30234 Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0501; Directorate 

Identifier 2009–SW–083–AD] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for Agusta 

S.p.A. (Agusta) Model A109E and 

Model A109S helicopters with certain 

lower semichannel assemblies installed. 

This proposed AD results from reported 

cases of damage to the main drive shaft 

caused by improperly secured metallic 

spacers on some A109 model 

helicopters. This proposed AD would 

require a one-time inspection of the 

lower semichannel assemblies to 

determine if metallic spacers are 

installed. If the metallic spacers are 

installed, this proposed AD would 

require an inspection for the correct 

installation of the metallic spacers on 

the semichannels and for the correct 

seating of the gaskets. If the metallic 

spacers are not installed with rivets, the 

lower semichannel assemblies would be 

required to be modified, and the main 

drive shaft would be inspected for 

damage. The actions specified by this 

proposed AD are intended to detect 

missing spacer rivets, which could 

allow the metallic spacers to rotate and 

lead to damage and failure of the main 

drive shaft, and subsequent loss of 

helicopter control. 

DATES: We must receive comments on 

this proposed AD by July 23, 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 proposed 

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/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: Jim 

Grigg, Manager, Aircraft Certification, 

FAA, Rotorcraft Directorate, Safety 

Management Group, 2601 Meacham 

Blvd., Fort Worth, Texas 76137; 

telephone (817) 222–5126, fax (817) 

222–5961; email: jim.grigg@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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA Emergency AD 

2007–0192–E, dated July 13, 2007 (EAD 

2007–0192–E), to correct an unsafe 

condition for the Agusta Model A109E, 

‘‘up to S/N 11694 included,’’ except 

serial numbers (S/N) 11633 and 11634; 

Model A109S, ‘‘up to S/N 22034 

included,’’ except S/Ns 22026 and 

22033; and Model A109LUH, ‘‘from 

S/N 13653 up to S/N 13668 included, 

from S/N 13752 up to S/N 13761 

included, and from S/N 13801 up to 

13811 included’’; with lower 

semichannel assemblies, part number 

(P/N) 109–0641–10–213 or 109–0642– 

01–171, installed. EASA advises that 

some cases of interference between the 

metallic spacer, P/N 109–0642–01–195, 

and the main drive shaft, P/N 109– 

0415–06–103, have been detected on the 

Model A109LUH helicopter, a military 

version of the Model A109 helicopter 

that is not type certificated in the U.S., 

and that this interference has damaged 

the main drive shaft. EASA advises that 

this condition, if not corrected, could 

lead to failure of the main drive shaft 

‘‘with significant effects on the safety 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 exists and is likely to 

exist or develop on other products of the 

same type design. 

Related Service Information 

Agusta has issued Mandatory Alert 

Bollettino Tecnico No. 109EP–79, dated 

July 12, 2007 (BT 109EP–79), which 

applies to certain S/Ns of the model 

A109E helicopter, and Mandatory Alert 

Bollettino Tecnico No. 109S–15, dated 

July 12, 2007 (BT 109S–15), which 

applies to certain S/Ns of the model 

A109S helicopter. Both BT 109EP–79 

and BT 109S–15 specify performing an 

inspection on the left side and right side 

lower semichannel assemblies to 

determine if metallic spacers are 

installed. If the metallic spacers are 

installed, BT 109EP–79 and BT 109S–15 

specify inspecting the metallic spacers 

for correct installation, inspecting the 

gaskets for correct seating, modifying 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Proposed Rules 30235 

the semichannel assemblies by 

installing missing rivets, and inspecting 

the main drive shaft for damage if the 

metallic spacers are installed without 

rivets. 

Proposed AD Requirements 

Within 50 hours time-in-service, this 

proposed AD would require you to do 

the following: 

• Perform a one-time inspection of 

the lower semichannel assemblies to 

determine if the metallic spacers are 

installed. 

• If the metallic spacers are installed, 

determine correct installation of the 

metallic spacers and correct seating of 

the gaskets. 

• If the metallic spacers are installed 

without rivets, modify the lower 

semichannel assemblies by installing 

rivets. Also, inspect the main drive shaft 

for nicks, scratches, or other damage in 

the area of the semichannel. If damage 

exceeds allowable damage tolerances, 

replace the main drive shaft with an 

airworthy main drive shaft. 

Differences Between This Proposed AD 

and the EASA AD 

This proposed AD differs from the 

EASA AD as follows: 

• This proposed AD is not applicable 

to A109LUH model helicopters because 

they are not type certificated for use in 

the United States; 

• This proposed AD does not require 

compliance ‘‘not later than September 

30, 2007’’ because that date has passed; 

• This proposed AD uses the term 

‘‘hours time-in-service’’ rather than 

‘‘flight hours’’ when referring to 

compliance times; and 

• This proposed AD does not contain 

the steps necessary to install the main 

drive shaft. 

Costs of Compliance 

We estimate that this proposed AD 

would affect about 90 helicopters of 

U.S. registry. We also estimate an 

average labor rate of $85 per work hour. 

Based on these assessments, we 

calculate the following costs: 

• Inspecting the lower semichannel 

assembly for metallic spacers would 

take about 15 minutes for a labor cost 

of $21 per helicopter. No parts would be 

needed, so the total cost for the 90- 

helicopter fleet would be $1,890. 

• Inspecting for missing rivets would 

take about three work-hours for a total 

labor cost of $255 per helicopter. Parts 

would cost $10, increasing the perhelicopter cost to $265. 

