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[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Rules and Regulations]
[Pages 36137-36139]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14385]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0600; Directorate Identifier 2012-SW-017-AD; 
Amendment 39-17076; AD 2012-11-12]
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.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta 
S.p.A. (Agusta) Model AW139 helicopters to determine if the hardware 
that attaches the upper end of collective control rod C2 to torque tube 
C3 is properly installed. This AD is prompted by the discovery of an 
incorrectly-attached collective control rod. These actions are intended 
to prevent separation of the collective control rod from the torque 
tube, loss of control of the collective pitch, and subsequent loss of 
control of the helicopter.

DATES: This AD becomes effective July 3, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 3, 
2012.
    We must receive comments on this AD by August 17, 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/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, TX 76137; telephone (817) 222 5110; 
email sharon.y.miles@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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
No. 2011-0226-E, dated December 2, 2011 (EASA AD 2011-0226-E), to 
correct an unsafe condition for the Agusta AW139 helicopters. EASA 
advises that an occurrence of incorrect installation of a collective 
control rod has been reported. This improper installation was 
identified on an in-service helicopter during the first annual 
inspection.
    The subsequent investigation by the manufacturer led it to conclude 
that this discrepancy could affect other helicopters because the 
production quality control procedures did not require recording the 
applied torque on the bolt attaching the collective control rod to the 
torque tube. To address this unsafe condition, AgustaWestland issued 
Bollettino Tecnico (BT) No. 139-275, dated December 1, 2011, (BT 139-
275) and EASA issued AD 2011-0226-E to require an inspection of the 
attaching point of the flight control rod to the torque tube and if 
improperly installed, reinstalling the parts.
    This condition, if not detected and corrected, could lead to in-
flight separation of the collective control rod from the torque tube, 
loss of control of the collective pitch, and subsequent 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, the 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 the EASA and determined the unsafe condition is 
likely to exist or develop on other helicopters of the same type 
design.

Related Service Information

    We reviewed BT 139-275, which contains procedures to inspect for 
the proper installation of control rod C2 in the roof area and to 
ensure that the attaching hardware that connects the control rod to the 
torque tube is properly installed.

AD Requirements

    This AD requires:
     Within 5 hours time-in-service or 7 days, whichever occurs 
earlier, visually inspecting the connection between

[[Page 36138]]

control rod C2 and torque tube C3 for the proper installation of the 
bolt, washers, self locking nut, and cotter pin.
     If the installed hardware is not as prescribed in this AD, 
before further flight, re-installing control rod C2 with the correct 
bolt, washers, self locking nut, and cotter pin.

Costs of Compliance

    We estimate that this AD will affect 1 helicopter of U.S. Registry. 
We estimate that this operator may incur the following costs in order 
to comply with this AD. Inspecting and reassembling the control rod 
will require about 8 work hours at an average labor rate of $85 per 
hour, for a total cost per helicopter of $680. Any required parts costs 
are minimal.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting 
these AD requirements would delay implementing the safety actions 
needed to correct this known unsafe condition. Therefore, we find that 
the risk to the flying public justifies waiving notice and comment 
prior to the adoption of this rule because the required corrective 
actions must be accomplished within 5 hours time-in-service, a very 
short time period based on the average flight-hour utilization rate of 
these helicopters.
    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we determined that notice and opportunity for 
public comment before issuing this AD are impracticable and that good 
cause exists for making this amendment effective in less than 30 days.

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 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):

2012-11-12 AGUSTA S.P.A.: Amendment 39-17076; Docket No. FAA-2012-
0600; Directorate Identifier 2012-SW-017-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. (Agusta) Model AW139 
helicopters, serial number (S/N) 31306, 31314, 31317, 31319, 31320, 
31322, 31323, and S/N 31325 through 31345 (except S/N 31329, 31333, 
31338, 31339, and 31341), certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as an incorrectly installed 
collective control rod, which could result in detachment of the 
collective control rod, resulting in subsequent loss of control of 
the helicopter.

(c) Effective Date

    This AD becomes effective July 3, 2012.

(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) or 7 days, whichever 
occurs earlier, inspect the connection between the collective 
control rod C2 and the torque tube C3 for proper installation of 
the: bolt, part number (P/N) NAS6604D15; washer under the bolt head, 
P/N A160A0432K; self-locking nut, P/N MS17825-4; washer under the 
self-locking nut, P/N NAS1149D0432K; and the cotter pin, P/N 
MS24655-136, as depicted in Figures 1 and 2, of Agusta Bollettino 
Tecnico No. 139-275, dated December 1, 2011, (ABT 139-275).
    (2) If the connection between the collective control rod C2 and 
the torque tube C3 is not as depicted in Figures 1 and 2 of ABT 139-
275, before further flight, properly connect control rod C2 to 
torque tube C3. In order to obtain the correct bolt grip length and 
cotter pin installation, you may use a maximum of 2 washers, P/N 
NAS1149D0432K, under the self-locking nut.

(f) 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, TX 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.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency AD No. 2011-0226-E, dated December 2, 2011.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6710: Main Rotor 
Control.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the following service 
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
July 3, 2012.
    (i) Agusta Bollettino Tecnico No. 139-275, dated December 1, 
2011.
    (4) For service information identified in this AD, contact 
Agusta Westland, Customer Support & Services, Via Per Tornavento 15,

[[Page 36139]]

21019 Somma Lombardo (VA) Italy, ATTN: Giovanni Cecchelli; telephone 
39-0331-711133; fax 39 0331 711180; or at http://www.agustawestland.com/technical-bullettins.
    (5) 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 or 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Fort Worth, Texas, on May 30, 2012.
Lance T. Gant,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-14385 Filed 6-15-12; 8:45 am]
BILLING CODE 4910-13-P
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