DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0940; Product Identifier 2017-SW-058-AD; Amendment
39-19233; AD 2018-07-02]
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 adopting a new airworthiness directive (AD) for
Agusta
S.p.A. (Agusta) Model A109E, A109S, AW109SP, A119, and AW119 MKII
helicopters. This AD requires inspecting the main rotor blade (MRB) tip
cap for disbonding. This AD is prompted by a report of the in-flight
loss of an MRB tip cap. The actions of this AD are intended to prevent
an unsafe condition on these products.
DATES: This AD becomes effective April 13, 2018.
The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of April 13, 2018.
We must receive comments on this AD by May 29, 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-
0940; or in person at Docket Operations 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
Docket Operations (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-2017-0940.
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
EASA, which is the Technical Agent for the Member States of the
European Union, has issued AD No. 2017-0176-E, dated September 14,
2017, to correct an unsafe condition for Leonardo S.p.A. (previously
Agusta) Model A109E, A109LUH, A109S, AW109SP, A119, and AW119 MKII
helicopters. EASA advises of an in-flight loss of an MRB tip cap on an
AW109SP helicopter where the pilot was able to safely land the
helicopter. EASA further advises that an investigation determined the
cause as incorrect bonding procedures used between specific dates and
identified the affected MRBs by part number and serial number.
According to EASA, this condition could result in loss of an MRB tip
cap, increased pilot workload, and reduced control of the helicopter.
To address this unsafe condition, the EASA AD requires repetitive
inspections of the MRB tip caps and replacing certain part-numbered
MRBs.
The FAA is in the process of updating Agusta's name change to
Leonardo Helicopters on its 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. 109EP-157 for Model A109E helicopters, EASB No. 109S-077 for
Model A109S helicopters, and EASB No. 109SP-116 for Model AW109SP
helicopters, all dated September 8, 2017. Leonardo Helicopters has also
issued EASB No. 119-085, Revision A, dated September 11, 2017, for
Model A119 and AW119 MKII helicopters. This service information
identifies certain part-numbered and serial-numbered MRBs for
applicability and describes procedures for tap inspecting the tip cap
for disbonding.
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
For helicopters with an MRB part number 709-0104-01-111 with serial
number 1307, 1320, 1346, 1365, 1372, 1380, 1414, 1426, 1436, 1475, or
1485 installed, this AD requires, within 5 hours time-in-service (TIS)
and thereafter at intervals not exceeding 5 hours TIS, tap inspecting
the MRB tip cap for disbonding and, if there is disbonding, removing
the MRB from service before further flight. If there is no disbonding
on any of the inspections, this AD requires removing the MRB from
service within 25 hours TIS. After the effective date of this AD, this
AD prohibits installing these serial-numbered MRBs on any helicopter.
For all other helicopters, this AD requires, within 25 hours TIS
and thereafter at intervals not exceeding 25 hours TIS, tap inspecting
the MRB tip cap for disbonding. If there is any disbonding, this AD
requires removing the MRB from service before further flight. The
repetitive inspections required for these MRBs would no longer be
required after the MRB accumulates 400 hours TIS.
Differences Between This AD and the EASA AD
The EASA AD applies to Model A109LUH helicopters, while this AD
does not as that model helicopter is not type-certificated in the U.S.
The EASA AD requires that you contact Leonardo Helicopters, and this AD
does not.
Costs of Compliance
We estimate that this AD affects 130 helicopters of U.S. Registry.
At an average labor rate of $85 per work-hour, we estimate that
operators may incur the following costs in order to comply with this
AD. Tap inspecting the MRB tip caps will require 1 work-hour, for a
cost per helicopter of $85 and a cost of $11,050 for the U.S. fleet per
inspection cycle. If required, replacing one MRB will require 4 work-
hours and required parts will cost $89,179, for a cost per helicopter
of $89,519.
According to Leonardo Helicopters' 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 Helicopters. Accordingly, we have included all
costs in our cost estimate.
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 the corrective actions required by this AD must be accomplished
within 5 hours TIS and 25 hours TIS.
Therefore, we find good cause that notice and opportunity for prior
public comment are impracticable. In addition, for the reasons 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 adding the following new airworthiness
directive (AD):
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