[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Rules and Regulations]
[Pages 34247-34249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14415]



[[Page 34247]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-2119; Directorate Identifier 2015-SW-005-AD; 
Amendment 39-18179; AD 2015-05-51]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. (Agusta) Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: We are publishing a new airworthiness directive (AD) for 
Agusta Model A109A and A109A II helicopters, which was sent previously 
to all known U.S. owners and operators of these helicopters. This AD 
requires replacing a certain part-numbered blade with an approved part-
numbered blade. This AD is prompted by an error in the Illustrated 
Parts Catalog (IPC) that incorrectly allows installation of a certain 
part-numbered blade on the affected helicopters. These actions are 
intended to prevent blade failure and subsequent loss of control of the 
helicopter.

DATES: This AD becomes effective July 1, 2015 to all persons except 
those persons to whom it was made immediately effective by Emergency AD 
2015-05-51, issued on March 3, 2015, which contained the requirements 
of this AD.
    We must receive comments on this AD by August 17, 2015.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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 comments received, and other information. The 
street address for the Docket Operations Office (telephone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.
    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.

FOR FURTHER INFORMATION CONTACT: Martin Crane, Aviation Safety 
Engineer, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, 
Texas 76137; telephone (817) 222 5110; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments prior to it becoming effective. However, we 
invite you to participate in this rulemaking by submitting written 
comments, data, or views. We also invite comments relating to the 
economic, environmental, energy, or federalism impacts that resulted 
from adopting this AD. The most helpful comments reference a specific 
portion of the AD, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit them only one time. We will file in the docket all comments that 
we receive, as well as a report summarizing each substantive public 
contact with FAA personnel concerning this rulemaking during the 
comment period. We will consider all the comments we receive and may 
conduct additional rulemaking based on those comments.

Discussion

    On March 3, 2015, we issued Emergency AD 2015-05-51 to correct an 
unsafe condition for Agusta Model A109A helicopters, serial numbers 
7154 through 7255, and for all Model A109A II helicopters. Emergency AD 
2015-05-51 requires replacing blade part number (P/N) 109-0103-01-7 
with blade P/N 109-0103-01-9 or 109-0103-01-115. The emergency AD was 
sent previously to all known U.S. owners and operators of these 
helicopters. This action was prompted by an error in the IPC that 
allows installing blade P/N 109-0103-01-7 on certain serial-numbered 
Model A109A helicopters and on Model A109A II helicopters.
    Emergency AD 2015-05-51 was prompted by Emergency AD No. 2015-0025-
E, dated February 18, 2015, issued by EASA, which is the Technical 
Agent for the Member States of the European Union, to correct an unsafe 
condition for certain serial-numbered Agusta Model A109A and all Model 
A109A II helicopters. EASA advises of the installation of blade P/N 
109-0103-01-7 on Model A109A II helicopters. In a subsequent 
investigation, it was determined that blade P/N 109-0103-01-7 is only 
eligible for installation on Model A109A helicopters up to serial 
number (S/N) 7153. EASA states that for Model A109A and A109A II 
helicopters, the current IPC incorrectly allows installing blade P/N 
109-0103-01-7 on all helicopters. The EASA AD requires identifying each 
blade P/N 109-0103-01-7 and replacing it with P/N 109-0103-01-9 or P/N 
109-0103-01-115. The EASA AD also prohibits installing blade P/N 109-
0103-01-7 on Model A109A helicopters from S/N 7154 through 7255 
inclusive and on all Model A109A II helicopters.

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 EAD. 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.

Related Service Information

    AgustaWestland Alert Bollettino Tecnico No. 109-142, dated February 
17, 2015, specifies determining whether the affected part-numbered 
blade is installed and, if installed, replacing it with blade P/N 109-
0103-01-9 or P/N 109-0103-01-115. Also, the service information states 
that AgustaWestland has updated the A109A/AII IPC to give the correct 
information about the applicable configuration.

[[Page 34248]]

AD Requirements

    This AD requires, before further flight, replacing blade P/N 109-
0103-01-7 with blade P/N 109-0103-01-9 or 109-0103-01-115.

Costs of Compliance

    We estimate that this AD will affect 34 helicopters of U.S. 
Registry.
    We estimate that operators may incur the following costs in order 
to comply with this AD. Labor costs are estimated at $85 per hour. We 
estimate 1 work hour to replace a blade and $143,000 for required 
parts, for a total cost of $143,085 per blade.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting 
these AD requirements would delay implementing the safety actions 
needed to correct this known unsafe condition. Therefore, we found and 
continue to find that the risk to the flying public justifies waiving 
notice and comment prior to the adoption of this rule because the 
previously described unsafe condition can adversely affect the 
controllability of the helicopter and the required action must be 
accomplished before further flight.
    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we determined that notice and opportunity for 
public comment before issuing this AD are impracticable and contrary to 
the public interest and that good cause existed for making the AD 
effective immediately by Emergency AD 2015-05-51, issued on March 3, 
2015, to all known U.S. owners and operators of these helicopters. 
These conditions still exist and the AD is hereby published in the 
Federal Register as an amendment to section 39.13 of the Federal 
Aviation Regulations (14 CFR 39.13) to make it effective to all 
persons.

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.

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.
    For the reasons discussed, 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):

2015-05-51 Agusta S.p.A.: Amendment 39-18179; Docket No. FAA-2015-
2119; Directorate Identifier 2015-SW-005-AD.

(a) Applicability

    This AD applies to Model A109A helicopters, serial numbers (S/N) 
7154 through 7255, and all Model A109A II helicopters, with a main 
rotor blade (blade) part number (P/N) 109-0103-01-7 installed, 
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as the installation of a 
blade that does not meet type design. This condition could result in 
blade failure and subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective July 1, 2015 to all persons except 
those persons to whom it was made immediately effective by EAD 2015-
05-51, issued on March 3, 2015, which contained the requirements of 
this AD.

(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

    Before further flight, replace each blade with blade P/N 109-
0103-01-9 or 109-0103-01-115.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Martin Crane, Aviation Safety 
Engineer, Rotorcraft Directorate, FAA, 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) AgustaWestland Alert Bollettino Tecnico No. 109-142, dated 
February 17, 2015, which is not incorporated by reference, contains 
additional information about the subject of this AD. For a copy of 
the service information referenced 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.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) Emergency AD No. 2015-0025-E, dated February 
18, 2015. You may view the EASA AD on the Internet at http://www.regulations.gov in Docket No. FAA-2015-2119.

(h) Subject

    Joint Aircraft System Component (JASC) Code: 6210 Main Rotor 
Blades.


[[Page 34249]]


    Issued in Fort Worth, Texas, on June 2, 2015.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft 
Certification Service.
[FR Doc. 2015-14415 Filed 6-15-15; 8:45 am]
 BILLING CODE 4910-13-P