```

[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Rules and Regulations]               
[Page 50863-50865]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au10-9]                         

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0806; Directorate Identifier 2010-SW-071-AD; 
Amendment 39-16397; AD 2010-15-51]
RIN 2120-AA64

 
Airworthiness Directives; Agusta S.p.A. Model A119 and AW119 MKII 
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 2010-15-51, which was sent 
previously to all known U.S. owners and operators of Agusta S.p.A. 
(Agusta) Model A119 and AW119 MKII helicopters by individual letters. 
This AD requires, within 5 hours time-in-service (TIS), and thereafter 
at intervals not to exceed 50 hours TIS, removing the cover of each 
pilot and co-pilot control box assembly (control box) and inspecting 
each rotary variable differential transformer (RVDT) control gear 
locking pin (locking pin) for proper position. If a locking pin is 
recessed, extended, or missing, this AD requires replacing the control 
box before further flight. This amendment is prompted by a report that 
an RVDT locking pin that was installed on a Model AW119 MKII helicopter 
moved from its proper position, resulting in loss of connectivity of 
the pilot and co-pilot throttle controls. The actions specified by this 
AD are intended to prevent the RVDT locking pin from moving from its 
proper position, which could lead to loss of manual engine throttle 
control, and subsequent loss of control of the helicopter.

DATES: Effective September 2, 2010, to all persons except those persons 
to whom it was made immediately effective by Emergency AD 2010-15-51, 
issued on July 16, 2010, which contained the requirements of this 
amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 2, 2010.
    Comments for inclusion in the Rules Docket must be received on or 
before October 18, 2010.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from 
Agusta, Via Giovanni Agusta, 520 21017 Cascina Costa di Samarate (VA), 
Italy, telephone 39 0331-229111, fax 39 0331-229605/222595, or at 
http:// customersupport.agusta.com/ technical_advice.php.
    Examining the Docket: You may examine the docket that contains the 
AD, any comments, and other information 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 Docket Operations office (telephone (800) 647-5527) is 
located in Room W12-140 on the ground floor of the West Building at the 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Rao Edupuganti, Aviation Safety 
Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group, 
2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-4389, 
fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: On July 16, 2010, we issued Emergency AD 
2010-15-51 for the specified model helicopters, which requires, within 
5 hours TIS, and thereafter at intervals not to exceed 50 hours TIS, 
removing the cover of the pilot and co-pilot control boxes and 
inspecting each RVDT locking pin for proper position. If a locking pin 
is recessed, extended, or missing, the AD requires replacing the 
control box before further flight. That action was prompted by a report 
that an RVDT locking pin that was installed on a Model AW119 MKII 
helicopter moved from its proper position, resulting in loss of 
connectivity of the pilot and co-pilot throttle controls. Investigation 
revealed that the pilot's locking pin had moved from its proper 
position, which resulted in the loss of the co-pilot throttle control. 
This condition, if not detected and corrected, could result in loss of 
manual engine throttle 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 Community, notified us that 
an unsafe condition may exist on Agusta Model A119 and AW119 MKII 
helicopters. EASA advises of a nonconformity of certain control boxes, 
unseating of a locking pin, and loss of the pilot and co-pilot engine 
throttle synchronicity. EASA states this condition, if not detected and 
corrected, could lead to the loss of manual engine throttle control and 
consequent loss of control of the helicopter.
    Agusta has issued Alert Bollettino Tecnico No. 119-39, dated July 
2, 2010 (ABT). The ABT describes procedures for inspecting the pilot 
and co-pilot control box for correct positioning of the locking pin. 
The ABT states that the investigation is still in progress to find a 
solution to the malfunction. The instructions in the ABT are prescribed 
as precautionary pending future corrective action. EASA classified this 
ABT as mandatory and issued Emergency AD 2010-0142-E, dated July 5, 
2010, to ensure the continued airworthiness of these helicopters. This 
AD differs from EASA Emergency AD No. 2010-0142-E in that we use the 
term ``hours time-in-service'' rather than ``flight hours.'' Also, we 
clarify the inspection requirements and do not use the calendar date of 
August 31, 2010 as a required compliance time.
    These helicopter models are manufactured in Italy and are type 
certificated for operation in the United States under the provisions of 
14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the 
applicable bilateral agreement, EASA has kept the FAA informed of the 
situation described. We have examined the findings of EASA, reviewed 
all available information, and determined that AD action is necessary 
for products of these

[[Page 50864]]

type designs that are certificated for operation in the United States.
    Since the unsafe condition described is likely to exist or develop 
on other Agusta Model A119 and AW119 MKII helicopters of the same type 
design, we issued Emergency AD 2010-15-51 to detect a missing or 
improperly fitted RVDT locking pin, which could lead to loss of manual 
engine throttle control, and subsequent loss of control of the 
helicopter. The AD requires, within 5 hours TIS, and thereafter at 
intervals not to exceed 50 hours TIS, removing the cover of the pilot 
and co-pilot control boxes and inspecting the locking pins for proper 
position. If the locking pin is recessed or extended in excess of 2.0 
millimeters from the face of the pin bore, or missing, before further 
flight, replacing the control box with an airworthy control box that 
has been inspected in accordance with paragraph (a) of the AD is 
required. Replacing the control box does not constitute terminating 
action for the inspection requirements of the AD. The actions must be 
accomplished in accordance with specified portions of the ABT described 
previously.
