[Federal Register Volume 73, Number 91 (Friday, May 9, 2008)]
[Rules and Regulations]
[Pages 26316-26318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10054]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0524; Directorate Identifier 2007-SW-77-AD; 
Amendment 39-15519; AD 2007-26-52]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model A109C, A109E, and 
A109K2 Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: This document supersedes Airworthiness Directive (AD) 2001-24-
07 R1 and adopts AD 2007-26-52, which was sent previously to all known 
U.S. owners and operators of Agusta S.p.A. (Agusta) Model A109C, A109E, 
and A109K2 helicopters by individual letters. This AD requires 
inspections for swelling, deformation, bonding separation, or a crack 
on each main rotor blade (MRB) with a certain tip cap installed, and if 
any of these conditions are found that exceed the prescribed limits, 
replacing the MRB before further flight. This amendment is prompted by 
a report of the in-flight loss of part of a tip cap. The actions 
specified in this AD are intended to prevent an increase in vibration 
of the MRB and subsequent loss of control of the helicopter.

DATES: Effective May 27, 2008, to all persons except those persons to 
whom it was made immediately effective by Emergency AD 2007-26-52, 
issued on December 20, 2007, which contained the requirements of this 
amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 27, 2008. The Director of the Federal Register approved the 
incorporation by reference of Agusta Alert Bollettino Tecnico No. 109-
106, No. 109K-22, and No. 109EP-1, all Revision B and all dated 
December 19, 2000, listed in the AD as of January 7, 2002 (66 FR 60144, 
December 3, 2001).
    Comments for inclusion in the Rules Docket must be received on or 
before July 8, 2008.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from 
Agusta, 21017 Cascina Costa di Samarate (VA) Italy, Via Giovanni Agusta 
520, telephone 39 (0331) 229111, fax 39 (0331) 229605-222595.
    Examining the Docket: You may examine the docket that contains the 
AD, any comments, and other information 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 Docket Operations office (telephone (800) 647-5527) is 
located in Room W12-140 on the ground floor of the West Building at the 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Safety Management Group, Fort 
Worth, Texas 76193-0111, telephone (817) 222-5122, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: On June 16, 2004, the FAA issued AD 2001-24-
07 R1, Amendment 39-13687 (69 FR 35511, June 25, 2004). That AD 
required inspecting each MRB, part number (P/N) 709-0103-01, tip cap, 
for either bonding separation or a crack, and provided a terminating 
action for the requirements of the AD by replacing each tip cap with an 
airworthy tip cap, P/N 709-0103-29-109.
    Since issuing that AD, there has been one report of in-flight loss 
of part of a tip cap, P/N 709-0103-29-109, resulting in an emergency 
landing due to an increase in vibrations. There has also been one 
report of cracking on the tip cap leading edge. Therefore, on December 
20, 2007, we issued Emergency AD 2007-26-52, which superseded AD 2001-
24-07 R1 (69 FR 35511, June 25, 2004), to remove the terminating action 
of replacing a tip cap with tip cap, P/N 709-0103-29-109, and to remove 
the serial number limitation of AD 2001-24-07 R1. The Emergency AD 
requires inspecting and replacing certain MRBs, if necessary.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for Italy, a Member State of the European Community, notified us 
that an unsafe condition may exist on Agusta Model A109C, A109E, and 
A109K2 helicopters. The EASA advises that an incident occurred in which 
a Model A109E helicopter lost part of the tip of the MRB due to 
fracture of the welded bead (joint line of shells). The manufacturer 
advises that the investigation relating to this tip cap failure is 
still ongoing.
    Agusta has issued Alert Bollettino Tecnico No. 109-106 for the 
Model A109C, No. 109K-22 for the Model A109K2, and No. 109EP-1 for the 
Model A109E, all Revision B and all dated December 19, 2000, which 
describe inspecting the MRB tip cap for bonding separation and a crack; 
a tap inspection of the tip cap for bonding separation in the blade 
bond; and a dye-penetrant inspection of the tip cap leading edge along 
the welded joint line of the upper and lower tip cap skin shells for a 
crack. Since then, Agusta has issued Bollettino Tecnico No. 109-125 for 
the Model A109C, No. 109EP-85 for the Model A109E, and No. 109K-48 for 
the Model A109K2, all dated December 13, 2007, which describe 
procedures for inspecting the tip cap, P/N 709-0103-29-109, for cracks 
and for damage on the tip cap leading edge at the welded bead (joint 
line of shells). The EASA classified these bollettino tecnicos as 
mandatory and issued EASA Emergency AD No. 2007-0306-E, dated December 
14, 2007, to ensure the continued

