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[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Rules and Regulations]
[Pages 60186-60188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23578]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0640; Directorate Identifier 2013-SW-016-AD; 
Amendment 39-17517; AD 2013-15-01]
RIN 2120-AA64

Airworthiness Directives; AgustaWestland S.p.A. (Agusta) 
Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta 
Model AB139 and AW139 helicopters. This AD requires deactivating the 
Full Icing Protection System (FIPS) and installing a placard next to 
the FIPS controller stating that flight into known icing is prohibited. 
This AD is prompted by a report of a fire in the aft avionics bay and 
the baggage compartment resulting from an Auto Transformer Rectifier 
Unit internal circuit overload. These actions are intended to prevent a 
fire, structural damage, and subsequent loss of control of the 
helicopter.

DATES: This AD becomes effective October 16, 2013.
    We must receive comments on this AD by December 2, 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 AD, the European Aviation Safety 
Agency (EASA) AD, the economic evaluation, any comments received, and 
other information. The

[[Page 60187]]

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 AD, contact 
AgustaWestland, 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: Andy Shaw, Aviation Safety Engineer, 
Safety Management Group, Rotorcraft Directorate, FAA, 2601 Meacham 
Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email 
andy.shaw@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments prior to it becoming effective. However, 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 resulted 
from adopting this AD. The most helpful comments reference a specific 
portion of the AD, 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 them 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 rulemaking during the 
comment period. We will consider all the comments we receive and may 
conduct additional rulemaking based on those comments.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD No. 2013-0124, dated June 5, 2013, 
which supersedes EASA AD No. 2013-0090, dated April 11, 2013, to 
correct an unsafe condition for the Agusta Model AB139 and AW139 
helicopters. EASA advises of arcing inside some components of the FIPS. 
EASA states that the subsequent investigation indicated that improper 
insulation of one of the main rotor electrical cables was the likely 
cause for this arcing. EASA also states that this condition, if not 
detected and corrected, could lead to other events of arcing, possibly 
resulting in fire and consequent damage to the helicopter and injury to 
occupants. EASA AD No. 2013-0124 requires a one-time inspection and 
insulation test of the rotor blade electrical cables, and depending on 
findings, applicable corrective actions. Alternatively, EASA AD No. 
2013-0124 allows de-activating the FIPS. Lastly, EASA AD No. 2013-0124 
requires replacing the tail rotor distributor with an improved part. 
EASA states that its AD is considered an interim action and further AD 
action may follow.

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.

Related Service Information

    Agusta issued Bollettino Tecnico No. 139-324, dated April 9, 2013 
(BT 139-324), which specifies inspecting the main rotor and tail rotor 
FIPS cables to ensure proper integrity of all wires of the cable 
assemblies in the area of their interface connectors. Depending on the 
findings, the BT also specifies applicable corrective actions.
    Agusta revised BT 139-324 and issued Revision A on June 4, 2013, to 
clarify certain inspection procedures of the main rotor FIPS cables, 
remove the inspection of the tail rotor FIPS cables, and remove the 
insulation resistance check for tail rotor blade cables. Agusta issued 
Bollettino Tecnico No. 139-330, dated June 4, 2013 (BT 139-330), which 
specifies replacing the FIPS tail rotor distributor with an upgraded 
tail rotor distributor designed to increase the dielectric strength.

AD Requirements

    This AD requires, before further flight, deactivating the FIPS and 
installing a placard next to the FIPS controller stating that flight 
into known icing is prohibited.

Differences Between This AD and the EASA AD

    The EASA AD requires following the BT 139-324 by inspecting the 
rotor blade FIPS cables for damage and condition and performing an 
insulation test on the cable to ensure proper integrity of all wires of 
the cable assemblies in the area of their interface connectors. The FAA 
AD prohibits operation into known icing by deactivating the FIPS and 
installing a placard next to the FIPS controller stating that flight 
into known icing is prohibited. The EASA AD also requires modifying the 
tail rotor distributor in accordance with BT 139-330; the FAA AD does 
not.

Interim Action

    We consider this AD to be an interim action. Once a modification to 
the FIPS design is evaluated, approved, and available, we might 
consider additional rulemaking.

Costs of Compliance

    We estimate that this AD will affect 73 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 1 work-hour to 
deactivate the system and install a placard at $85 per work-hour. We 
estimate the total cost for the U.S. fleet to be $6,205.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting 
these AD requirements would delay implementing the safety actions 
needed to correct this known unsafe condition. Therefore, we find that 
the risk to the flying public justifies waiving notice and comment 
prior to adopting this rule because the required corrective actions 
must be accomplished before further flight. A system that can 
malfunction and cause a fire in an area that is not accessible while in 
flight rises to the level of an unsafe condition that the comment 
period should be postponed.
    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we determined that notice an opportunity for 
public comment before issuing this AD are impracticable and contrary to 
the public interest and that good cause exists for making this 
amendment effective in less than 30 days.

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

[[Page 60188]]

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 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, 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):

2013-15-01 AGUSTAWESTLAND S.p.A.: Amendment 39-17517; Docket No. 
FAA-2013-0640; Directorate Identifier 2013-SW-016-AD.

(a) Applicability

    This AD applies to Model AB139 and AW139 helicopters with a Full 
Icing Protection System (FIPS) installed, certificated in any 
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as improper insulation of 
an electrical cable resulting in failure of the FIPS Auto 
Transformer Rectifier Unit to contain the internal circuit overload. 
This condition could result in a fire, structural damage, and 
subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective October 16, 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

    Before further flight, deactivate the FIPS, and install a 
placard with 6 millimeter red letters on a white background next to 
the FIPS controller that states the following:
    ``FLIGHT INTO KNOWN ICING IS PROHIBITED.''

(f) Special Flight Permits

    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: Andy Shaw, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601 
Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; 
email andy.shaw@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) AgustaWestland Bollettino Tecnico (BT) No. 139-324, Revision 
A, dated June 4, 2013, and AgustaWestland BT No. 139-330, dated June 
4, 2013, which are not incorporated by reference, contain additional 
information about the subject of this AD. For service information 
identified in this AD, contact AgustaWestland, 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 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 European Aviation 
Safety Agency (EASA) AD No. 2013-0124, dated June 5, 2013. You may 
view the EASA AD on the Internet at http://www.regulations.gov in 
Docket No. FAA-2013-0640.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 3060 Ice 
Protection.

    Issued in Fort Worth, Texas, on July 11, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-23578 Filed 9-30-13; 8:45 am]
BILLING CODE 4910-13-P
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