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2012-12-10 AGUSTA S.P.A. HELICOPTERS:
Amendment 39-17090; Docket No. FAA-2012-0013; Directorate Identifier 2010-SW-043-AD. 
(a) APPLICABILITY

    This  AD  applies to  Agusta  S.p.A. (Agusta)  Model  AB139 and  AW139
    helicopters, with  a generator  control unit  (GCU), part-number (P/N)
    1152550-3 installed; certificated in any category.

(b) UNSAFE CONDITION

    This  AD defines  the unsafe  condition as  a potential  fault in  the
    overvoltage protection in GCUs currently installed on Model AB139  and
    AW139  helicopters.  This condition  could  result in  failure  of the
    overvoltage  protection  of  the  GCU,  degraded  performance  of  the
    electrical power  generation and  distribution systems,  or fire,  and
    subsequent loss of control of the helicopter.

(c) EFFECTIVE DATE

    This AD becomes effective July 30, 2012.

(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

(1) Remove the No. 1 and No. 2 GCU, P/N 1152550-3. Do not install GCU, P/N
    1152550-3, on any helicopter.

(2) Modify  the  electrical connector A13P1 (GCU No. 1) and A14P1 (GCU No.
    2) by installing the wiring to the power distribution panel (PDP)  for
    your  serial-numbered helicopter  as depicted  in Figure  1 of  Agusta
    Bollettino Tecnico No. 139-133, Rev. A, dated March 17, 2009.

(3) Using either GCU P/N 1152550-4 or GCU P/N 1152550-5,  install  a No. 1
    and No. 2  GCU that has  the same part  number. Having different  part
    -numbered GCUs on the same helicopter is not approved.

(f) ALTERNATIVE METHODS OF COMPLIANCE (AMOCS)

(1) The Manager, Safety Management Group, FAA,  may approve AMOCs for this
    AD.  Send  your  proposal to:  Mark  Wiley,  Aerospace Engineer,  FAA,
    Regulations  and Policy  Group, Rotorcraft  Directorate, 2601  Meacham
    Blvd., Fort Worth,  Texas 76137; telephone  (817) 222-5134; fax  (817)
    222-5961; email mark.wiley@faa.gov.

(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

    The subject of this AD is addressed in European Aviation Safety Agency
    (EASA) AD No. 2009-0042, dated February 25, 2009.

(h) SUBJECT

    Joint  Aircraft Service  Component (JASC)  Code: 2430,  DC generating
    system.

(i) MATERIAL INCORPORATED BY REFERENCE

(1) The  Director  of  the  Federal Register approved the incorporation by
    reference (IBR) of  the following service  information under 5  U.S.C.
    552(a) and 1 CFR part 51.

(2) You  must  use  the  following  service  information to do the actions
    required by this AD, unless the AD specifies otherwise.

(3) The  following  service  information  was approved for IBR on July 10,
    2012.

(i) Agusta Bollettino Tecnico No. 139-133, Rev. A, dated March 17, 2009.

(4) 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.

(5) You  may  review  a  copy of the referenced service information at the
    FAA, Office of  the Regional Counsel,  Southwest Region, 2601  Meacham
    Blvd., Room 663, Fort Worth,  Texas 76137 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/i
    br_locations.html.

Issued  in  Fort  Worth,  Texas, on  June  8,  2012.  Kim Smith,  Manager,
Rotorcraft Directorate, Aircraft Certification Service.

FOR  FURTHER INFORMATION  CONTACT: Mark  Wiley,  Aerospace  Engineer, FAA,
Regulations and Policy Group, Rotorcraft Directorate, 2601 Meacham  Blvd.,
Fort Worth,  Texas 76137;  telephone (817)  222-5134; fax  (817) 222-5961;
email mark.wiley@faa.gov.
PREAMBLE 

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta
S.p.A. (Agusta) Model AB139 and AW139 helicopters with a certain
generator control unit (GCU), to require replacing each affected GCU
with an airworthy GCU. This AD was prompted by laboratory tests which
revealed a potential fault in the overvoltage protection on a certain
part-numbered GCU. The actions are intended to prevent failure of the
overvoltage protection of the GCU, degraded performance of the
electrical power generation and distribution systems, a fire, and
subsequent loss of control of the helicopter.

DATES: This AD is effective July 30, 2012.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 30,
2012.

