[Federal Register Volume 79, Number 239 (Friday, December 12, 2014)]
[Rules and Regulations]
[Pages 73801-73803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28913]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 /
Rules and Regulations
[[Page 73801]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0256; Directorate Identifier 2007-SW-01-AD;
Amendment 39-18046; AD 2008-14-02 R1]
RIN 2120-AA64
Airworthiness Directives; Agusta S.p.A. (Agusta) Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are revising Airworthiness Directive (AD) 2008-14-02 for
Agusta Model AB139 and AW139 helicopters. AD 2008-14-02 required
inspecting the fuselage frame to detect fatigue cracks which could lead
to structural failure and subsequent loss of control of the helicopter.
Since we issued AD 2008-14-02, Agusta developed a frame reinforcement
modification, which supports extending the interval for inspecting the
fuselage frame for a fatigue crack. This new AD requires inspecting the
fuselage frame for a crack and reduces the applicability from AD 2008-
14-02 to exclude helicopters with the frame reinforcement modification.
The actions of this AD are intended to detect a fatigue crack that
could result in failure of the fuselage frame and subsequent loss of
control of the helicopter.
DATES: This AD is effective January 16, 2015.
The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of August 14, 2008
(73 FR 39572, July 10, 2008).
ADDRESSES: For service information identified in this AD, 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, 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: Sharon Miles, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110;
email [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to revise AD 2008-14-02, Amendment 39-15597 (73 FR 39572, July
10, 2008) (AD 2008-14-02), for Agusta Model AB 139 and AW 139
helicopters. The NPRM published in the Federal Register on July 8, 2013
(78 FR 40640). The NPRM proposed to retain all requirements of AD 2008-
14-02 but remove from the applicability section any helicopter modified
by installing structural reinforcement skins in accordance with Agusta
Bollettino Tecnico No. 139-089, dated February 19, 2010 (BT 139-089).
The NPRM proposed to continue to require initially inspecting the
fuselage frame 5700 middle section within 10 hours time-in-service
(TIS), or upon accumulating 100 hours TIS since new, whichever occurs
later, for a crack. The NPRM also proposed to continue to require
repeating this inspection at intervals not exceeding 100 hours TIS,
and, if there is a crack, before further flight, repairing the crack in
accordance with FAA-approved procedures.
The NPRM was prompted by AD No. 2006-0357R1, dated April 22, 2010,
issued by EASA, which is the Technical Agent for the Member States of
the European Union, to correct an unsafe condition for Agusta Model AB
139 and AW 139 helicopters. EASA advised that tests have shown that the
Agusta AB/AW 139's fuselage frame 5700 middle section is prone to
fatigue damage. EASA issued AD No. 2006-0357R1 to revise EASA AD No.
2006-0357, dated November 29, 2006, by removing Agusta Model AB139 and
AW139 helicopters modified with the structural reinforced frames from
the applicability requirements of the fatigue crack inspection.
Comments
After our NPRM (78 FR 40640, July 8, 2013), was published, we
received a comment from one commenter.
Request
One commenter requested that the Applicability section include an
exception for Agusta Model AB139 and AW139 helicopters with Main Cabin
serial numbers (S/Ns) ``TA1721 and subsequent,'' and ``PZL219 and
subsequent.'' The commenter proposed this change because the specified
helicopters have left-hand (LH) frame station 5700 part number (P/N)
3P5338A13354 and right-hand (RH) frame station 5700 P/N 3P5338A13454
installed.
We disagree that such a change is necessary. Paragraph (a) of the
AD states that it does not apply to helicopters with LH frame station
5700, P/N 3P5338A13354, and RH frame station 5700, P/N 3P5338A13454,
installed. Thus, helicopters with the specified main cabin S/Ns are
already excepted from the applicability of this AD.
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
[[Page 73802]]
because we evaluated all information provided by EASA, reviewed the
relevant information, considered the comment 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 we have correctly stated the design holder's name as Agusta
S.p.A. instead of AgustaWestland S.p.A. as specified by the current FAA
type certificate. This change is consistent with the intent of the
proposals in the NPRM (78 FR 40640, July 8, 2013) 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 contacting the type certificate (TC) holder
for further instructions if damage or a crack is found; this AD
requires repairing the crack, before further flight, with FAA-approved
procedures with no requirement to contact the TC holder. The EASA AD
also excludes helicopters with S/Ns 31002, 31003, 31004, and 31007;
whereas, this AD does not.