[[Page 26317]]

airworthiness of these helicopters in Italy.
    These helicopter models are manufactured in Italy and are type 
certificated for operation in the United States under the provisions of 
14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the 
applicable bilateral agreement, the EASA, the agent for Italy, has kept 
the FAA informed of the situation described above. The FAA has examined 
the findings of the EASA, reviewed all available information, and 
determined that AD action is necessary for products of these type 
designs that are certificated for operation in the United States.
    Since the unsafe condition described is likely to exist or develop 
on other Agusta Model A109C, A109E, and A109K2 helicopters of the same 
type designs, the FAA issued Emergency AD 2007-26-52 to prevent an 
increase in vibration of the MRB and subsequent loss of control of the 
helicopter. The AD requires, for any MRB with a serial number with a 
prefix of either ``EM-'' or ``A5-'', except a MRB with a tip cap, P/N 
709-0103-29-109, within 10 hours TIS and thereafter at intervals not to 
exceed 25 hours time-in-service (TIS):
    <bullet> A tap inspection of the upper and lower sides of each tip 
cap for bonding separation and in the tip cap to blade bond area;
    <bullet> A visual inspection of the upper and lower side of each 
blade tip cap for swelling or deformation; and
    <bullet> A dye-penetrant inspection of the tip cap leading edge 
along the welded joint line of the upper and lower tip cap skin shells 
for a crack. The AD also requires visually inspecting each MRB with a 
tip cap, P/N 709-0103-29-109, for a crack on the leading edge at the 
welded bead (joint line of shells) using a 10x or higher power 
magnifying glass, and if there is damage other than a crack, inspecting 
the area using a dye-penetrant inspection method, within the following 
compliance times:
    <bullet> For a tip cap, P/N 709-0103-29-109, with 600 or more hours 
TIS, inspect within the next 5 hours TIS or 30 days, whichever occurs 
first, and thereafter at intervals not to exceed 50 hours TIS; or
    <bullet> For a tip cap with less than 600 hours TIS, inspect before 
reaching 600 hours TIS, and thereafter, at intervals not to exceed 50 
hours TIS.
    If dwelling, deformation, a crack, or bonding separation that 
exceeds the prescribed limits is found in a MRB with an affected 
prefix, except a MRB with a tip cap, P/N 709-0103-29-109, the MRB must 
be replaced with an airworthy MRB before further flight. If a crack is 
found in a MRB with tip cap, P/N 709-0103-29-109, then before further 
flight the MRB must be replaced with an airworthy MRB. The actions must 
be accomplished in accordance with the bollettino tecnicos described 
previously.
    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 applicable inspections of each affected MRB and replacing any 
unairworthy MRB are required before further flight, 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 December 20, 2007 to all known U.S. owners and operators of 
Model A109C, A109E, and A109K2 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.
    The FAA estimates that this AD will affect 101 helicopters of U.S. 
registry (44 without a tip cap, P/N 709-0103-29-109, plus 57 with that 
tip cap), and will take, for MRBs with any tip cap, except tip cap, P/N 
709-0103-29-109, approximately 6 work hours per helicopter to 
accomplish the initial and 24 25-hour TIS repetitive inspections 
(assuming they include dye-penetrant inspections), and for MRBs with 
tip cap, P/N 709-0103-29-109, installed, approximately 8 work hours per 
helicopter to accomplish the initial and 12 50-hour TIS repetitive 
inspections, assuming that these inspections require using a dye-
penetrant method also, at an average labor rate of $80 per work hour. 
Based on these figures, we estimate the total cost impact of the AD on 
U.S. operators to be $495,360.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any written data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2008-0524; Directorate 
Identifier 2007-SW-77-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of the AD. We will consider all 
comments received by the closing date and may amend the AD in light of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact 
with FAA personnel concerning this AD. Using the search function of our 
docket Web site, you can find and read the comments to any of our 
dockets, including the name of the individual who sent the comment. You 
may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://docketsinfo.dot.gov.

Regulatory Findings

    We have 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 above, I certify that the 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); and
    3. 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. See the AD docket to examine the economic evaluation.