    The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
controllability of the helicopter. The actions previously described are 
required within short compliance times: 5 hours TIS and then at 
intervals not to exceed 50 hours TIS for the initial and repetitive 
inspections and before further flight for any required control box 
replacement; therefore, this AD must be issued immediately.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual letters 
issued on July 16, 2010 to all known U.S. owners and operators of 
Agusta Model A119 and AW119 MKII helicopters. These conditions still 
exist, and the AD is hereby published in the Federal Register as an 
amendment to 14 CFR 39.13 to make it effective to all persons.
    We estimate that this AD will affect 32 helicopters of U.S. 
registry. Each inspection of both control boxes will take 1\1/2\ hours 
and each control box replacement will take approximately 8 work hours 
(2 per helicopter). The average labor rate is $85 per work hour. It 
will cost approximately $12,852 for a pilot control box and $11,768 for 
a co-pilot control box. Based on these figures, we estimate the total 
cost impact of the AD on U.S. operators to be $835,440 ($26,108 per 
helicopter, assuming 1 inspection of each control box and replacing 
both control boxes on each helicopter).

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any written data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2010-0806; Directorate 
Identifier 2010-SW-071-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of the AD. We will consider all 
comments received by the closing date and may amend the AD in light of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact 
with FAA personnel concerning this AD. Using the search function of our 
docket web site, you can find and read the comments to any of our 
dockets, including the name of the individual who sent the comment. You 
may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78).

Regulatory Findings

    We have 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 above, I certify that the 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); and
    3. 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. See the AD docket to examine the economic evaluation.

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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive to 
read as follows:

2010-15-51 Agusta S.p.A.: Amendment 39-16397. Docket No. FAA-2010-
0806; Directorate Identifier 2010-SW-071-AD.

    Applicability: Model A119 and AW119 MKII helicopters, with pilot 
control box assembly (control box), part number (P/N) 109-0010-81-
103, and co-pilot control box, P/N 109-0010-81-107, installed, 
certificated in any category.
    Compliance: Required as indicated.
    To detect a missing, or improperly fitted, engine rotary 
variable differential transformer (RVDT) control gear locking pin 
(locking pin), P/N MS16555-628, which could lead to loss of manual 
engine throttle control, and subsequent loss of control of the 
helicopter, accomplish the following:
    (a) Within 5 hours time-in-service (TIS) unless accomplished 
previously, and thereafter at intervals not to exceed 50 hours TIS, 
remove the cover of the pilot and co-pilot control boxes and inspect 
the locking

[[Page 50865]]

pins for proper position by following the Compliance Instructions, 
Parts I and II, paragraphs 2. through 4.1 for the pilot control box 
and paragraphs 5. through 7.1 for the co-pilot control box, in 
Agusta Alert Bollettino Tecnico No. 119-39, dated July 2, 2010.
    (b) If the locking pin is recessed or extended in excess of 2.0 
millimeters from the face of the pin bore, or missing, before 
further flight, replace the control box with an airworthy control 
box that has been inspected in accordance with paragraph (a) of this 
AD. Replacing the control box does not constitute terminating action 
for the inspection requirements of this AD.
    (c) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Contact the Manager, Safety Management Group, FAA, ATTN: Rao 
Edupuganti, Aviation Safety Engineer, Rotorcraft Directorate, 
Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas 
76137, telephone (817) 222-4389, fax (817) 222-5961, for information 
about previously approved alternative methods of compliance.
    (d) The Joint Aircraft System/Component (JASC) Code is 6700: 
Rotors Flight Control.
    (e) The inspections shall be done in accordance with the 
specified portions of Agusta Alert Bollettino Tecnico No. 119-39, 
dated July 2, 2010. The Director of the Federal Register approved 
this incorporation by reference in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies may be obtained from Agusta, Via Giovanni 
Agusta, 520 21017 Cascina Costa di Samarate (VA), Italy, telephone 
39 0331-229111, fax 39 0331-229605/222595, or at http://customersupport.agusta.com/technical_advice.php. Copies may be 
inspected at the FAA, Office of the Regional Counsel, Southwest 
Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas or 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/code_of_federal_regulations/ibr_locations.html.
    (f) This amendment becomes effective on September 2, 2010, to 
all persons except those persons to whom it was made immediately 
effective by Emergency AD 2010-15-51, issued July 16, 2010, which 
contained the requirements of this amendment.

    Note: The subject of this AD is addressed in European Aviation 
Safety Agency AD 2010-0142-E, dated July 5, 2010.

    Issued in Fort Worth, Texas, on August 4, 2010.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-19816 Filed 8-17-10; 8:45 am]
BILLING CODE 4910-13-P
```