• Removing, inspecting for damage, 

and reinstalling the main drive shaft 

would take four work-hours for a labor 

cost of $340. No parts would be 

required. 

• Replacing the main drive shaft. This 

task also would take four work-hours, so 

that labor costs would again total $340. 

Parts would cost $20,824 for a total perhelicopter cost of $21,164. 

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 

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.: Docket No. FAA–2012–0501; 

Directorate Identifier 2009–SW–083–AD. 

(a) Applicability 

This AD applies to Model A109E 

helicopters, up to and including serial 

number (S/N) 11694, except 11633 and 

11634; and Model A109S helicopters, up to 

and including S/N 22034, except S/N 22026 

and 22033; with lower semichannel 

assemblies, part number (P/N)109–0641–10– 

213 or 109–0642–01–171, installed; 

certificated in any category. 

Note to paragraph (a) of this AD: The 

lower semichannel assemblies are subcomponents of the forward firewall assembly. 

(b) Unsafe Condition 

This AD results from reported cases of 

damage to the main drive shaft caused by 

improperly secured metallic spacers on some 

A109 model helicopters. The actions 

specified by this AD are intended to detect 

missing spacer rivets, which could allow the 

metallic spacers to rotate and lead to damage 

and failure of the main drive shaft, 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 

Within 50 hours time-in-service: 

(1) Inspect the left-side and right-side 

lower semichannel assemblies by referring to 

Figures 1 and 2, and in accordance with 

Paragraph 3. of the Compliance Instructions 

in the Agusta Bollettino Tecnico (BT) No. 

109EP–79 for the Model A109E helicopter, or 

BT No. 109S–15 for the Model A109S 

helicopter, both dated July 12, 2007, to 

determine if metallic spacers, P/N 109–0642– 

01–195, are installed. If metallic spacers are 

not installed, no further actions are required. 

(2) For each semichannel assembly with a 

metallic spacer, remove the semichannel 

assembly from the helicopter firewall and 

note whether it is the left-side or right-side 

semichannel assembly. 

(3) Inspect each removed semichannel 

assembly and determine whether there is a 

fixing rivet, P/N MS20427M3–5, 

MS20426T3–5, or A298A04TW02, installed 

that holds the spacer to the lower 

semichannel assembly and whether the 

gasket is properly seated. 

(4) For each semichannel assembly without 

a fixing rivet on each side of the lower 


srobinson on DSK4SPTVN1PROD with PROPOSALS
30236 Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Proposed Rules 

semichannel assembly or those where the 

gasket is improperly seated, separate the 

lower semichannel from the upper 

semichannel, noting the orientation of each 

spacer and gasket. Modify the lower 

semichannel assembly by installing a fixing 

rivet on each side of the lower semichannel 

assembly, and reattaching the lower and 

upper semichannel assemblies in accordance 

with paragraphs 4.2 through 4.7 of the 

appropriate BT for your model helicopter. 

Paragraph 4.2 of the BT states ‘‘remove the 

fixing rivets’’; this AD changes that provision 

to ‘‘remove the screws, P/N MS27039–08– 

05.’’ 

(5) Inspect each main drive shaft for a nick, 

a scratch, or other damage in the 

semichannel area. If a nick, a scratch, or 

other damage is found that exceeds those 

allowable damage tolerances in the 

maintenance manual, replace the main drive 

shaft with an airworthy main drive shaft. 

(e) Alternative Methods of Compliance 

(AMOC) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Jim Grigg, 

Manager, Aircraft Certification, FAA, 

Rotorcraft Directorate, Safety Management 

Group, 2601 Meacham Blvd., Fort Worth, 

Texas 76137; telephone (817) 222–5126, fax 

(817) 222–5961; email: jim.grigg@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. 

(f) Additional Information 

(1) 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/technicalbullettins. You may review a copy of the 

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 

the European Aviation Safety Agency (EASA) 

AD 2007–0192–E, dated July 13, 2007. 

(g) Subject 

Joint Aircraft Service Component (JASC) 

Code: 7100, powerplant system. 

Issued in Fort Worth, Texas, on May 9, 

2012. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–12354 Filed 5–21–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0529; Directorate 

Identifier 2011–SW–050–AD] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Agusta S.p.A. (Agusta) Model AW139 

helicopters. This proposed AD is 

prompted by the discovery of improper 

installation of solder splices on the copilot audio system causing intermittent 

noise through the audio system during 

flight. The proposed actions are 

intended to prevent degradation and 

complete loss of communications 

between the pilot and co-pilot during 

flight, impairing the co-pilot’s capability 

to react immediately to operational 

difficulties, which could lead to 

subsequent loss of control of the 

helicopter. 

DATES: We must receive comments on 

this proposed AD by July 23, 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 proposed 

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/technicalbullettins. You may review copies of 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: John 

VanHoudt, Aerospace Engineer, FAA, 

Rotorcraft Directorate, Regulations and 

Policy Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137, telephone 

(817) 222–5167, email 

john.vanhoudt@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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued AD No.: 2011–0140, 

dated July 20, 2011 (2011–0140), to 

correct an unsafe condition for certain 

Agusta AW139 helicopters. EASA 

advises that some occurrences of 

intermittent noise in the co-pilot audio 

system have been reported. The 

technical investigation carried out by 

Agusta showed that some of the solder 

splices on the audio panel were the 


srobinson on DSK4SPTVN1PROD with PROPOSALS