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[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Rules and Regulations]
[Pages 5257-5259]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01953]

[[Page 5257]]

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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; 
Amendment 39-17736; AD 2014-02-08]
RIN 2120-AA64

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Agusta Model A109C, A109E, A109S, A109K2, and AW109SP helicopters. This 
AD requires 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 AD was prompted by reports of 
loosening T/R locking nuts. The actions of this AD are intended to 
prevent failure of the T/R and subsequent loss of control of the 
helicopter.

DATES: This AD is effective March 7, 2014.

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/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.

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 European Aviation Safety 
Agency (EASA) AD, 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: 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: 

Discussion

    On June 5, 2013, at 78 FR 33768, the Federal Register published our 
notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR 
part 39 to add an AD that would apply 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. The NPRM proposed to require 
repetitively inspecting the lock wires that secure the T/R locking nut 
to the housing to determine whether both wires are present and not 
damaged. If only one wire is installed and it is not damaged, the NPRM 
proposed installing a second lock wire. If one or both lock wires are 
installed and either one or both are damaged, the NPRM proposed 
removing and reassembling the housing and slider group of the T/R 
rotating controls. The NPRM further proposed removing and reassembling 
the housing and slider group of the T/R rotating controls within 100 
hours time-in-service (TIS) if not accomplished as a result of the 
inspections. 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, was proposed as terminating action for the 
repetitive inspections. The proposed requirements were intended to 
prevent failure of the T/R and subsequent loss of control of the 
helicopter.
    The NPRM was prompted by AD No. 2012-0195-E, dated September 24, 
2012, and corrected September 25, 2012 (AD 2012-0195-E), issued by 
EASA, which is the Technical Agent for the Member States of the 
European Union. EASA issued AD 2012-0195-E to correct an unsafe 
condition for certain Agusta Model A109E, A109LUH, A109S, AW109SP, 
A109C, and A109K2 helicopters. EASA advised that they 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, which could lead to 
failure of the T/R function and subsequent loss of control of the 
helicopter. AD 2012-0195-E requires repetitively inspecting the lock 
wires which secure the T/R locking nut for missing and damaged lock 
wires, and removing and reassembling the housing and slider group of 
the T/R rotating controls, which is terminating action for the 
repetitive inspections.

Comments

    After our NPRM (78 FR 33768, June 5, 2013) was published, we 
received comments from one commenter.

Request

    One commenter requested we include a statement that previous 
compliance with the applicable Agusta Bollettino Tecnico (BT) fulfills 
the requirements of the AD. We disagree that such a statement is 
necessary. Paragraph (d) of the AD states you are responsible for 
performing each AD action unless it has already been accomplished. This 
would include previous compliance with the portions of the service 
information that are consistent with the requirements of the AD.
    The commenter also requested that we include a statement that the 
removal, disassembly, reassembly, and reinstallation of the T/R housing 
and slider group is to be accomplished in accordance with the pertinent 
part of the Agusta BT, as this would clarify the scope and detail of 
work required. We disagree. First, such a statement is not necessary, 
as the Agusta BT does not provide a greater level of scope and detail 
of work required. The BT only states that removal, disassembly, 
reassembly, and reinstallation is to be accomplished in accordance with 
the appropriate maintenance manual. Second, such a statement would not 
be appropriate because the Agusta BT is only one method of compliance 
for this AD. An operator may comply using other methods as long as all 
work is done in a manner acceptable to the FAA.

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, reviewed the relevant information, considered the comments 
received, and determined the unsafe condition exists and is likely to 
exist or develop on other helicopters of these same type designs and 
that air

[[Page 5258]]

safety and the public interest require adopting the AD requirements as 
proposed, except we are including an additional reference for the 
actions constituting terminating action for the AD. This change will 
neither increase the economic burden on any operator nor increase the 
scope of the AD.

Differences Between This AD and the EASA AD

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

Related Service Information

    Agusta has published 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.

Costs of Compliance

    We estimate that this AD affects 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 are 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 will 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 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

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):

2014-02-08 Agusta S.p.A. Helicopters (Type Certificate currently 
held by AgustaWestland S.p.A.) (Agusta): Amendment 39-17736; 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) Effective Date

    This AD becomes effective March 7, 2014.

(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 paragraph (e)(1)(ii), 
(e)(2), or (e)(3) 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

[[Page 5259]]

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 (EASA) AD No. 2012-0195-E, dated September 24, 2012, 
and corrected September 25, 2012. You may view the EASA AD on the 
internet in the Docket No. FAA-2013-0478 at http://www.regulations.gov.

(i) Subject

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

    Issued in Fort Worth, Texas, on January 16, 2014.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft 
Certification Service.
[FR Doc. 2014-01953 Filed 1-30-14; 8:45 am]
BILLING CODE 4910-13-P
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