DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1173; Product Identifier 2017-SW-030-AD; Amendment
39-19131; AD 2017-25-17]
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) 2011-27-08 for
Agusta S.p.A. (Agusta) Model A109S and AW109SP helicopters. AD 2011-27-
08 required repetitively inspecting each elevator assembly for a crack.
This new AD retains the initial inspection interval and adds a
repetitive borescope inspection. This AD is prompted by the discovery
of another crack on an elevator assembly since AD 2011-27-08 was
issued. The actions of this AD are intended to prevent an unsafe
condition on these helicopters.

DATES: This AD becomes effective January 4, 2018.
The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of January 4, 2018.
We must receive comments on this AD by February 20, 2018.

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-2017-1173;
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, any
incorporated-by-reference service information, 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. It is also available on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2017-1173.

FOR FURTHER INFORMATION CONTACT: David Hatfield, Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110;
email david.hatfield@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 AD 2011-27-08 (77 FR 3382, January 24, 2012) (2011-27-
08), for Agusta Model A109S and AW109SP helicopters with elevator
assemblies, part number (P/N) 109-0200-02-601, 109-0200-02-801, 109-
0200-02-602, 109-0200-02-802, 109-0200-02-803, or 109-0200-02-804
installed. AD 2011-27-08 required repetitively inspecting the left and
right elevator assemblies for a crack and replacing the elevator
assembly before further flight if there is a crack. AD 2011-27-08 was
prompted by AD No. 2011-0150, dated August 9, 2011 (AD 2011-0150),
issued by EASA, which is the Technical Agent for the Member States of
the European Union, to correct an unsafe condition for Agusta Model
A109S and AW109SP helicopters. EASA advised of a fracture of the left
elevator assembly along the riveting of the upper skin to the fourth
rib due to fatigue.

Actions Since AD 2011-27-08 Was Issued

Since we issued AD 2011-27-08, EASA has issued Emergency AD No.
2017-0085-E, dated May 12, 2017 (EAD 2017-0085-E), which supersedes AD
2011-0150. EASA advises that since AD 2011-0150 was issued, another
crack was found in an elevator assembly during a post-flight inspection
on an A109S helicopter. EAD 2017-0085-E requires a one-time visual or
dye-penetrant inspection of the elevator upper skin in the area of the
fourth rib, and also requires drilling an access hole in each elevator
and performing repetitive inspections of the internal areas with an
endoscope. If there is a crack, EAD 2017-0085-E requires replacing the
cracked elevator assembly or contacting Agusta for an approved repair.
Also, the FAA is in the process of updating Agusta's name change to
Leonardo Helicopters S.p.A. on its FAA type certificate. Because this
name change is not yet effective, this AD specifies Agusta.

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 Under 1 CFR Part 51

Leonardo Helicopters has issued Emergency Alert Service Bulletin
(EASB) No. 109S-076 for Model A109S helicopters, and EASB No. 109SP-113
for Model AW109SP helicopters, both Revision A and dated May 12, 2017.
Each EASB specifies procedures for visually inspecting the elevator
assembly skin for a crack, adding an inspection hole to the elevator
assembly, and inspecting the interior of the elevator assembly with an
endoscope.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

AD Requirements

This AD retains the initial visual inspection of AD 2011-27-08, but
changes the compliance time to before further flight or before the
elevator assembly exceeds 400 hours TIS, whichever occurs later.
The AD also requires, within 10 hours TIS or before the elevator
assembly exceeds 400 hours TIS, whichever occurs later, drilling an
access hole on the lower face of each elevator assembly and performing
a borescope inspection of the internal areas of the elevator assembly
leading edge and trailing edge longerons and upper web for a crack. If
there is a crack, the AD requires replacing the elevator assembly
before further flight. Lastly, this AD requires repeating the borescope
inspection every 25 hours TIS.

Differences Between This AD and the EASA AD

The EASA AD allows a dye-penetrant inspection of the elevator
assembly as an option, while this AD does not.

Costs of Compliance

We estimate that this AD will affect 14 helicopters of U.S.
Registry.
At an average labor rate of $85 per hour, we estimate that
operators may incur the following costs in order to comply with this
AD. Inspecting the elevator assemblies with a magnifying glass will
require 3 work-hours for a cost of $255 per helicopter and $3,570 for
the U.S. fleet.
Drilling an access hole will require 1 work-hour and required parts
cost would be minimal, for a cost of $85 per helicopter and $1,190 for
the U.S. fleet.
Inspecting with a borescope will require 1 work-hour for a cost of
$85 per helicopter and $1,190 for the U.S. fleet per inspection cycle.
If required, replacing a cracked elevator assembly will require 10
work-hours and required parts will cost $23,905 for a cost per
helicopter of $24,755.

FAA's Justification and Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because some of the corrective actions must be accomplished before
further flight. Therefore, we find good cause that notice and
opportunity for prior public comment are impracticable. In addition,
for the reason stated above, we find 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)
2011-27-08, Amendment 39-16910 (77 FR 3382, January 24, 2012), and
adding the following new AD: