[Federal Register Volume 75, Number 170 (Thursday, September 2, 2010)]
[Rules and Regulations]
[Pages 53859-53861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21593]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0824; Directorate Identifier 2010-SW-045-AD;
Amendment 39-16409; AD 2010-12-51]
RIN 2120-AA64
Airworthiness Directives; Agusta S.p.A. (Agusta) Model A119 and
AW119 MKII Helicopters
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This document publishes in the Federal Register an amendment
adopting Emergency Airworthiness Directive (AD) 2010-12-51, which was
sent previously to all known U.S. owners and operators of the specified
Agusta model helicopters by individual letters. This AD requires,
before further flight, removing the forward boot from the hub-locking
nut (nut) and inserting a gauge between the tail rotor control rod
(rod) and nut until the gauge stops. This AD then requires, depending
on the depth measurement from the face of the nut, either reidentifying
the tail rotor gearbox (TGB) with a new part number (P/N) or replacing
the TGB and the associated parts with airworthy parts. This AD is
prompted by a report of a missing rod bushing (bushing) from a 90-
degree TGB installed on a Model AW119 MKII helicopter. The Agusta Model
A119 helicopters also have the affected TGB installed; therefore, they
are also included in the applicability of this AD. The actions
specified by this AD are intended to detect a missing bushing in the
TGB and to prevent abnormal vibration, damage to the tail rotor system,
loss of the yaw control function, and subsequent loss of control of the
helicopter.
DATES: Effective September 17, 2010, to all persons except those
persons to whom it was made immediately effective by Emergency AD 2010-
12-51, issued on June 1, 2010, which contained the requirements of this
amendment.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 17, 2010.
Comments for inclusion in the Rules Docket must be received on or
before November 1, 2010.
ADDRESSES: Use one of the following addresses to submit comments on
this AD:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
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.
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.
[[Page 53860]]
FOR FURTHER INFORMATION CONTACT: Eric Haight, Aviation Safety Engineer,
FAA, Rotorcraft Directorate, Regulations and Policy Group, 2601 Meacham
Blvd., Fort Worth, Texas 76137, telephone (817) 222-5204, fax (817)
222-5961.
SUPPLEMENTARY INFORMATION: On June 1, 2010, the FAA issued Emergency AD
2010-12-51 for the specified model helicopters, which requires, before
further flight, removing the forward boot from the nut and inserting a
gauge between the rod and nut until the gauge stops. The AD then
requires, depending on the depth measurement from the face of the nut,
either reidentifying the TGB with a new P/N or replacing the TGB and
the associated parts with airworthy parts. The AD was prompted by a
report of a missing bushing from a 90-degree TGB installed on a Model
AW119 MKII helicopter. The Agusta Model A119 helicopters also have the
affected TGB installed; therefore, they are also included in the
applicability of the AD. This condition, if not corrected, could result
in abnormal vibration and damage to the tail rotor system, loss of the
yaw control function, and subsequent loss of control of the helicopter.
Agusta has issued Alert Bollettino Tecnico No. 119-38, dated March
25, 2010 (ABT), which specifies inspecting the TGB, P/N 109-0440-06-
103, to verify the presence of the bushing. If the bushing is not
installed, the ABT specifies replacing the TGB and associated parts
with a ``new'' TGB assembly, P/N 109-0440-06-105. Also, the ABT
specifies if the bushing is installed, reidentifying the TGB ``by
installing an additional nameplate'' with P/N 109-0440-06-105.
The European Aviation Safety Agency (EASA), the Technical Agent for
the Member States of the European Community, notified the FAA that an
unsafe condition may exist on these helicopter models. EASA advises of
a missing bushing in the TGB of a Model AW119 MKII helicopter. EASA
also advises that ``this condition, if not detected and corrected,
could cause abnormal vibration of the tail rotor controls possibly
leading to their damage and consequent loss of the yaw control
function.'' EASA classified the Agusta ABT as mandatory and issued
Emergency AD No. 2010-0059-E, dated March 26, 2010, to ensure the
continued airworthiness of these helicopters.
This AD differs from the EASA Emergency AD in that we refer to
flight hours as hours time-in-service (TIS). We also do not refer to a
compliance date of June 30, 2010. We added the requirement of the
thickness gauge being no wider than 10 mm. We added the determinate
that if the depth between the rod and the nut is between 4 mm and 6 mm,
the bushing is installed. We do not require an additional nameplate but
require reidentifying the TGB P/N with an etch pen by changing the last
three digits of the P/N from -103 to -105.
These helicopter models are manufactured in Italy and are type
certificated for operation in the United States under the provisions of
14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the
applicable bilateral agreement, EASA has kept the FAA informed of the
situation described above. The FAA has examined the findings of EASA,
reviewed all available information, and determined that AD action is
necessary for products of these type designs that are certificated for
operation in the United States.
