Airworthiness directives: Agusta S.p.A.,

[Federal Register: January 5, 2000 (Volume 65, Number 3)]

[Rules and Regulations]

[Page 346-348]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr05ja00-2]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-SW-91-AD; Amendment 39-11493; AD 99-27-12]

RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Model A109A and A109A II Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

SUMMARY: This amendment supersedes an existing airworthiness directive (AD), applicable to Agusta Model A109A and A109A II helicopters, that currently requires, before further flight, inspecting any tail rotor blade (blade) with 400 or more hours time-in-service (TIS) for a crack and replacing any cracked blade before further flight. This amendment contains the same requirements as the current AD but corrects the paragraph that requires ``replacing any cracked blade with an unairworthy blade.'' This amendment is prompted by the need to correct the requirement to mandate

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``replacing any cracked blade with an airworthy blade.'' The actions specified by this AD are intended to prevent fatigue failure of the blade, loss of the tail rotor, and subsequent loss of control of the helicopter.

DATES: Effective January 5, 2000. The incorporation by reference of certain publications listed in the regulations was approved previously by the Director of the Federal Register as of January 4, 2000.

Comments for inclusion in the Rules Docket must be received on or before March 6, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Office of the Regional Counsel, Southwest Region, Attention: Rules Docket No. 99-SW-91-AD, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

The service information referenced in this AD may be obtained from Agusta, 21017 Cascina Costa di Samarate (VA), Via Giovanni Agusta 520, telephone (0331) 229111, fax (0331) 229605-222595. This information may be examined at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Richard A. Monschke, Aerospace Engineer, FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-5116, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: On December 9, 1999, the FAA issued AD 99- 26-13, Amendment 39-11472, Docket No. 99-SW-64-AD, effective January 4, 2000, to require inspecting any tail rotor blade, part number (P/N) 109-0132-02 (all dash numbers), with 400 or more hours TIS for a crack and replacing any cracked blade with an airworthy blade. That action was prompted by three reports of cracked blades and two reports of separation of a tail rotor gearbox. That condition, if not corrected, could result in fatigue failure of a blade, loss of the tail rotor, and subsequent loss of control of the helicopter.

Agusta S.p.A. issued Bollettino Tecnico 109-110, dated July 28, 1999 (technical bulletin), which supersedes Telegraphic Technical Bulletin 109-5, dated January 27, 1987. The technical bulletin specifies dye-penetrant inspecting any blade, P/N 109-0132-02 (all dash numbers), with 400 or more hours TIS, for a crack before further flight and thereafter at intervals not to exceed 100 hours TIS. The technical bulletin also specifies visually inspecting each blade before the first flight of each day and replacing any cracked blade. In the technical bulletin, the manufacturer reemphasizes the importance of performing a detailed inspection of the blade by publishing additional procedures and requirements for personnel conducting the inspections. Agusta S.p.A. is attempting to develop an improved blade, which would provide a basis for terminating the inspection requirement.

Since the issuance of that AD, the FAA has discovered that the requirement in paragraph (b) of AD-99-26-13 mandates replacing a cracked blade with an unairworthy blade. This was an error. The requirement should mandate that any cracked blade be replaced with an airworthy blade.

Since an unsafe condition has been identified that is likely to exist or develop on other Agusta Model A109A and A109A II helicopters of the same type design, this AD supersedes AD 99-26-13, effective January 4, 2000. This AD corrects the mistake in AD 99-26-13 and requires that any cracked blade be replaced with an airworthy blade. This AD also requires dye-penetrant inspecting any blade, P/N 109-0132- 02 (all dash numbers), with 400 or more hours TIS, for a crack before further flight and thereafter at intervals not to exceed 100 hours TIS. Also, this AD requires visually inspecting each blade before the first flight of each day. The actions are required to be accomplished in accordance with the technical bulletin described previously. The short compliance time involved is required because the previously described critical unsafe condition can adversely affect the controllability and structural integrity of the helicopter. Therefore, dye-penetrant inspecting each blade for a crack is required before further flight and this AD must be issued immediately.

Since a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for prior public comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days.

The FAA estimates that 54 helicopters will be affected by this AD, that it will take approximately 2.5 work hours to accomplish the inspections, and that the average labor rate is $60 per work hour. Based on these figures, the total cost impact of the AD on U.S. operators is estimated to be $48,600 assuming 6 dye penetrant inspections a year.

Comments Invited

Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified under the caption ADDRESSES. All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed.

Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filedin the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket No. 99-SW-91-AD.'' The postcard will be date stamped and returned to the commenter.

The regulations adopted herein 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, it is determined that this final rule does not have federalism implications under Executive Order 13132.

The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and that it is not a ``significant regulatory action'' under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency

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regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, may be obtained from the Rules Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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]

2. Section 39.13 is amended by removing Amendment 39-11472 and by adding a new airworthiness directive (AD), Amendment 39-11493, to read as follows:

   AD 99-27-12 Agusta S.p.A.: Amendment 39-11493. Docket No.99-SW-91- AD. Supersedes AD 99-26-13, Amendment 39-11472, Docket No. 99-SW-64- AD.

   Applicability: Model A109A and A109A II helicopters, with tail rotor blade (blade), part number (P/N) 109-0132-02-all dash numbers, with 400 or more hours time-in-service (TIS), installed, certificated in any category.

   Note 1: This AD applies to each helicopter identified in the preceding applicability provision, regardless of whether it has been otherwise modified, altered, or repaired in the area subject to the requirements of this AD. For helicopters that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (c) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.

   Compliance: Required as indicated, unless accomplished previously.

   To prevent fatigue failure of a blade, loss of the tail rotor, and subsequent loss of control of the helicopter, accomplish the following:

   (a) Before further flight, dye-penetrant inspect each blade for a crack in accordance with the Compliance Instructions, Part I, of Agusta S.p.A. Bollettino Tecnico 109-110, dated July 28, 1999 (technical bulletin). Thereafter, at intervals not to exceed 100 hours TIS, dye-penetrant inspect each blade for a crack in accordance with the Compliance Instructions, Part III, of the technical bulletin. If a crack is found, replace the cracked blade with an airworthy blade before further flight.

   (b) Before the first flight each day, visually inspect each blade for a crack using a 3 to 5 power magnifying glass in accordance with the Compliance Instructions, Part II, of the technical bulletin. If a crack is found, replace the cracked blade with an airworthy blade before further flight.

   (c) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Regulations Group, FAA, Rotorcraft Directorate. Operators shall submit their requests through an FAA Principal Maintenance Inspector, who may concur or comment and then send it to the Manager, Regulations Group.

   Note 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Regulations Group.

   (d) Special flight permits will not be issued.

   (e) The inspections shall be done in accordance with the Compliance Instructions of Agusta S.p.A. Bollettino Tecnico 109-110, dated July 28, 1999. The incorporation by reference of that document was approved previously by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 as of January 4, 2000. Copies may be obtained from Agusta, 21017 Cascina Costa di Samarate (VA), Via Giovanni Agusta 520, telephone (0331) 229111, fax (0331) 229605-222595. 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 Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

   (f) This amendment becomes effective on January 5, 2000.

   Note 3: The subject of this AD is addressed in Registro Aeronautico Italiano, Italy, AD 99-325, dated August 2, 1999.

   Issued in Fort Worth, Texas, on December 27, 1999. Larry M. Kelly, Acting Manager, Rotorcraft Directorate Aircraft Certification Service.

   [FR Doc. 00-17Filed1-4-00; 8:45 am]

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