 
Identifier 2011-SW-055-AD; and by adding the following new 
airworthiness directive (AD):

Agustawestland S.p.A. (Type Certificate Formerly Held by Augsta 
S.p.A) (Agusta): Docket No. FAA-2013-0751; Directorate Identifier 
2012-SW-051-AD.

(a) Applicability

    This AD applies to Model AB139 and AW139 helicopters with tail 
rotor blade (blade), part number (P/N) 3G6410A00131, 4G6410A00131, 
3G6410A00132, 4G6410A00132, 3G6410A00133, or 4G6410A00133, 
installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a blade. This 
condition could result in failure of a blade and subsequent loss of 
control of the helicopter.

(c) Affected ADs

    This AD supersedes AD No. 2011-18-52; Amendment 39-17020; Docket 
No. FAA-2012-0409; Directorate Identifier 2011-SW-055-AD.

(d) Comments Due Date

    We must receive comments by November 4, 2013.

(e) 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.

(f) Required Actions

    (1) Within 5 hours time-in-service (TIS), establish a life limit 
for each blade as follows, revise the Airworthiness Limitations 
section of the maintenance manual, and update the helicopter's 
historical records. If a blade's total number of cycles is unknown, 
determine the blade cycles by multiplying the blade's hours TIS by 
4.
    (i) For blade, P/N 3G6410A00131 or P/N 4G6410A00131: establish a 
life limit of 600 hours TIS or 1,500 cycles, whichever occurs first.
    (ii) For blade, P/N 3G6410A00132 or P/N 4G6410A00132: establish 
a life limit of 1,200 hours TIS or 3,200 cycles, whichever comes 
first.

[[Page 54598]]

    (iii) For blade, P/N 3G6410A00133 or P/N 4G6410A00133: establish 
a life limit of 10,000 cycles or 3 years since opening the sealed 
wrap, whichever comes first.
    (2) Within 5 hours TIS, replace each blade that has reached or 
exceeded its life limit with an airworthy blade.
    (3) Within 25 hours TIS, and thereafter at intervals not to 
exceed 25 hours TIS, using a mirror, a 5x or higher power magnifying 
glass, and a light source, or borescope, visually inspect each blade 
for a crack or damage that exceeds the limits of the applicable 
maintenance manual in the highlighted area depicted in Figure 1 of 
Agusta Mandatory Bollettino Tecnicos No. 139-265, Revision A, dated 
July 12, 2012; No. 139-285, Revision A, dated July 12, 2012; or No. 
139-286, Revision A, dated July 12, 2012.
    (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 blade with an airworthy blade.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Sharon Miles, Aviation Safety 
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-
5110; email sharon.y.miles@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.

(h) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD No. 2012-0076R1, dated July 13, 2012, which revises 
EASA AD No. 2012-0076, dated May 2, 2012, which can be found in the 
AD docket on the Internet at http://www.regulations.gov.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6410 Tail Rotor 
Blades.

    Issued in Fort Worth, Texas, on August 21, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-21587 Filed 9-4-13; 8:45 am]
BILLING CODE 4910-13-P
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