[Federal Register Volume 75, Number 14 (Friday, January 22, 2010)]
[Rules and Regulations]
[Pages 3615-3617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1159]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Rules 
and Regulations

[[Page 3615]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1125; Directorate Identifier 2009-SW-50-AD; 
Amendment 39-16129; AD 2009-19-51]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. (Agusta) Model AB139 and 
AW139 Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 2009-19-51, which was sent 
previously to all known U.S. owners and operators of the Agusta Model 
AB139 and AW139 helicopters by individual letters. This AD requires 
inspecting the tail panels for debonding and, if the debonding area 
exceeds a certain limit, repairing the tailboom. This AD results from a 
mandatory continuing airworthiness information (MCAI) AD issued by the 
European Aviation Safety Agency (EASA), which is the Technical Agent 
for the Member States of the European Community. The MCAI AD states 
that while taxiing, the tailboom of a Model AW139 helicopter bent and 
collapsed. Also, EASA had received previous reports of evidence of 
debonding on some tailboom panels of the specified Agusta model 
helicopters. This condition, if not corrected, could result in failure 
of a tailboom and subsequent loss of control of the helicopter.

DATES: Effective on February 8, 2010, to all persons except those 
persons to whom it was made immediately effective by Emergency AD 2009-
19-51, issued on September 16, 2009, which contained the requirements 
of this amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before March 23, 2010.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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: DOT/FAA Southwest Region, Sharon 
Miles, ASW-111, Aviation Safety Engineer, Rotorcraft Directorate, 
Regulations and Guidance Group, 2601 Meacham Blvd., Fort Worth, Texas 
76137, telephone (817) 222-5122, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: On September 16, 2009, we issued Emergency 
AD 2009-19-51 to all known U.S. owners and operators of the Agusta 
Model AB139 and AW139 helicopters by individual letters. The AD 
requires inspecting the tail panels for debonding and, if the debonding 
area exceeds a certain limit repairing the tailboom. That action was 
prompted by the tailboom of a Model AW139 helicopter bending and 
collapsing during taxiing. That condition, if not corrected, could 
result in failure of a tailboom and subsequent loss of control of the 
helicopter.
    The FAA has reviewed Agusta Alert Bollettino Tecnico (ABT) Nos. 
139-193 and 139-194, both dated September 3, 2009. These ABTs refer to 
the aircraft maintenance publications for inspecting the affected tail 
panels for signs of debonding. If you find evidence of debonding, the 
ABTs also advise you to contact the manufacturer for repair 
instructions.
    EASA has issued AD No. 2009-0198-E, dated September 4, 2009, which 
supersedes EASA AD No. 2008-0157, dated August 13, 2008, to correct an 
unsafe condition for the specified model helicopters. The latest EASA 
AD requires repetitive inspections of the tailboom panels at closer 
intervals. In case of debonding, the EASA AD requires you to mark the 
debonded areas for identification, contact the manufacturer for 
instructions, and follow their corrective actions.
    These helicopter models 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, their technical 
agent, has notified us of the unsafe condition described in the MCAI 
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.
    Since the unsafe condition described is likely to exist or develop 
on other Agusta Model AB139 and AW139 helicopters of these same type 
designs, the FAA issued Emergency AD 2009-19-51 to prevent failure of a 
tailboom and subsequent loss of control of a helicopter. The short 
compliance time involved is required because the previously described 
critical unsafe condition can adversely affect the structural integrity 
and the controllability of the helicopter. Therefore, inspecting the 
tail panels for debonding within 50 hours time-in-service (TIS) for 
certain serial-numbered

[[Page 3616]]