Related Service Information
Agusta issued Bollettino Tecnico No. 139-018, Revision B, dated
October 18, 2006, which specifies inspection procedures for the middle
section frame 5700 for all Model AB139 and AW139 helicopters except S/
Ns 31002, 31003, 31004, and 31007. Subsequently, Agusta issued BT 139-
089, which describes procedures for installing carbon fiber structural
reinforcement skins at frame station 5700 for two part-numbered
fuselage frames and for one frame station 3900 fuselage frame. Once the
fuselage frames have been modified in accordance with BT 139-089, the
inspection interval of Mandatory Inspection Task MI53-12 may be
extended.
Costs of Compliance
We estimate this AD affects 33 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 comply with the
initial and each subsequent inspection required by this AD. The average
labor rate is $85 per work-hour so the approximate cost for each
inspection is $85 per helicopter or $2,805 for the U.S.-registered
fleet. We estimate the cost to repair the fuselage middle frame section
to be about $10,000.
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 removing Airworthiness Directive (AD)
2008-14-02, Amendment 39-15597 (73 FR 39572, July 10, 2008), and adding
the following new AD:
2008-14-02 R1 Agusta S.p.A. (Agusta) Helicopters: Amendment 39-
18046; Docket No. FAA-2008-0256; Directorate Identifier 2007-SW-01-
AD.
(a) Applicability
This AD applies to Agusta Model AB139 and AW139 helicopters,
except helicopters with reinforcement skin part number (P/N)
3G5306P08512 installed on left hand (LH) frame station 5700 P/N
3P5338A13352 and right hand (RH) frame station 5700 P/N
3P5338A13452; or with reinforcement skin P/N 3G5306P08513 installed
on LH frame station 5700 P/N 3P5338A13353 and RH frame station 5700
P/N 3P5338A13453; or with LH frame station 5700 P/N 3P5338A13354 and
RH frame station 5700 P/N 3P5338A13454, installed; certificated in
any category.
(b) Unsafe Condition
This AD defines the unsafe condition as a fatigue crack in the
fuselage frame 5700 middle section. This condition could result in
structural failure of the frame and subsequent loss of control of
the helicopter.
(c) Affected ADs
This AD revises AD 2008-14-02, Amendment 39-15597 (73 FR 39572,
July 10, 2008).
(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
(1) Within 10 hours time-in-service (TIS), or upon accumulating
100 hours TIS since new, whichever occurs later, inspect the
fuselage frame 5700 middle section for a crack in accordance with
the Compliance Instructions, paragraphs 1. through 4., of Agusta
Bollettino Tecnico No. 139-018, Revision B, dated October 18, 2006.
(2) Thereafter, at intervals not exceeding 100 hours TIS, repeat
the inspection as required by paragraph (e)(1) of this AD.
(3) If there is a crack, before further flight, repair the crack
in accordance with an FAA-approved procedure.
(f) Effective Date
This AD becomes effective January 16, 2015.
(g) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Sharon Miles, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas
[[Page 73803]]
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.
(h) Additional Information
(1) Agusta Bollettino Tecnico No. 139-089, dated February 19,
2010, which is not incorporated by reference, contains additional
information about the subject of this AD. For this service
information, 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 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. 2006-0357R1, dated April 22, 2010. You
may view the EASA AD on the Internet at http://www.regulations.gov
in Docket No. FAA-2008-0256.
(i) Subject
Joint Aircraft Service Component (JASC) Code: 5311, Fuselage,
Main Frame.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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.
(3) The following service information was approved for IBR on
August 14, 2008 (73 FR 39572, July 10, 2008).
(i) Agusta Bollettino Tecnico No. 139-018, Revision B, dated
October 18, 2006.
(ii) Reserved.
(4) For Agusta service information identified in this AD,
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.
(5) 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.
(6) 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 November 24, 2014.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2014-28913 Filed 12-11-14; 8:45 am]
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