ADDRESSES: 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 a copy of
the referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.
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, any incorporated-by-reference
service information, the economic evaluation, any comments received,
and other information. The street address for the Docket Operations
Office (phone: 800-647-5527) is U.S. Department of Transportation,
Docket Operations Office, M-30, West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Mark Wiley, Aerospace Engineer, FAA,
Regulations and Policy Group, Rotorcraft Directorate, 2601 Meacham
Blvd., Fort Worth, Texas 76137; telephone (817) 222-5134; fax (817)
222-5961; email mark.wiley@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

On January 20, 2012, at 77 FR 2926, the Federal Register published
our Notice of Proposed Rulemaking (NPRM), which proposed to amend 14
CFR part 39 to include an AD that would apply to Agusta Model AB139 and
AW139 helicopters, with a GCU, part-number (P/N) 1152550-3, installed.
That NPRM proposed to require, within 6 months, removing the No. 1 and
No. 2 GCU, P/N 1152550-3, modifying the electrical connectors A13P1 and
A14P1 by installing wiring to the power distribution panel, and
installing a No. 1 and No. 2 GCU with P/N 1152550-4 or 1152550-5. Both
GCUs must have identical P/Ns on the same helicopter. The proposed
requirements were intended to prevent failure of the overvoltage
protection of the GCU, degraded performance of the electrical power
generation and distribution systems, a fire, and subsequent loss of
control of the helicopter.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
No. 2009-0042, dated February 25, 2009 (AD 2009-0042), to correct an
unsafe condition for the Agusta Model AB139 and AW139 helicopters, all
serial numbers (S/Ns) except S/Ns 31002, 31003, 31004, and
31007. EASA advises that laboratory tests performed on a new GCU model
under development have shown a potential fault in the overvoltage
protection of currently installed GCUs, P/N 1152550-3. EASA also
advises that this condition, if not corrected, could adversely affect
the helicopter's electrical power generation and distribution system
functionalities.

Comments

We gave the public the opportunity to participate in developing
this AD, but we did not receive any comments on the NPRM.

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, the EASA, its 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 the EASA and determined that an unsafe
condition exists and is likely to exist or develop on other helicopters
of these same type designs. We have determined that air safety and the
public interest require adopting the AD requirements as proposed,
except for a typographical correction in the Related Service
Information paragraph of the NPRM, which referred to the EASA AD as
``2009-0048'' instead of ``2009-0042.'' This change is consistent with
the intent of the proposals in the NPRM and will not increase the
economic burden on any operator nor increase the scope of the AD.

Differences Between This AD and the EASA AD

The EASA AD does not apply to certain serial-numbered Model AB139
and AW139 helicopters, whereas this AD applies to all serial-numbered
Model AB139 and AW139 helicopters.

Related Service Information

Agusta S.p.A. issued Mandatory Bollettino Tecnico No. 139-133, Rev.
A, dated March 17, 2009 (BT), for Model AB139 and AW139 helicopters,
S/Ns 31005 up to S/N 31143, except for S/Ns 31007, 31037,
31038, 31094; S/N 31112; S/Ns 31146 up to S/N 31148;
S/N 31155; S/Ns 31201 up to S/N 31218; and S/Ns 41001
up to S/N 41022, except S/N 41007; with a GCU, P/N 1152550-3.
This BT specifies, within 6 months from receipt of the BT, removing
GCU, P/N 1152550-3, modifying electrical connector A13P1 and A14P1, and
replacing each GCU with an airworthy GCU, P/N 1152550-4 or 1152550-5,
to improve electrical power generation and distribution system
functionalities. EASA classified this BT as mandatory and issued AD
2009-0042 to ensure the continued airworthiness of these helicopters.

Costs of Compliance

We estimate that this AD will affect 72 helicopters of U.S.
Registry.
We estimate that operators may incur the following costs in order
to comply with this AD. We estimate that it will take about 4 work-
hours to perform the required actions of this AD per helicopter at an
average labor rate of $85 per work-hour, and required parts will cost
about $42,384 per helicopter. Based on these figures, we estimate the
cost to be $42,724 per helicopter and the total cost impact of the AD
for U.S. operators to be $3,076,128.
According to the Agusta 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 Agusta.
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 helicopters identified in this
rulemaking action.

Regulatory Findings

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 above, 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 airworthiness
directive (AD):