helicopters and within 25 hours TIS or 30 days, whichever occurs first, 
for certain other serial-numbered helicopters and removing the strake 
if you find bond separation are required before further flight. Also, 
this AD requires measuring the debonded area and repairing the 
tailboom, before further flight, if the debonded area exceeds the 
required measurement before further flight. 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 September 16, 2009, to all known U.S. owners and operators of 
Agusta Model AB139 and AW139 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 with two minor 
changes. The Emergency AD contained two paragraph (e)'s; therefore, we 
have changed the Joint Aircraft System/Component (JASC) Code paragraph 
to paragraph (f) of this AD. Also, the aluminum hammer part number (P/
N) was incorrectly stated as P/N 109-3101-58-1 in the Emergency AD and 
should be P/N 109-3101-58-2. Hammer, P/N 109-3101-58-1, is a steel 
hammer. We have made that correction in this AD. However, for purposes 
of this AD, the use of either the steel hammer or the aluminum hammer 
is acceptable. We have also changed Note 1 of the AD to clarify that 
the ABTs are guidance for accomplishing the AD requirements. We have 
determined that these changes will neither increase the economic burden 
on any operator nor increase the scope of the AD.
    This AD differs from the MCAI AD in that we refer to flight hours 
as hours TIS. Also, we do not require you to contact the manufacturer 
nor do we reference their ABT, which references the maintenance manual. 
We have also inserted the inspection requirements and the debonding 
limits in this AD which are consistent with those in the maintenance 
manual.
    We estimate that this AD will affect about 7 helicopters. We also 
estimate that it will take about 2 work-hours per helicopter to inspect 
the tail panels for debonding. The average labor rate is $80 per work-
hour. The parts cost is minimal. Based on these figures, we estimate 
that the cost of this AD on U.S. operators will be $1,120, assuming no 
tailboom needs repair.

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-2009-1125; Directorate 
Identifier 2009-SW-50-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 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.
    Therefore, I certify this AD:
    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 and placed it in the AD docket.

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 product(s) identified in this 
rulemaking action.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
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 AD:

2009-19-51 Agusta S.p.A.: Amendment 39-16129; Docket No. FAA-2009-
1125; Directorate Identifier 2009-SW-50-AD.

Applicability

    This AD applies to Model AB139 and AW139 helicopters, 
certificated in any category.

Compliance

    Required as indicated.
    To prevent failure of a tailboom and subsequent loss of control 
of the helicopter, do the following:
    (a) Using the large end of the head of an aluminum hammer, part 
number 109-3101-58-2 (GF-06-00), tap inspect the full skin surface 
of the tailboom between Stations 8700 and 11019.5 for a hollow or 
dull sound, which will indicate a bond separation or debond area. Do 
the inspections at the following intervals:
    (1) For helicopters, serial number (S/N) 31006, 31020, 31022, 
31042, 31136, 31157, and 31248, within 5-hours time-in-service 
(TIS), unless done previously, and thereafter at intervals not to 
exceed 50-hours TIS.

    Note 1:  Agusta Alert Bollettino Tecnico Nos. 139-193, and 139-
194, both dated September 3, 2009 (ABTs), contain guidance on 
accomplishing the required actions of this AD. Following the 
Compliance Instructions in the ABTs accomplishes the requirements of 
this AD.

    (2) For all helicopters, except S/N 31006, 31020, 31022, 31042, 
31136, 31157, and

[[Page 3617]]

31248, within 25-hours TIS or 30 days, whichever occurs first, 
unless done previously, and thereafter at intervals not to exceed 
50-hours TIS.
    (b) If you find any bond separation, use the small end of the 
head of the hammer to identify the edges of the debonded area. If 
the debonded area goes beyond the strake, remove the strake. Using a 
marking pen or chalk, mark the edge of the debonded area.
    (1) Measure the surface area of each debonded area, the distance 
between the edges of the debonded areas, and the distance of the 
edge of each debonded area from the edge of the bond joint.
    (2) Before further flight, repair the tailboom using FAA-
approved data and procedures if:
    (i) The debonded area exceeds 320 mm\2\ (0.5 in\2\),
    (ii) The distance between the edges of any two debonded areas is 
less than or equal to three times the largest debond dimension of 
the two debonded areas measured on a line between the centers of the 
two debonded areas, or
    (iii) The edge of any debonded area is less than 3 mm (0.118 in) 
from the edge of the panel bond joint.
    (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, ATTN: DOT/FAA 
Southwest Region, Sharon Miles, ASW-111, Aviation Safety Engineer, 
Rotorcraft Directorate, Regulations and Guidance Group, 2601 Meacham 
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5122, fax (817) 
222-5961, for information about previously approved alternative 
methods of compliance.
    (d) Special flight permits will not be issued.
    (e) Copies of the applicable service information 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.
    (f) The JASC Code for this part is Code 5302: Rotorcraft 
Tailboom.

    Note 2:  The subject of this AD is addressed in European 
Aviation Safety Agency AD No. 2009-0198-E, dated September 4, 2009.

    (g) This amendment becomes effective on February 8, 2010, to all 
persons except those persons to whom it was made immediately 
effective by Emergency AD 2009-19-51, issued September 16, 2009, 
which contained the requirements of this amendment.

    Issued in Fort Worth, Texas, on January 11, 2010.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-1159 Filed 1-21-10; 8:45 am]
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