Since the unsafe condition described is likely to exist or develop
on other Agusta model helicopters of these same type designs, the FAA
issued Emergency AD 2010-12-51 to detect a missing bushing in the TGB
and to prevent abnormal vibration and damage to the tail rotor system,
loss of the yaw control function, and subsequent loss of control of the
helicopter. The AD requires, before further flight, removing the
forward boot from the nut and inserting a 0.3 mm thickness gauge, not
exceeding 10 mm in width, between the rod and nut until the gauge
stops. The AD requires, from the face of the nut, measuring the depth
the gauge is inserted between the rod and the nut before it stops. If
the depth measurement is between 4 mm and 6 mm, the bushing is
installed, and the AD requires reidentifying the TGB, P/N 109-0440-06-
103, by using an etch pen to change the last three digits of the P/N
from -103 to -105. If the depth measurement is greater than 6 mm, the
AD requires, before further flight, replacing the TGB and the
associated parts with airworthy parts. The actions must be accomplished
in accordance with specified portions of the ABT 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,
measuring the depth between the rod and the nut of the TGB, and if the
depth measurement is greater than 6 mm, replacing the TGB and
associated parts with airworthy parts are required before further
flight, and 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 June 1, 2010, to all known U.S. owners and operators of the
specified Agusta model 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.
The FAA estimates that this AD will affect 69 helicopters of U.S.
registry. It will take 1.5 work hours per helicopter to conduct the
depth inspection and reidentify the TGB, and about 10 work hours per
helicopter to replace a TGB and associated parts. The average labor
rate is $85 per work hour. Required parts will cost about $128,275 per
helicopter. Based on these figures, we estimate the total cost impact
of the AD on U.S. operators to be $911,780, assuming the TGB and
associated parts are replaced on 7 helicopters.
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-2010-0824; Directorate
Identifier 2010-SW-045-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 have 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
[[Page 53861]]
responsibilities among the various levels of government.
For the reasons discussed above, I certify that the regulation:
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. See the AD docket to examine the economic evaluation.
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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
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. Section 39.13 is amended by adding a new airworthiness directive to
read as follows:
2010-12-51 AGUSTA S.p.A.: Amendment 39-16409. Docket No. FAA-2010-
0824; Directorate Identifier 2010-SW-045-AD.
Applicability: Model A119 and AW119 MKII helicopters, with a 90-
degree tail rotor gearbox (TGB), part number (P/N) 109-0440-06-103,
installed, certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent abnormal vibration and damage to the tail rotor
system, loss of the yaw control function, and subsequent loss of
control of the helicopter, do the following:
(a) Before further flight, remove the forward boot, P/N 109-
0135-10, from the hub-locking nut (nut), P/N 109-0135-12, as shown
in Figure 1 of Agusta Alert Bollettino Tecnico No. 119-38, dated
March 25, 2010 (ABT).
(1) Insert a 0.3 millimeter (mm) thickness gauge, not exceeding
10 mm in width, between the tail rotor control rod (rod) and the nut
as shown in Figure 2 of the ABT until the gauge stops.
(2) From the face of the nut, measure the depth the gauge is
inserted between the rod and the nut before it stops:
(i) If the depth measurement is between 4 mm and 6 mm, the
bushing, P/N 109-0135-14-101, is installed. Within 5 hours time-in
service, reidentify the TGB, P/N 109-0440-06-103, by using an etch
pen to change the last three digits of the P/N from -103 to -105.
Note 1: Installing a new nameplate by following the Compliance
Instructions, Part II, of the ABT satisfies the reidentification
requirements of the TGB P/N in paragraph (a)(2)(i) of this AD.
(ii) If the depth measurement is greater than 6 mm, before
further flight, replace the TGB, P/N 109-0440-06-103, with TGB, P/N
109-0440-06-105, and replace the associated parts listed in the
Accomplishment Instructions, Part I, paragraph 4, of the ABT with
the associated parts listed in the Accomplishment Instructions, Part
I, paragraph 5, of the ABT.
(b) 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, FAA, ATTN: Eric
Haight, Aviation Safety Engineer, FAA, Rotorcraft Directorate,
Regulations and Guidance Group, 2601 Meacham Blvd., Fort Worth,
Texas 76137, telephone (817) 222-5204, fax (817) 222-5961, for
information about previously approved alternative methods of
compliance.
(c) The Joint Aircraft System/Component (JASC) Code is 6520:
Tail Rotor Gearbox.
(d) Replacing the associated parts and removing the boot, and
measuring the insertion depth of the gauge shall be done by
following the specified portions of Agusta Alert Bollettino Tecnico
No. 119-38, dated March 25, 2010. The Director of the Federal
Register approved this incorporation by reference in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Copies 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. 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 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/code_of_federal_regulations/ibr_locations.html.
(e) This amendment becomes effective on September 17, 2010, to
all persons except those persons to whom it was made immediately
effective by Emergency AD 2010-12-51, issued June 1, 2010, which
contained the requirements of this amendment.
Note 2: The subject of this AD is addressed in the European
Aviation Safety Agency Emergency AD No. 2010-0059-E, dated March 26,
2010.
Issued in Fort Worth, Texas, on August 12, 2010.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-21593 Filed 9-1-10; 8:45 am]
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