[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Rules and Regulations]
[Pages 67015-67017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26048]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0529; Directorate Identifier 2011-SW-050-AD;
Amendment 39-17648; AD 2013-22-16]
RIN 2120-AA64
Airworthiness Directives; Agusta S.p.A. (Type Certificate
Currently Held by Agusta Westland) Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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[[Page 67016]]
SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Agusta S.p.A. (Agusta) Model AW139 helicopters. This AD requires
replacing certain solder splices in the co-pilot audio system. This AD
was prompted by the discovery of improper installation of solder
splices on the co-pilot audio system causing intermittent noise through
the audio system during flight. The actions of this AD are intended to
prevent degradation and complete loss of communications between the
pilot and co-pilot during flight, impairing the co-pilot's capability
to react immediately to operational difficulties, which could lead to
subsequent loss of control of the helicopter.
DATES: This AD is effective December 13, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of December 13,
2013.
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, 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: John VanHoudt, Aerospace Engineer,
FAA, Rotorcraft Directorate, Regulations and Policy Group, 2601 Meacham
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5110, email
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
On May 22, 2012, at 77 FR 30236, 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 certain Agusta AW139
helicopters. The NPRM proposed to require within 500 hours time-in-
service (TIS) or six months or when an ``AVIONICS FAULT'' crew alerting
system (CAS) message is displayed, whichever occurs first, replacing
all solder splices in the co-pilot audio system. The proposed
requirements were intended to prevent degradation and complete loss of
communications between the pilot and co-pilot during flight, impairing
the co-pilot's capability to react immediately to operational
difficulties, which could lead to subsequent loss of control of the
helicopter.
The NPRM was prompted by AD No. 2011-0140, dated July 20, 2011,
issued by EASA, which is the Technical Agent for the Member States of
the European Union. EASA issued AD No. 2011-0140 to correct an unsafe
condition for certain Agusta AW139 helicopters. EASA advises that some
occurrences of intermittent noise in the co-pilot audio system have
been reported. The technical investigation carried out by Agusta showed
that some of the solder splices on the audio panel were the possible
cause of these malfunctions. This condition, if not detected and
corrected, could impair the co-pilot's capability to react immediately
to operational difficulties. The EASA AD requires inspecting the solder
splices and related wires for their condition and for proper
installation, and if required, replacing the solder splices.
Comments
After our NPRM (77 FR 30236, May 22, 2012) was published, we
received comments from four commenters.
Request
One commenter requested we include a statement that previous
compliance with Agusta Bollettino Tecnico No. 139-249 fulfills the
requirements of the proposed AD. We disagree that compliance with this
service information will always fulfill the requirements of this AD.
The service information only requires the replacement of damaged
splices, while this AD requires the replacement of all solder splices.
We have made a minor change to the language of paragraph (e) to clarify
this requirement.
Three commenters expressed support for proposed changes to the
living history flight experience regulations. These comments appear to
have been posted in error in this docket as they are not relevant to
the NPRM (77 FR 30236, May 22, 2012).
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 safety and the public interest require adopting the AD
requirements as proposed except for minor editorial changes in
paragraph (e) to clarify the intent of that paragraph. These minor
editorial changes are consistent with the intent of the proposals in
the NPRM (77 FR 30236, May 22, 2012) and will not 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 performing a visual inspection and manual
pull-test of the solder splices, while this AD does not. The EASA AD
requires that damaged or defective splices be replaced, while this AD
requires the replacement of all splices with a part number listed in
the service information. The EASA AD requires compliance within 600
flight hours or 6 months, while this AD requires compliance within 500
hours TIS or 5 months.
Related Service Information
Agusta has issued Bollettino Tecnico (BT) No. 139-249, dated July
13, 2011 (BT 139-249), which specifies performing an inspection and
manual pull-test of the solder splices and replacing any splices which
fail the inspection or pull-test. EASA classified this BT as mandatory
and issued 2011-0140 to ensure the continued airworthiness of these
helicopters.
Costs of Compliance
We estimate that this AD will affect 32 helicopters of U.S.
Registry. We estimate that operators may incur the following costs in
order to comply with this AD. Replacing the solder splices will require
approximately 110 work-hours at an average labor cost of $85 per
[[Page 67017]]
hour and required parts will cost $200, for a total cost to the
operator of $9,550 and a total cost to the U.S. operator fleet of
$305,600.
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):
2013-22-16 Agusta S.P.A. (Type Certificate Currently Held By
Agustawestland) Helicopters: Amendment 39-17648; Docket No. FAA-
2012-0529; Directorate Identifier 2011-SW-050-AD.
(a) Applicability
This AD applies to Agusta S.p.A. Model AW139 helicopters, serial
numbers 31248, 31249, 41001 through 41023, 41201 through 41234,
41236, 41237 through 41255 (except 41240, 41242, 41246, 41249,
41251, and 41252), and 41257, certificated in any category.
(b) Unsafe Condition
This AD defines the unsafe condition as intermittent noise
through the audio system during flight caused by improper
installation of solder splices on the co-pilot's audio panel. This
condition could result in degradation and complete loss of
communications between the pilot and co-pilot during flight,
impairing the co-pilot's capability to react immediately to
operational difficulties, which could lead to subsequent loss of
control of the helicopter.
(c) Effective Date
This AD becomes effective December 13, 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 Action
Within 500 hours time-in-service or 5 months, or in the event of
an AVIONICS FAULT crew alerting system (CAS) message, whichever
occurs first, replace each co-pilot audio panel solder splice listed
in Tables 1 and 2 of Agusta Bollettino Tecnico No. 139-249, dated
July 13, 2011 (BT), by following the procedures in paragraphs 7.1
through 7.11. and Figures 12, 14, and 15 of the BT.
(f) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: John VanHoudt, Aerospace
Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group,
2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-
5110, email [email protected].
(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
(1) The subject of this AD is addressed in European Aviation
Safety Agency (EASA) AD No. 2011-0140, dated July 20, 2011. You may
view the EASA AD on the Internet at http://www.regulations.gov in
Docket No. FAA-2012-0529.
(h) Subject
Joint Aircraft System Component (JASC) Code: 2397:
Communications System Wiring.
(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) Agusta Bollettino Tecnico No. 139-249, dated July 13, 2011.
(ii) Reserved.
(3) For Agusta 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.
(4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas 76137. 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 October 25, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2013-26048 Filed 11-7-13; 8:45 am]
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