DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0308; Product Identifier 2016-SW-083-AD; Amendment
39-19022; AD 2017-18-13]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2015-22-51 for
Agusta S.p.A. (Agusta) Model A109A and A109A II helicopters. AD 2015-
22-51 required pre-flight checking and inspecting each main rotor blade
(blade) for a crack and replacing any cracked blade. This new AD
removes the check and requires inspecting each blade more frequently.
This AD is prompted by a crack that was not detected during any of the
pre-flight checks. The actions of this AD are intended to address the
unsafe condition on these products.

DATES: This AD becomes effective September 25, 2017.
We must receive comments on this AD by November 7, 2017.

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 by searching for and locating Docket No. FAA-2017-
0308; 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 European Aviation Safety Agency (EASA) 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 final rule, contact
Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness,
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone
+39-0331-711756; fax +39-0331-229046; or at http://www.leonardocompany.
com/-/bulletins. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX
76177.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110;
email matthew.fuller@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

We issued Emergency AD 2015-22-51, which was published in the
Federal Register as a Final rule; request for comments on February 1,
2016, at 81 FR 5037. AD 2015-22-51 applied to Agusta Model A109A and
A109AII helicopters with a blade part number (P/N) 109-0103-01-7, P/N
109-0103-01-9, or P/N 109-0103-01-115 that had 500 or more hours time-
in-service (TIS). AD 2015-22-51 required, before further flight and
every 24 clock-hours, inspecting the top and bottom surface of each
blade for a crack. AD 2015-22-51 also required, before each flight,
checking the top and bottom surface of each blade for a crack. AD 2015-
22-51 allowed this check to be performed by a pilot and required
further inspection of the blade if there was a crack.
AD 2015-22-51 was prompted by AD No. 2015-0190-E, dated September
18, 2015, issued by EASA, which is the Technical Agent for the Member
States of the European Union, to correct an unsafe condition for Agusta
Model A109A and A109A II helicopters. EASA advised that abnormal
vibrations were reported during a flight on a Model A109A II
helicopter. During a post-flight inspection, a crack was found on a P/N
109-0103-01-9 blade. EASA AD No. 2015-0190-E required pre-flight
inspections and repetitive inspections of each blade. EASA advised that
due to similarity of design, the inspections also applied to P/N 109-
0103-01-7 and P/N 109-0103-01-115 blades. EASA further advised that a
cracked blade, if not detected and corrected, could affect the
structural integrity of the blade, possibly resulting in blade failure
and loss of control of the helicopter. EASA revised its AD and issued
AD No. 2015-0190R1, dated October 23, 2015, to extend the interval of
the repetitive inspections to 10 flight hours.

Actions Since AD 2015-22-51 Was Issued

Since we issued AD 2015-22-51, Leonardo Helicopters (previously
Agusta) issued Alert Bollettino Tecnico (BT) No. 109-150, Revision B,
dated October 21, 2016, and EASA superseded AD 2015-0190R1 by issuing
AD No. 2016-0213, dated October 26, 2016. EASA AD No. 2016-0213 was
prompted by a crack in a blade P/N 109-0103-01-9 on a Model A109A II
helicopter that was not detected during any of the pre-flight
inspections. Upon a subsequent review of data, it was determined that
the pre-flight inspections were ineffective to address the unsafe
condition and that a shorter interval of the repetitive inspection is
necessary. For these reasons, EASA AD 2016-0213 requires inspecting the
blades for a crack at intervals not exceeding five flight hours.
Additionally, the FAA is in the process of updating Agusta's name
change to Leonardo Helicopters on its FAA type certificate. Because
this name change is not yet effective, this AD specifies Agusta.

Comments on AD 2015-22-51

After our Final rule; request for comments was published, we
received comments from one commenter.

Request

The commenter stated the AD's cost estimate for a new blade is
erroneous, and while the AD identifies the cost of a single inspection,
it does not account for the cumulative cost of the daily inspection
over time.
We agree. We have revised the cost of the blade in this final rule.
As far as a cumulative cost of the repetitive inspections, this new AD
changes the compliance interval to every 5 hours TIS. Since the
cumulative cost would be different for every operator, we have made no
change to the estimated costs in this regard.
The commenter also requested the FAA require Agusta to design and
provide a new blade to operators at no charge. The commenter stated the
actual cost of the AD is financially devastating to operators and
renders the helicopter worthless.
We do not have the authority to direct manufacturers to provide
parts or repairs to operators at no charge. We can only require repair
or replacement of defective components that are installed on the
helicopter. In light of this, we have made no change to the AD in this
regard.

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 these same type designs.

Related Service Information

We reviewed Leonardo Helicopters Alert BT No. 109-150, Revision B,
dated October 21, 2016. This service information specifies inspecting
the top and bottom surfaces of each blade for a crack in the area
between station 1550 (the station at the end of the doublers) and
station 3100 (the station at the beginning of the abrasion strip) for a
crack every 5 flight hours and replacing a cracked blade.

AD Requirements

This AD requires, before further flight, unless done within the
last 5 hours TIS, and thereafter at intervals not to exceed 5 hours
TIS, visually inspecting the top and bottom surface of each blade for a
crack in the area between stations 1550 and 3100 using a 3X or higher
power magnifying glass. If there is a crack, this AD requires replacing
the blade.

Differences Between This AD and the EASA AD

The EASA AD requires a type II dye penetrant inspection if in doubt
about whether there is a crack, while this AD does not. The EASA AD
also includes warning the pilot regarding cracked blades resulting in
possible vibration, while this AD does not.

Interim Action

We consider this AD interim action. If final action is later
identified, we might consider further rulemaking then.

Costs of Compliance

We estimate that this AD affects 33 helicopters of U.S. Registry.
We estimate that operators may incur the following costs in order to
comply with this AD. Labor costs are estimated at $85 per work-hour. We
estimate 8 work-hours to inspect a set of four blades at a cost of $680
per helicopter and $22,440 for the fleet per inspection cycle. We
estimate 4 work-hours to replace a blade and the required parts will
cost $124,000, for a replacement cost of $124,340 per blade.
According to Leonardo Helicopter's 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 Leonardo Helicopter. 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 the required corrective
actions must be completed before further flight or within 5 hours TIS
after the effective date of this AD.
Since an unsafe condition exists that requires the immediate
adoption of this AD, we determined that notice and opportunity for
public comment before issuing this AD are impracticable 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 removing Airworthiness Directive (AD)
2015-22-51, Amendment 39-18386 (81 FR 5037, February 1, 2016), and
adding the following new AD: