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[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Proposed Rules]
[Pages 33768-33770]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13293]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0478; Directorate Identifier 2012-SW-092-AD]
RIN 2120-AA64

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Agusta Model A109C, A109E, A109S, A109K2, and AW109SP 
helicopters. This proposed AD would require inspecting the lock wires 
securing the tail rotor (T/R) duplex bearing locking nut (locking nut) 
to determine whether any lock wires are missing or damaged. This 
proposed AD is prompted by reports of loosening T/R locking nuts, which 
if not corrected, could result in failure of the T/R and subsequent 
loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by August 5, 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 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: Robert Grant, Aviation Safety 
Engineer, Safety Management Group, FAA, 2601 Meacham Blvd., Fort Worth, 
Texas 76137; telephone 817-222-5110; email robert.grant@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

[[Page 33769]]

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 AD 
No. 2012-0195-E, dated September 24, 2012, and corrected September 25, 
2012 (AD 2012-0195-E), to correct an unsafe condition for certain 
Agusta Model A109E, A109LUH, A109S, AW109SP, A109C, and A109K2 
helicopters. EASA advises that they have received reports of the T/R 
locking nut, part number (P/N) 109-0130-97, loosening on A109 
helicopters. According to EASA, an investigation revealed that, in 
every occurrence, one or both of the lock wires securing the locking 
nut were either damaged or absent from the T/R. EASA states that this 
condition, if not detected and corrected, could lead to failure of the 
T/R function and subsequent loss of control of the helicopter. The EASA 
AD requires repetitively inspecting the lock wires which secure the T/R 
locking nut for missing and damaged lock wires. The EASA AD also 
requires removing and reassembling the housing and slider group of the 
T/R rotating controls, which is terminating action for the repetitive 
inspections.

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 the same type design.

Related Service Information

    Agusta has published Bollettino Tecnico (BT) No. 109-134 for Model 
A109C helicopters, BT No. 109EP-121 for Model A109E helicopters, BT No. 
109S-48 for Model A109S helicopters, BT No. 109K-54 for Model A109K2 
helicopters, and BT No. 109SP-051 for Model AW109SP helicopters. All of 
the BTs are dated September 21, 2012. The BTs specify procedures for 
inspecting the lock wires of the T/R locking nut and for removing and 
reassembling the housing and slider group of the T/R rotating controls.

Proposed AD Requirements

    This proposed AD would require:
     Within 5 hours time-in-service (TIS) inspecting both lock 
wires which secure the T/R locking nut to the housing to determine that 
both wires are present and not damaged. If only one wire is installed 
and it is not damaged, before further flight, installing a second lock 
wire. If one or both lock wires are installed, and either one or both 
are damaged, before further flight, removing and reassembling the 
housing and slider group of the T/R rotating controls.
     Within 25 hours TIS from the initial inspection, and 
thereafter at intervals not exceeding 25 hours TIS, inspecting both 
lock wires to determine that both wires are present and not damaged. If 
one or both lock wires are installed, and either one or both are 
damaged, before further flight, removing and reassembling the housing 
and slider group of the T/R rotating controls.
     Within 100 hours TIS, removing and reassembling the 
housing and slider group of the T/R rotating controls.
     Removing and reassembling the housing and slider group of 
the T/R rotating controls, either within 100 hours TIS or because a 
lock wire is damaged, is terminating action for the repetitive 
inspections.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires reassembling the housing and slider group 
within 100 flight hours or 7 months, while the proposed AD would 
require this action within 100 hours TIS.

Costs of Compliance

    We estimate that this proposed AD would affect 146 helicopters of 
U.S. Registry. We estimate that operators may incur the following costs 
in order to comply with this AD. Based on an average labor rate of $85 
per hour, inspecting the lock wire will require about 0.25 work-hour, 
for a cost per helicopter of $22 and a total cost to U.S. operators of 
$3,212 per inspection cycle. If necessary, installing a lock wire will 
require about 0.25 work-hour and the required parts cost would be 
negligible, for a cost per helicopter of $22 and a total cost to U.S. 
operators of $3,212. Removing and reassembling the housing and slider 
group of the T/R rotating controls would require about 8 work-hours, 
for a cost per helicopter of $680 and a total cost to U.S. operators of 
$99,280.

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.

[[Page 33770]]

    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 adding the following new airworthiness 
directive (AD):

Agusta S.P.A. Helicopters (Type Certificate Currently Held by 
Agustawestland S.P.A.) (AGUSTA): Docket No. FAA-2013-0478; 
Directorate Identifier 2012-SW-092-AD.

(a) Applicability

    This AD applies to Agusta Model A109C, A109S, and A109K2 
helicopters, all serial numbers; Model A109E helicopters, serial 
number (S/N) 11002 through 11807 except S/N 11796; and Model AW109SP 
helicopters, S/N 22202 through 22278, except S/N 22239, 22264, 
22266, 22272, 22273, 22275, and 22277, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a missing or broken lock 
wire securing the tail rotor (T/R) duplex bearing locking nut 
(locking nut). This condition could result in loosening of the 
locking nut, failure of the T/R, and subsequent loss of control of 
the helicopter.

(c) Comments Due Date

    We must receive comments by August 5, 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) Within 5 hours time-in-service (TIS), inspect each lock wire 
securing the T/R locking nut to the housing.
    (i) If only one lock wire is installed and it is not damaged, 
before further flight, install a second lock wire.
    (ii) If one or both lock wires are installed, and either one or 
both are damaged, before further flight, remove and reassemble the 
housing and slider group of the T/R rotating controls.
    (2) Within 25 hours TIS from the inspection required by 
paragraph (e)(1) of this AD, and thereafter at intervals not 
exceeding 25 hours TIS, inspect the lock wires which secure the T/R 
locking nut to the housing. If either lock wire is missing or 
damaged, before further flight, remove and reassemble the housing 
and slider group of the T/R rotating controls.
    (3) Within 100 hours TIS, remove and reassemble the housing and 
slider group of the T/R rotating controls.
    (4) Removing and reassembling the housing and slider group of 
the T/R rotating controls as required by either paragraph (e)(1)(ii) 
or (e)(2) is terminating action for this AD.

(f) Special flight permit

    Special flight permits are prohibited.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Robert Grant, Aviation Safety 
Engineer, Safety Management Group, FAA, 2601 Meacham Blvd., Fort 
Worth, Texas 76137; telephone 817-222-5110; email 
robert.grant@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

    (1) Agusta Bollettino Tecnico (BT) No. 109-134 for Model A109C 
helicopters, BT No. 109EP-121 for Model A109E helicopters, BT No. 
109S-48 for Model A109S helicopters, BT No. 109K-54 for Model A109K2 
helicopters, and BT No. 109SP-051 for Model AW109SP helicopters, all 
dated September 21, 2012, which are not incorporated by reference, 
contain additional information about the subject of this AD. 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.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency AD No. 2012-0195-E, dated September 24, 2012, and 
corrected September 25, 2012.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6400: Tail Rotor 
System.

    Issued in Fort Worth, Texas, on May 28, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-13293 Filed 6-4-13; 8:45 am]
BILLING CODE 4910-13-P
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