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[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Rules and Regulations]
[Pages 63374-63376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21707]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3781; Directorate Identifier 2015-SW-048-AD; 
Amendment 39-18649; AD 2016-18-18]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta 
S.p.A. (Agusta) Model A109A, A109A II, A109C, A109E, A109K2, A109S, and 
AW109SP helicopters. This AD requires visually inspecting the tail 
rotor drive shaft assembly (drive shaft) for a crack. This AD was 
prompted by the discovery of three cracks on the drive shaft of a Model 
A109S helicopter. The actions of this AD are intended to detect a crack 
on the drive shaft to prevent failure of the driveshaft, failure of the 
tail rotor, and subsequent loss of helicopter control.

DATES: This AD is effective October 20, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of October 20, 
2016.

ADDRESSES: For service information identified in this final rule, 
contact AgustaWestland, Product Support Engineering, Via del Gregge, 
100, 21015 Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; 
telephone 39-0331-664757; fax 39-0331-664680; or at http://www.agustawestland.com/technical-bulletins. You may review the 
referenced service information at the FAA, Office of the Regional 
Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort 
Worth, TX 76177. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3781.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3781; 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, 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: Martin R. Crane, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 
Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; email 
martin.r.crane@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    On March 22, 2016, at 81 FR 15171, the Federal Register published 
our notice of proposed rulemaking (NPRM), which proposed to amend 14 
CFR part 39 by adding an AD that would apply to Agusta S.p.A. Model 
A109A, A109A II, A109C, A109E, A109K2, A109S, and AW109SP helicopters 
with a drive shaft part number (P/N) 109-8412-02-1 or 109-8412-02-3 
installed. The NPRM proposed to require visually inspecting the drive 
shaft for a crack. The proposed requirements were intended to detect a 
crack on the drive shaft to prevent failure of the driveshaft, failure 
of the tail rotor, and subsequent loss of helicopter control.
    The NPRM was prompted by AD No. 2015-0054, dated March 27, 2015, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union, to correct an unsafe condition for the Model A109A 
with retrofit kit P/N 109-0820-27-101 installed, and Model A109A II, 
A109C, A109E, A109K2, A109LUH, A109S, and AW109SP helicopters.
    EASA advises that during scheduled maintenance on a Model A109S 
helicopter, three cracks were found on the drive shaft. An 
investigation could not determine the cause of the cracking but 
concluded it could not have been caused by fatigue. This condition, if 
not detected and corrected, could lead to tail rotor failure, possibly 
resulting in loss of helicopter control, EASA advises. EASA AD No. 
2015-0054 consequently requires a one-time inspection of the drive 
shaft, and replacing the drive shaft if cracks are found.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we received no comments on the NPRM (81 FR 15171, March 
22, 2016).

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.

Interim Action

    We consider this AD to be an interim action. The design approval 
holder has not determined the cause of the unsafe

[[Page 63375]]

condition identified in this AD. If a cause is determined and actions 
developed to address the cause, we might consider additional 
rulemaking.

Differences Between This AD and the EASA AD

    The EASA AD applies to Agusta Model A109LUH helicopters. This AD 
does not because this model does not have an FAA type certificate.

Related Service Information Under 1 CFR Part 51

    We reviewed AgustaWestland Bollettino Tecnico (BT) No. 109-147 for 
Model A109A helicopters with retrofit kit P/N 109-0820-27-101 
installed, Model A109A II, and Model A109C helicopters; BT No. 109EP-
143 for Model A109E helicopters; BT No. 109K-68 for Model A109K2 
helicopters; BT No. 109S-067 for Model A109S helicopters; and BT No. 
109SP-094 for Model AW109SP helicopters. All of the BTs are dated March 
25, 2015. AgustaWestland reports that during a scheduled servicing of 
an A109S helicopter, three cracks were found on drive shaft, P/N 109-
8412-02-1. The BTs prescribe a one-time drive shaft inspection for 
cracks.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 142 helicopters of U.S. Registry 
and that labor costs average $85 per work-hour. Based on these 
estimates, we expect the following costs:
     Inspecting the drive shaft requires 9 work-hours and no 
parts. The estimated cost is $765 per helicopter and $108,630 for the 
U.S. fleet.
     Replacing the drive shaft requires no additional labor 
hours. Parts cost $6,082 per helicopter.
    According to 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

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):

2016-18-18 Agusta S.p.A.: Amendment 39-18649; Docket No. FAA-2015-
3781; Directorate Identifier 2015-SW-048-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. Model A109A, A109A II, A109C, 
A109E, A109K2, A109S, and AW109SP helicopters with a tail rotor 
drive shaft assembly (drive shaft) part number 109-8412-02-1 or 109-
8412-02-3 installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a drive 
shaft. This condition could result in failure of a drive shaft, 
failure of the tail rotor, and subsequent loss of helicopter 
control.

(c) Effective Date

    This AD becomes October 20, 2016.

(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

    Within 50 hours time-in-service:
    (1) Visually inspect each drive shaft in accordance with the 
Compliance Instructions, paragraph 4, of AgustaWestland Bollettino 
Tecnico (BT) No. 109-147, dated March 25, 2015; BT No. 109EP-143, 
dated March 25, 2015; BT No. 109K-68, dated March 25, 2015; BT No. 
109S-067, dated March 25, 2015; or BT No. 109SP-094, dated March 25, 
2015, as applicable for your model helicopter.
    (2) If there is a crack, replace the drive shaft before further 
flight.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Martin R. Crane, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 
10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; 
email 9-ASW-FTW-AMOC-Requests@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 (EASA) AD No. 2015-0054, dated March 27, 2015. You may view 
the EASA AD on the Internet at http://www.regulations.gov by 
searching for and locating it in Docket No. FAA-2015-3781.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6510, Tail Rotor 
Drive Shaft.

[[Page 63376]]

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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) AgustaWestland Bollettino Tecnico No. 109-147, dated March 
25, 2015.
    (ii) AgustaWestland Bollettino Tecnico No. 109EP-143, dated 
March 25, 2015.
    (iii) AgustaWestland Bollettino Tecnico No. 109K-68, dated March 
25, 2015.
    (iv) AgustaWestland Bollettino Tecnico No. 109S-067, dated March 
25, 2015.
    (v) AgustaWestland Bollettino TecnicoNo. 109SP-094, dated March 
25, 2015.
    (3) For Agusta S.p.A. service information identified in this 
final rule, contact AgustaWestland, Product Support Engineering, Via 
del Gregge, 100, 21015 Lonate Pozzolo (VA) Italy, ATTN: Maurizio 
D'Angelo; telephone 39-0331-664757; fax 39-0331-664680; or at http://www.agustawestland.com/technical-bulletins.
    (4) You may view this service information at FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference 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 September 1, 2016.
Lance T. Gant,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-21707 Filed 9-14-16; 8:45 am]
 BILLING CODE 4910-13-P
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