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

ACTION: Final rule; request for comments.

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Agusta S.p.A. (Agusta) model A109S and AW109SP helicopters. This AD is
prompted by a fatigue crack found in the left elevator assembly along
the riveting of the upper skin to the fourth rib on an Agusta A109S
helicopter. These actions are intended to detect a crack, which could
lead to a failure of the elevator, reduced maneuverability of the
helicopter, and subsequent loss of control of the helicopter.

DATES: This AD becomes effective February 8, 2012.
The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of February 8,
2012.
We must receive comments on this AD by March 26, 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 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 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: Jim Grigg, Manager, FAA, Rotorcraft
Directorate, Safety Management Group, 2601 Meacham Blvd. Fort Worth TX
76137, telephone (817) 222-5126, fax (817) 222-5961, email
jim.grigg@faa.gov.

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

The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2011-0150, dated August 9, 2011 (AD 2011-0150), to correct an unsafe
condition for the Agusta A109S and AW109SP helicopters. EASA advises
that a fracture of the left elevator assembly part number (P/N) 109-
0200-02-601, along the riveting of the upper skin to the fourth rib has
recently occurred on an A109S helicopter. The elevator assembly, left
and right, P/N 109-0200-02-601 or -801, and 109-0200-02-602 or -802,
installed on an A109S helicopter are very similar to the elevator
assembly, left and right, P/N 109-0200-02-803 and -804, installed on
the AW109SP helicopter. The technical investigation conducted by Agusta
revealed that the crack in the left elevator assembly was due to
fatigue. The EASA AD requires, as an interim measure pending the
development of a terminating action, repetitive inspections of the
elevator upper skin in the area of the fourth rib, and if a crack is
found, replacing the cracked elevator assembly with a serviceable unit
or contacting Agusta for an approved repair.

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, their technical
representative, has notified us of the unsafe condition described in
the EASA AD. 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

We reviewed Agusta Mandatory Bollettino Tecnico (ABT) No. 109S-44
and No 109SP-032, both dated August 5, 2011. The ABTs describe
procedures for visually inspecting with a 5-10X magnifying glass to
verify the presence of cracks on the upper skin of the left elevator
assembly, P/N 109-0200-02-601 or -801, and right elevator assembly, P/N
109-0200-02-602 or -802, on the A109S and P/N 109-0200-02-803 and -804
on the AW109SP. The ABTs also provide instructions to carry out a dye
penetrant inspection if there is any doubt as to the presence of a
crack during the visual inspection. EASA classified this service
information as mandatory and issued AD No. 2011-0150 to ensure the
continued airworthiness of these helicopters.

AD Requirements

This AD requires an inspection of the area depicted in figure 1 of
the manufacturer's service bulletin.
For elevator assemblies with less than 400 hours time-in-
service (TIS), upon or before reaching 400 hours TIS, and thereafter at
intervals not to exceed 50 hours TIS, inspect with a 10X power
magnifying glass an area of the left and right elevator upper skin for
a crack along the 4th rib station rivet line.
For elevator assemblies with 400 or more hours TIS, within
30 hours TIS, and thereafter at intervals not to exceed 50 hours TIS,
inspect with a 10X power magnifying glass an area of the left and right
elevator upper skin for a crack along the 4th rib station rivet line.
Replace any cracked elevator assembly with an airworthy
elevator assembly before further flight.

Differences Between This AD and the EASA AD

The EASA AD specifies a 5-10X power magnifying glass; this AD
specifies a 10X power or higher magnifying glass.

Costs of Compliance

We estimate that this AD will affect 14 helicopters of U.S.
Registry.
We estimate that operators may incur the following costs in order
to comply with this AD. Inspecting the elevator assemblies will require
3 work-hours at an average labor rate of $85 per hour, for a cost of
$255 per inspection cycle. To replace a cracked elevator assembly with
an airworthy elevator assembly will require 10 work-hours at an average
labor rate of $85 per hour, and parts will cost $19,921, for a cost per
helicopter of $20,771.
According to the PAHs service information some of the costs of this
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.

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 find that
the risk to the flying public justifies waiving notice and comment
prior to the adoption of this rule because some of the required
corrective actions must be accomplished within 30 hours time-in-
service, a very short time period based on the average flight-hour
utilization rate of these helicopters.
Since an unsafe condition exists that requires the immediate
adoption of this AD, we determined that notice an opportunity for
public comment before issuing this AD are impracticable and contrary to
the public interest and that good cause exists for making this
amendment effective in less than 30 days.

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

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 AD: