18228 Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1453; Directorate 

Identifier 2009–SW–46–AD; Amendment 39– 

17394; AD 2013–05–22] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Agusta S.p.A. (Agusta) Model A109, 

A109A, A109A II, A109C, A109K2, 

A109E, A109S, and A119 helicopters. 

This AD was prompted by a mandatory 

continuing airworthiness information 

(MCAI) AD issued by the European 

Aviation Safety Agency (EASA), which 

is the Technical Agent for the Member 

States of the European Community. The 

MCAI AD states that a Model A109E 

helicopter experienced a failure of the 

tail rotor pitch control link assembly 

caused by a production defect. The 

actions of this AD are intended to 

prevent failure of a tail rotor pitch 

control link and subsequent loss of 

control of the helicopter. 

DATES: This AD is effective April 30, 

2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain documents listed in this AD 

as of April 30, 2013. 

ADDRESSES: 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 

referenced service information at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham 

Blvd., Room 663, Fort Worth, Texas 

76137. 

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, any 

incorporated-by-reference service 

information, the economic evaluation, 

any comments received, and other 

information. The street address for the 

Docket Operations Office (phone: 800– 

647–5527) is U.S. Department of 

Transportation, Docket Operations 

Office, M–30, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Gary 

Roach, Aerospace Engineer, Rotorcraft 

Directorate, Regulations and Policy 

Group, FAA, 2601 Meacham Blvd., Fort 

Worth, Texas 76137; telephone (817) 

222–5110; email gary.b.roach@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On January 11, 2012, at 77 FR 1654, 

the Federal Register published our 

notice of proposed rulemaking (NPRM), 

which proposed to amend 14 CFR part 

39 to include an AD that would apply 

to Agusta Model A109, A109A, A109A 

II, A109C, A109K2, A109E, A109S, and 

A119 helicopters, with a certain tail 

rotor pitch control link assembly (link 

assembly). That NPRM proposed to 

require inspecting the link assembly for 

freedom of movement of the links and, 

if a rotation resistance or binding 

occurred, either replacing it with an 

airworthy link assembly with a ‘‘T’’ 

marked after the serial number, or 

inspecting it for the torsion value force 

of the ball bearing before further flight. 

If no rotation resistance or binding 

occurred during the inspection, the 

NPRM proposed inspecting the link 

assembly for the torsion value force of 

the ball bearing rotation within 5 hours 

time-in-service. If the torsion value force 

in either end of the link assembly is 

greater than 7.30 N, the NPRM proposed 

replacing the link assembly. If the 

torsion value force of the ball bearing in 

both ends of the link assembly is equal 

to or less than 7.30 N, the NPRM 

proposed inspecting the stem of the link 

assembly for a crack and, if there is a 

crack, replacing the link assembly. The 

proposed requirements were intended to 

prevent failure of a tail rotor pitch 

control link and subsequent loss of 

control of the helicopter. 

EASA issued EASA AD No. 2006– 

0228–E, dated July 27, 2006 (AD 2006– 

0228–E), to correct an unsafe condition 

for Agusta Model A109A, A109A II, 

A109C, A109K2, A109E, A109S, 

A109LUH and A119 helicopters. EASA 

advises that an Agusta Model A109E 

helicopter experienced a failure of a tail 

rotor pitch control link assembly with 

10 flight hours. 

Comments 

We gave the public the opportunity to 

participate in developing this AD, but 

we did not receive any comments on the 

NPRM (77 FR 1654, January 11, 2012). 

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 the 

EASA AD. We are issuing this AD 

because we evaluated all information 

provided by EASA and determined the 

unsafe condition exists and is likely to 

exist or develop on other helicopters of 

these same type designs and that air 

safety and the public interest require 

adopting the AD requirements as 

proposed except we are correcting the 

paragraph reference in paragraph (e)(3) 

of the required actions. Paragraph (e)(3) 

references the inspection requirements 

of ‘‘paragraph (2)(ii)’’ when the correct 

reference is ‘‘paragraph (2).’’ This 

change is consistent with the intent of 

the proposals in the NPRM (77 FR 1654, 

January 11, 2012) and will not increase 

the economic burden on any operator 

nor increase the scope of the AD. 

Related Service Information 

Agusta has issued Alert Bollettino 

Tecnico (ABT) No. 109S–5, dated July 

26, 2006, for Model A109S helicopters; 

ABT No. 109EP–70, dated July 27, 2006, 

for Model A109E helicopters; ABT No. 

109K–47, dated July 27, 2006, for Model 

A109K2 helicopters; ABT No. 109–122, 

dated July 27, 2006, for Model A109A, 

A109A II, and A109C helicopters; and 

ABT No. 119–15, dated July 27, 2006, 

for Model A119 helicopters. These 

ABTs specify performing a one-time 

inspection of the subject link assembly 

for excessive friction of the spherical 

bearing of the bearing ball and for a 

crack. The EASA classified these ABTs 

as mandatory and issued EASA AD 

2006–0228–E, to ensure the continued 

airworthiness of these helicopters. 

