DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0643; Directorate Identifier 2012-SW-096-AD]
RIN 2120-AA64

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

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
AgustaWestland Model A109S, AW109SP, A119, and AW119 MKII helicopters
to require removing certain rod end assemblies from service. This
proposed AD is prompted by reports of fractures on the rod end
assemblies that could damage the main rotor assembly and lead to loss
of control of the helicopter.

DATES: We must receive comments on this proposed AD by September 23,
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 proposed AD, the economic
evaluation, the foreign authority's AD, 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 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 817-222-5110; email robert.grant@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 rule. 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 European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
No. 2012-0208, dated October 5, 2012, to correct an unsafe condition
for the AgustaWestland Model A109LUH, A109S, AW109SP, A119, and AW119
MKII helicopters. EASA advises that cases of in-flight fractures of rod
end assembly, part number (P/N) M004-01H007-045, installed on main
rotor lag dampers have been reported on Model A109LUH and AW109SP
helicopters. An investigation revealed that two batches of rod end
assemblies, P/N M004-01H007-041 and M004-01H007-045, could have cracks,
according to EASA. EASA states that this condition, if not corrected,
could lead to main rotor damage, possibly resulting in 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 its AD. We are
proposing this AD because we evaluated all known relevant information
and determined that an unsafe condition is likely to exist or develop
on other products of the same type design.

Related Service Information

AgustaWestland issued Bollettino Tecnico (BT) No. 109S-49 for Model
A109S helicopters, BT No. 109SP-052 for Model AW109SP helicopters, and
BT No. 119-50 for Model AW119 and AW119 MKII helicopters. All of the
BTs are dated October 3, 2012. The BTs specify a one-time inspection of
each rod end assembly, P/Ns M004-01H007-041 and M004-01H007-045, to
determine its serial number. The BTs then require removal from service
of certain serial-numbered rod end assemblies because fractures had
been reported on rod ends in these batches. According to the BTs, no
one was injured in the helicopters and no helicopters were damaged
because of these fractures.

Proposed AD Requirements

Within 25 hours time-in-service (TIS), this proposed AD would
require removing each affected rod end assembly from service.

Differences Between This Proposed AD and the EASA AD

EASA requires compliance with the inspection and removal of any
affected parts from service within 25 hours flight hours or three
months. We propose to require removal of the affected parts from
service within 25 hours TIS. The EASA AD applies to AgustaWestland
Model A109LUH, and this proposed AD would not because that model has no
U.S. type certificate.

Costs of Compliance

We estimate that this proposed AD would affect 91 helicopters of
U.S. Registry and that labor costs average $85 a work-hour. Based on these
estimates, we expect the following costs:

Replacing a rod end assembly would require 1.5 work-hours
for a labor cost of $128. Parts would cost $3,918 for a total cost of
$4,046 per helicopter, $368,186 for the U.S. fleet.

According to the manufacturer's service information, 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
manufacturers. 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 proposed 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):