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

[[Page 26318]]

that is likely to exist or develop on products identified in this 
rulemaking action.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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

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. Section 39.13 is amended by adding a new airworthiness directive to 
read as follows:

2007-26-52 Agusta S.p.A.: Amendment 39-15519. Docket No. FAA-2008-
0524; Directorate Identifier 2007-SW-77-AD. Supersedes AD 2001-24-07 
R1, Amendment 39-13687, Docket No. 2001-SW-15-AD.
    Applicability: Model A109C, A109E, and A109K2 helicopters, with 
a main rotor blade (MRB), Part Number (P/N) 709-0103-01-all dash 
numbers, certificated in any category.
    Compliance: Required as indicated.
    (a) For a MRB with a serial number that has a prefix of either 
``EM-'' or ``A5-'', except a MRB with a tip cap, P/N 709-0103-29-
109, installed, within 10 hours time-in-service (TIS), unless 
accomplished previously, and thereafter at intervals not to exceed 
25 hours TIS:
    (1) Tap inspect the upper and lower sides of each tip cap for 
bonding separation between the metal shells and the honeycomb core 
using a steel tap hammer, P/N 109-3101-58-1, or a coin (quarter) in 
the area indicated as honeycomb core on Figure 1 of Alert Bollettino 
Tecnico (BT) No. 109-106, No. 109K-22, or No. 109EP-1, all Revision 
B, and all dated December 19, 2000, as applicable to your model 
helicopter. Also, tap inspect for bonding separation in the tip cap 
to blade bond area (no bonding voids are permitted in this area).
    (2) Visually inspect the upper and lower sides of each blade tip 
cap for swelling or deformation.
    (3) Dye-penetrant inspect the tip cap leading edge along the 
welded joint line of the upper and lower tip cap skin shells for a 
crack in accordance with the Compliance Instructions, steps 3. 
through 3.2.6., of the applicable BT.
    (4) If any swelling, deformation, crack, or bonding separation 
that exceeds the prescribed limits in the applicable maintenance 
manual is found, replace the blade with an airworthy blade before 
further flight.
    (b) For a MRB with a tip cap, P/N 709-0103-29-109, installed, 
perform the following in accordance with Table 1:

                                 Table 1
------------------------------------------------------------------------
           For each tip cap:                         Comply:
------------------------------------------------------------------------
With 600 or more hours TIS.............  Within the next 5 hours TIS or
                                          30 days, whichever occurs
                                          first, and thereafter at
                                          intervals not to exceed 50
                                          hours TIS.
With less than 600 hours TIS...........  Before reaching 600 hours TIS,
                                          and thereafter, at intervals
                                          not to exceed 50 hours TIS.
------------------------------------------------------------------------

    (1) Using a 10x or higher power magnifying glass, visually 
inspect the tip cap leading edge welded bead (joint line between the 
two metallic shells) for a crack in accordance with the Compliance 
Instructions, steps 1. through 2. of BT No. 109-125, No. 109EP-85, 
or No. 109K-48, all dated December 13, 2007, as applicable to your 
model helicopter.
    (2) If there is damage other than a crack, inspect the tip cap 
leading edge along the welded joint line of the shells for a crack 
using a dye penetrant method in accordance with the Compliance 
Instructions, steps 3. through 3.7. of BT No. 109-125, No. 109EP-85, 
or No. 109K-48, all dated December 13, 2007, as applicable to your 
model helicopter.
    (3) If a crack is present, remove the blade and replace it with 
an airworthy blade before further flight.
    (c) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Contact the Manager, Safety Management Group, FAA, ATTN: Sharon 
Miles, Rotorcraft Directorate, Fort Worth, Texas 76193-0111, 
telephone (817) 222-5122, fax (817) 222-5961, for information about 
previously approved alternative methods of compliance.
    (d) The inspections shall be done in accordance with the 
specified portions of the service information described in 
paragraphs (d)(1) and (d)(2) of this AD.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Agusta Bollettino Tecnico No. 109-125, 
No. 109EP-85, and No. 109K-48, all dated December 13, 2007, in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Agusta Alert Bollettino Tecnico No. 
109-106, No. 109K-22, and No. 109EP-1, all Revision B and all dated 
December 19, 2000, on January 7, 2002 (66 FR 60144, December 3, 
2001).
    (3) Copies may be obtained from Agusta, 21017 Cascina Costa di 
Samarate (VA) Italy, Via Giovanni Agusta 520, telephone 39 (0331) 
229111, fax 39 (0331) 229605-222595.
    (4) 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 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.

    Note: The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2007-0306-E, dated December 14, 2007.

    (e) This amendment becomes effective on May 27, 2008, to all 
persons except those persons to whom it was made immediately 
effective by Emergency AD 2007-26-52, issued December 20, 2007, 
which contained the requirements of this amendment.

    Issued in Fort Worth, Texas, on May 1, 2008.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E8-10054 Filed 5-8-08; 8:45 am]
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