DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1453; Directorate Identifier 2009-SW-46-AD]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Agusta S.p.A. (Agusta) Model A109, A109A, A109A II, A109C, A109K2,
A109E, A109S, and A119 helicopters. This proposed AD is prompted by a
mandatory continuing airworthiness information (MCAI) AD issued by the
European Aviation Safety Agency (EASA), which is the Technical Agent
for the Member States of the European Community. The MCAI AD states
that a Model A109E helicopter has experienced a failure of the tail
rotor pitch control link assembly caused by a production defect. The
proposed actions are intended to prevent failure of a tail rotor pitch
control link and subsequent loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by March 12, 2012.

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 proposed AD, the
economic evaluation, 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 proposed 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 copies of
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: Gary Roach, Aerospace Engineer,
Rotorcraft Directorate, Regulations and Policy Group, FAA, 2601 Meacham
Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email
gary.b.roach@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

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 might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, 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 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 proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2006-0228-E, dated July 27, 2006, to
correct an unsafe condition for Agusta Model A109A, A109A II, A109C,
A109K2, A109E, A109S, A109LUH and A119 helicopters. The MCAI AD states
that an Agusta Model A109E helicopter has experienced a failure of the
tail rotor pitch control link assembly, part number 109-0130-05-117,
with 10 flight hours. This proposed AD would require actions that are
intended to prevent failure of a tail rotor pitch control link and
subsequent loss of control of the helicopter. You may obtain further
information by examining the MCAI AD and any related service
information in the AD Docket.

FAA's Determination

These products have been approved by the aviation authority of
Italy and are approved for operation in the United States. Pursuant to
our bilateral agreement with this State of Design Authority, the EASA,
their technology agents have notified us of the unsafe condition
described in the MCAI AD and service information. We are proposing this
AD because we evaluated all information provided by the EASA and
determined the unsafe condition exists and is likely to exist or
develop on other products of these same type designs.

Related Service Information

Agusta has issued Alert Bollettino Tecnico (ABT) No. 109S-5, dated
July 26, 2006, for Model A109S helicopters; ABT No. 109EP-70, dated
July 27, 2006, for Model A109E helicopters; ABT No. 109K-47, dated July
27, 2006, for Model A109K2 helicopters; ABT No. 109-122, dated July 27,
2006, for Model A109A, A109A II, and A109C helicopters; and ABT No.
119-15, dated July 27, 2006, for Model A119 helicopters. These ABTs
specify performing a one-time inspection of the subject link assembly
for excessive friction of the spherical bearing of the bearing ball and
for a crack. The EASA classified these ABTs as mandatory and issued
EASA AD 2006-0228-E, to ensure the continued airworthiness of these
helicopters.

Proposed AD Requirements

This proposed AD would require compliance with specified portions
of the manufacturer's service bulletin including:

Before further flight, inspect the affected link assembly
for freedom of movement of the links while it is installed on the
helicopter. If a rotation resistance or binding occurs, before further flight, remove the link
assembly from the helicopter, and either:

Replace it with an airworthy link assembly with a "T''
marked after the serial number, or

Inspect the link assembly for the torsion value force of the ball bearing.

If not immediately required by the previous paragraph,
within 5 hours time-in-service, remove the link assembly from the
helicopter and inspect the torsion value force of the ball bearing
rotation.

If the torsion value force in either end of the link
assembly is greater than 7.30 N, the link assembly is unairworthy.

If the torsion value force of the ball bearing in both
ends of the link assembly is equal to or less than 7.30 N, inspect the
stem of the link assembly for a crack. If a crack is found, the link
assembly is unairworthy.

For a link assembly that has been inspected and determined
not to have a crack, before further flight, mark a "T'' on the link
assembly after the serial number using an etch pen.

For a link assembly which has been inspected and
determined to be unairworthy, before further flight, replace the link
assembly with an airworthy link assembly. Only a link assembly with a
"T'' marked after the serial number, documenting that the link
assembly has been inspected for a crack, is eligible for installation.

Differences Between This Proposed AD and the EASA AD

This proposed AD does not apply to uninstalled parts whereas the
EASA AD does apply to uninstalled parts. This proposed AD includes the
Agusta Model A109 helicopter whereas the EASA AD does not. The EASA AD
applies to the Model A109LUH helicopter, this proposal does not. This
proposed AD does not require accomplishing Part III of the ABTs; the
EASA AD does.

Costs of Compliance

We estimate that this proposed AD would affect 203 helicopters of
U.S. Registry.

We estimate that operators may incur the following costs in order
to comply with this AD. It would take about 5 work-hours per helicopter
to inspect each tail rotor pitch control link assembly, the average
labor rate is $85 per work-hour, and required parts would cost about
$3,188 per helicopter. Based on these figures, we estimate the total
cost to be $733,439, assuming the tail rotor pitch control link
assembly would be replaced on the entire fleet.

According to the production approval holder's (PAH's) service
information some of the costs of this proposed AD may be covered under
warranty, thereby reducing the cost impact on affected individuals. We
do not control warranty coverage by the PAH. Accordingly, we have
included all costs in our cost estimate.

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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed 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);

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 proposed 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.

The Proposed Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The FAA amends Sec. 39.13 by adding the following new
Airworthiness Directive (AD):