[Federal Register: June 26, 2003 (Volume 68, Number 123)]
[Rules and Regulations]
[Page 37957-37960]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn03-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-SW-26-AD; Amendment 39-13198; AD 2003-12-13]
RIN 2120-AA64
Airworthiness Directives; Agusta S.p.A. Model A109K2 Helicopters
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) for
[[Page 37958]]
Agusta S.p.A (Agusta) Model A109K2 helicopters. This action requires a
visual check of each tail rotor blade (blade) for a crack; a visual
inspection of each blade for a crack at specified intervals; and if
necessary, a dye-penetrant inspection. Replacing any cracked blade with
an airworthy blade before further flight is also required. This
amendment is prompted by a report of a crack that occurred on an Agusta
Model A109K2 blade. The actions specified in this AD are intended to
detect fatigue cracks on the blades, which could result in loss of the
blades and loss of control of the helicopter.
DATES: Effective July 11, 2003.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 11, 2003.
Comments for inclusion in the Rules Docket must be received on or
before August 25, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Office of the Regional Counsel, Southwest Region,
Attention: Rules Docket No. 2003-SW-26-AD, 2601 Meacham Blvd., Room
663, Fort Worth, Texas 76137. You may also send comments electronically
to the Rules Docket at the following address: 9-asw-adcomments@faa.gov.
229111, fax 39 (0331) 229605-222595. This information may be examined
at the FAA, Office of the Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth, Texas; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC.
FOR FURTHER INFORMATION CONTACT: Richard Monschke, Aviation Safety
Engineer, FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort
Worth, Texas 76193-0110, telephone (817) 222-5116, fax (817) 222-5961.
SUPPLEMENTARY INFORMATION: The Ente Nazionale per l'Aviazione Civile
(ENAC), the airworthiness authority for Italy, notified the FAA that an
unsafe condition may exist on Agusta A 109K2 helicopters. ENAC advises
that checks/inspections are required to verify the presence of cracks
on the blades, part number (P/N) 109-8132-01-107.
Agusta has issued Alert Bollettino Tecnico No. 109K-35, dated May
13, 2003 (ABT), which specifies checks/inspections to verify the
possible presence of cracks on the upper and lower surfaces of blades
having accumulated 1,500 or more operating hours. ENAC classified this
ABT as mandatory and issued AD N.2003-169, dated May 16, 2003, to
ensure the continued airworthiness of these helicopters in Italy.
This helicopter model is manufactured in Italy and is type
certificated for operation in the United States under the provisions of
14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the
applicable bilateral agreement, ENAC has kept the FAA informed of the
situation described above. The FAA has examined the findings of the
ENAC, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
This unsafe condition is likely to exist or develop on other Agusta
Model A109K2 helicopters of the same type design registered in the
United States. Therefore, this AD is being issued to detect fatigue
cracks on the blades, which could result in loss of the blades and loss
of control of the helicopter. This AD requires:
[sbull] Visually checking the upper and lower surfaces of the
blades for cracks prior to each start of the helicopter engines.
[sbull] Visually inspecting the blades using a 5x or higher
magnifying glass before the first flight of each day, and thereafter at
intervals not to exceed 5 hours time-in-service (TIS), and anytime an
increase in vibration levels occurs.
[sbull] Inspecting the blades using a dye-penetrant method after
each of the visual inspections in which you used a 5x or higher
magnifying glass if you are unable to determine by the visual
inspection whether there is a crack.
[sbull] Replacing any cracked blade with an airworthy blade before
further flight. The actions must be done in accordance with the ABT
described previously. The short compliance time involved is required
because the previously described critical unsafe condition can
adversely affect the controllability and structural integrity of the
helicopter. Therefore, the visual checks, visual inspections, dye-
penetrant inspections, if necessary, and replacing any cracked blade
are required before further flight or within 5 hours TIS, as indicated,
and this AD must be issued immediately.
The visual check required by paragraph (a) of this AD may be
performed by an owner/operator (pilot) holding at least a private pilot
certificate, but must be entered into the aircraft records showing
compliance in accordance with 14 CFR 43.11 and 91.417(a)(2)(v). This AD
allows a pilot to perform this check because it involves only a visual
check for a crack in a surface of the blade, and can be performed
equally well by a pilot or a mechanic.
The unsafe condition described previously is likely to exist or
develop on other helicopters of the same type design registered in the
United States. Therefore, this AD is being issued to detect a fatigue
crack on the blades, which could result in loss of the blades and loss
of control of the helicopter.
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's AD system. The
regulation now includes material that relates to altered products,
special flight permits, and alternative methods of compliance. Because
we have now included this material in part 39, we no longer need to
include it in each individual AD.
The FAA estimates that this AD will affect 5 helicopters, and the
inspections and replacement will take approximately 2.5 work hours to
accomplish at an average labor rate of $60 per work hour. Required
parts will cost approximately $20,000 per helicopter. Based on these
figures, the total estimated cost impact of the AD on U.S. operators is
$100,750, assuming all blades are replaced one time.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications should identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available in the Rules Docket for examination by interested persons. A
report that summarizes each FAA-public contact concerned with the
substance of this AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their mailed
comments submitted in response to this
[[Page 37959]]
rule must submit a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. 2003-SW-26-AD.''
The postcard will be date stamped and returned to the commenter.
The regulations adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. Section 39.13 is amended by adding a new airworthiness directive to
read as follows:
2003-12-13 Agusta S.p.A.: Amendment 39-13198. Docket No. 2003-SW-26-
AD.
Applicability: Model A109K2 helicopters with tail rotor blades
(blades), part number (P/N) 109-8132-01-107, having 1,500 or more
hours time-in-service (TIS), installed, certificated in any
category.
Compliance: Required as indicated, unless accomplished
previously.
To detect a fatigue crack on the blades, which could result in
loss of the blades and loss of control of the helicopter, accomplish
the following:
(a) Before each start of the helicopter engines, visually check
the upper and lower surfaces of each blade for a crack in the area
depicted in Figure 1 of this AD. An owner/operator (pilot) holding
at least a private pilot certificate may perform this check, but
must enter compliance with this paragraph into the aircraft records
in accordance with 14 CFR sections 43.11 and 91.417(a)(2)(v). See
Figure 1:
[GRAPHIC] [TIFF OMITTED] TR26JN03.000
Note 1: Paint irregularities on the blade may be due to a crack.
(b) Before the first flight of each day, and thereafter at
intervals not to exceed 5 hours TIS, and anytime an increase in
vibration levels occurs, inspect each blade for a crack using a 5x
or higher magnifying glass in accordance with Part II of the
Compliance Instructions of Alert Bollettino Tecnico No. 109K-35,
dated May 13, 2003 (ABT) and Figure 1 of this AD.
(c) After each visual inspection using a 5x or higher magnifying
glass and before further flight, if you are unable to determine by
the visual inspection whether there is a crack, inspect each blade
for a crack using a dye-penetrant method in accordance with Part II
of the Compliance Instructions of the ABT and Figure 1 of this AD.
(d) If a crack is found, replace each cracked blade with an
airworthy blade before further flight.
(e) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Safety Management Group, Rotorcraft Directorate, FAA,
for information about previously approved alternative methods of
compliance.
(f) Special flight permits will not be issued.
[[Page 37960]]
(g) The inspections and replacements, if necessary, shall be
done in accordance with Agusta Alert Bollettino Tecnico No. 109K-35,
dated May 13, 2003, except reporting findings of cracks to Agusta
Service Engineering is not required. This incorporation by reference
was approved by the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from
Agusta, 21017 Cascina Costa di Samarate (VA) Italy, Via Giovanni
Agusta 520, telephone 39 (0331) 229111, fax 39 (0331) 229605-222595.
Copies may be inspected at the FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas;
or at the Office of the Federal Register, 800 North Capitol Street,
NW., suite 700, Washington, DC.
(h) This amendment becomes effective on July 11, 2003.
Note 2: The subject of this AD is addressed in Ente Nazionale
per l'Aviazione Civile (Italy) AD N.2003-169, dated May 16, 2003.
Issued in Fort Worth, Texas, on June 11, 2003.
Jerald E. Strentz,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 03-15447 Filed 6-25-03; 8:45 am]
BILLING CODE 4910-13-U