Differences Between This AD and the 

EASA AD 

This AD does not apply to uninstalled 

parts whereas the EASA AD does apply 

to uninstalled parts. This AD includes 

the Agusta Model A109 helicopter 

whereas the EASA AD does not. The 

EASA AD applies to the Model 

A109LUH helicopter; however, this AD 

does not. This AD does not require 

accomplishing Part III of the ABTs; the 

EASA AD does. 

Costs of Compliance 

We estimate that this AD will affect 

203 helicopters of U.S. Registry. 

We estimate that operators may incur 

the following costs in order to comply 

with this AD. It will take about 5 workhours per helicopter to inspect each tail 


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Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations 18229 

rotor pitch control link assembly, the 

average labor rate is $85 per work-hour, 

and required parts will cost about 

$3,188 per helicopter. Based on these 

figures, we estimate the total cost to be 

$733,439, assuming the tail rotor pitch 

control link assembly is replaced on the 

entire fleet. 

According to the Agusta service 

information some of the costs of this AD 

may be covered under warranty, thereby 

reducing the cost impact on affected 

individuals. We do not control warranty 

coverage by Agusta. Accordingly, we 

have included all costs in our cost 

estimate. 

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 

helicopters identified in this rulemaking 

action. 

Regulatory Findings 

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 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 

■ 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): 

2013–05–22 Agusta S.p.A. (Agusta): 

Amendment 39–17394; Docket No. 

FAA–2011–1453; Directorate Identifier 

2009–SW–46–AD. 

(a) Applicability 

This AD applies to Agusta Model A109, 

A109A, A109A II, A109C, A109K2, A109E, 

A109S, and A119 helicopters, with a tail 

rotor pitch control link assembly (link 

assembly), part number (P/N) 109–0130–05– 

117, with less than 100 hours time-in-service 

(TIS) and with a serial number (S/N) with a 

prefix of ‘‘MO’’ and S/N 001 through 773 and 

without the letter ‘‘T’’ suffix after the S/N, 

installed, certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

failure of the tail rotor pitch control link 

assembly, P/N 109–0130–05–117. This 

condition could result in failure of the tail 

rotor pitch control link and subsequent loss 

of control of the helicopter. 

(c) Effective Date 

This AD becomes effective April 30, 2013. 

(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) Before further flight, inspect the link 

assembly for freedom of movement while it 

is installed on the helicopter. If rotation 

resistance or binding occurs, before further 

flight, remove the link assembly from the 

helicopter, and either: 

(i) Replace it with an airworthy link 

assembly with a ‘‘T’’ marked after the serial 

number, or 

(ii) Inspect the link assembly for the 

torsion value force of the ball bearing 

rotation, in accordance with paragraph (e)(2) 

of this AD. 

(2) If there is no rotation resistance or 

binding found during the inspection required 

by paragraph (e)(1) of this AD that required 

an immediate torsion value force inspection, 

within 5 hours TIS, remove the link assembly 

from the helicopter and inspect the torsion 

value force of the ball bearing rotation by 

referring to Figure 1 and following the 

Compliance Instructions, Part II, paragraphs 

3. through 3.2, of Agusta Alert Bollettino 

Tecnico (ABT) No. 109S–5, dated July 26, 

2006, for Model A109S helicopters; ABT No. 

109EP–70, dated July 27, 2006, for Model 

A109E helicopters; ABT No. 109K–47, dated 

July 27, 2006, for Model A109K2 helicopters; 

ABT No. 109–122, dated July 27, 2006, for 

Model A109, A109A, A109A II, and A109C 

helicopters; or ABT No. 119–15, dated July 

27, 2006, for Model A119 helicopters. 

(i) If the torsion value force of the ball 

bearing in either end of the link assembly is 

greater than 7.30 N, the link assembly is 

unairworthy. 

(ii) If the torsion value force of the ball 

bearing in both ends of the link assembly is 

equal to or less than 7.30 N, after cleaning 

the link assembly stem using aliphatic 

naphtha, or equivalent, and a soft nonmetallic bristle brush, inspect all 4 (four) 

faces of the stem of the link assembly for a 

crack using a 10x or higher magnifying glass. 

If you cannot determine whether there is a 

crack in the stem of the link assembly by 

using a 10x or higher magnifying glass, 

conduct a dye penetrant inspection by 

referring to Figure 1 and following the 

Compliance Instructions, Part II, paragraphs 

6. through 6.7, of the ABT that is applicable 

to your model helicopter. If a crack is found, 

the link assembly is unairworthy. 

