DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1135; Directorate Identifier 2012-SW-097-AD;
Amendment 39-17281; AD 2012-21-52]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. (Type Certificate
Currently Held by AgustaWestland S.p.A.) (Agusta) Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: We are publishing a new airworthiness directive (AD) for
Agusta Model AW139 helicopters, which was sent previously to all known
U.S. owners and operators of these helicopters. This AD requires
inspecting the pilot's and co-pilot's collective and cyclic control
sticks for correctly installed attaching hardware. This AD is prompted
by a report of an incorrectly installed pilot's collective stick,
pilot's cyclic stick, and co-pilot's cyclic stick. These actions are
intended to prevent detachment of the cyclic or collective control
stick, and subsequent loss of control of the helicopter.

DATES: This AD becomes effective December 26, 2012 to all persons
except those persons to whom it was made immediately effective by
Emergency AD 2012-21-52, issued on October 23, 2012, which contained
the requirements of this AD.

We must receive comments on this AD by February 8, 2013.

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
AgustaWestland, 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 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: Robert Grant, Aviation Safety
Engineer, Safety Management Group, FAA, 2601 Meacham Blvd., Fort Worth, Texas
76137; telephone 817-222-5328; email robert.grant@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

On October 23, 2012, we issued Emergency AD 2012-21-52, which
requires inspecting the pilot's and co-pilot's collective and cyclic
control sticks for correctly installed attaching hardware, and
reinstalling the affected stick before further flight if the hardware
is not correct. The European Aviation Safety Agency (EASA), which is
the Technical Agent for the Member States of the European Union, issued
EASA AD No. 2012-0213-E, dated October 16, 2012, to correct an unsafe
condition for certain Agusta Model AW139 helicopters. EASA advises that
an incident of an incorrectly installed pilot's collective stick,
pilot's cyclic stick, and co-pilot's cyclic stick was reported. This
condition, if not detected and corrected, could lead to in-flight
detachment of the cyclic or collective sticks and subsequent loss of
control of the helicopter.

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, 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
EASA and determined the unsafe condition exists and is likely to exist
or develop on other helicopters of the same type design.

Related Service Information

Agusta has issued Bollettino Tecnico (BT) No. 139-308, dated
October 16, 2012. The BT describes procedures to inspect the pilot's
and co-pilot's collective and cyclic sticks for the correct
installation of bolts, washers, self-locking nuts, cotter pins, ring
nuts, and quick-release pins. If any collective or cyclic stick is
incorrectly installed, the BT requires reinstalling the affected
control stick.

AD Requirements

This AD requires, within 5 hours time-in-service (TIS):
Inspecting the pilot collective and cyclic control sticks
for the correct installation of the attachment bolts, washers, self-
locking nuts, and cotter pins. If the installed hardware is not as
prescribed in this AD, before further flight, reinstalling the pilot
collective or cyclic control stick.

Inspecting the co-pilot collective and cyclic control
sticks for the correct installation of the ring nuts and quick-release
pins. If the installed hardware is not as prescribed in this AD, before
further flight, reinstalling the co-pilot collective or cyclic control stick.

Differences Between This AD and the EASA AD

The EASA AD allows compliance within 1 week or 5 flight-hours; this
AD requires compliance within 5 hours TIS.

Costs of Compliance

We estimate that this AD will affect 45 helicopters of U.S.
Registry. We estimate that operators may incur the following costs in
order to comply with this AD. Inspecting the pilot's and co-pilot's
collective and cyclic stick installation will require about 1 work-hour
at an average labor rate of $85 per hour, for a cost per helicopter of
$85 and a cost to U.S. operators of $3,825.

Reinstalling a cyclic or collective stick will require about 1
work-hour, at an average labor rate of $85 per hour, for a cost per
helicopter of $85.

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 found and
continue to find that the risk to the flying public justifies waiving
notice and comment prior to the adoption of this rule because the
previously described unsafe condition can adversely affect the
controllability of the helicopter and the required corrective actions
must be accomplished within 5 hours TIS.

Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment before issuing this AD
were impracticable and contrary to the public interest and good cause
existed to make the AD effective immediately by Emergency AD 2012-21-
52, issued on October 23, 2012 to all known U.S. owners and operators
of these helicopters. These conditions still exist and the AD is hereby
published in the Federal Register as an amendment to section 39.13 of
the Federal Aviation Regulations (14 CFR 39.13) to make it effective to
all persons.

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 airworthiness
directive (AD):