(3) For a link assembly which has been 

inspected in accordance with paragraph 

(e)(2) of this AD and determined to be 

unairworthy, before further flight, replace the 

link assembly with an airworthy link 

assembly. Only a link assembly with a ‘‘T’’ 

marked after the serial number, documenting 

that the link assembly has been inspected for 

a crack, is eligible for installation. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Gary Roach, 

Aviation Safety Engineer, Regulations and 

Policy Group, Rotorcraft Directorate, FAA, 

2601 Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; email 

gary.b.roach@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. 

2006–0228–E, dated July 27, 2006. 


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18230 Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Rules and Regulations 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6400, Tail Rotor System. 

(i) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Agusta Alert Bollettino Tecnico No. 

109S–5, dated July 26, 2006; 

(ii) Agusta Alert Bollettino Tecnico No. 

109EP–70, dated July 27, 2006; 

(iii) Agusta Alert Bollettino Tecnico No. 

109K–47, dated July 27, 2006; 

(iv) Agusta Alert Bollettino Tecnico No. 

109–122, dated July 27, 2006; and 

(v) Agusta Alert Bollettino Tecnico No. 

119–15, dated July 27, 2006. 

(3) For Agusta 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. 

(4) You may view this referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 2601 

Meacham Blvd., Room 663, Fort Worth, 

Texas 76137. 

(5) You may also view this service 

information 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/ 

cfr/ibr-locations.html. 

Issued in Fort Worth, Texas, on March 7, 

2013. 

Lance T. Gant, 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–06131 Filed 3–25–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0772; Directorate 

Identifier 2007–SW–053–AD; Amendment 

39–17393; AD 2013–05–21] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Eurocopter France (Eurocopter) Model 

EC130 B4 helicopters with a cabin 

vibration damper installed. This AD 

requires installing a vibration damper 

casing assembly on both sides of the 

helicopter. This AD was prompted by a 

crack and failure of a cabin vibration 

damper blade. The actions of this AD 

are intended to modify the cabin 

vibration damper assembly to prevent 

contact with the flight controls in the 

event of a cabin vibration blade failure, 

jamming of a flight control, and 

subsequent loss of control of the 

helicopter. 

DATES: This AD is effective April 30, 

2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain document listed in this AD 

as of April 30, 2013. 

ADDRESSES: For service information 

identified in this AD, contact American 

Eurocopter Corporation, 2701 N. Forum 

Drive, Grand Prairie, Texas 75052; 

telephone (972) 641–0000 or (800) 232– 

0323; fax (972) 641–3775; or at http:// 

www.eurocopter.com/techpub. 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. 

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, any 

incorporated-by-reference service 

information, the economic evaluation, 

any comments received, and other 

information. The street address for the 

Docket Operations Office (phone: 800– 

647–5527) is U.S. Department of 

Transportation, Docket Operations 

Office, M–30, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Gary 

Roach, Aviation Safety Engineer, 

Regulations and Policy Group, 

Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; email 

gary.b.roach@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On July 26, 2012, at 77 FR 43738, the 

Federal Register published our notice of 

proposed rulemaking (NPRM), which 

proposed to amend 14 CFR part 39 to 

include an AD that would apply to 

Eurocopter Model EC130 B4 helicopters 

with a cabin vibration damper installed, 

except those modified in accordance 

with Modification 073565. That NPRM 

proposed to require installing a 

vibration damper casing assembly on 

both sides of the helicopter. The 

proposed requirements were intended to 

prevent contact with the flight controls 

in the event of a cabin vibration blade 

failure, jamming of a flight control, and 

subsequent loss of control of the 

helicopter. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, issued EASA AD No. 2006–0278, 

dated September 7, 2006 (AD 2006– 

0278), to correct an unsafe condition for 

the Eurocopter Model EC130 B4 

helicopter. EASA advises of a cracked 

cabin vibration damper blade, which 

could lead to jamming of a flight 

control. 

Comments 

We gave the public the opportunity to 

participate in developing this AD, but 

we did not receive any comments on the 

NPRM (77 FR 43738, July 26, 2012). 

FAA’s Determination 

This helicopter has been approved by 

the aviation authority of France and is 

approved for operation in the United 

States. Pursuant to our bilateral 

agreement with France, 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 EASA and determined the 

unsafe condition exists and is likely to 

exist or develop on other helicopters of 

this same type design and that air safety 

and the public interest require adopting 

the AD requirements as proposed. 

Differences Between This AD and the 

EASA AD 

The EASA AD requires two daily 

visual inspections for cracks in the 

blade of each cabin vibration damper 

and replacement of a blade if there is a 

crack; this AD does not. The EASA AD 

requires compliance by a calendar date. 

This AD requires compliance within 

100 hours time-in-service. 

Related Service Information 

Eurocopter has issued Alert Service 

Bulletin (ASB) No. 53A008, Revision 0, 

dated July 19, 2006 (ASB 53A008), 

which supersedes ASB No. 05A002, 

Revision 0, dated July 18, 2006, and 

specifies installing a cabin vibration 

damper containment device. EASA 

classified ASB 53A008 as mandatory 

and issued AD 2006–0278 to ensure the 


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