[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Rules and Regulations]
[Pages 60298-60300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27263]



[[Page 60298]]

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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 [email protected].

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.

[[Page 60299]]

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

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. 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:

2017-25-17 Agusta S.p.A.: Amendment 39-19131; Docket No. FAA-2017-
1173; Product Identifier 2017-SW-030-AD.

 (a) Applicability

    This AD applies to 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, certificated in any category.

 (b) Unsafe Condition

    This AD defines the unsafe condition as a fatigue crack on the 
elevator assembly. This condition could result in failure of the 
elevator, reduced maneuverability of the helicopter, and subsequent 
loss of control of the helicopter.

 (c) Affected ADs

    This AD supersedes AD 2011-27-08, Amendment 39-16910 (77 FR 
3382, January 24, 2012).

 (d) Effective Date

    This AD becomes effective January 4, 2018.

 (e) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

[[Page 60300]]

 (f) Required Actions

    (1) Before further flight or before the elevator assembly 
accumulates 400 hours time-in-service (TIS), whichever occurs later, 
inspect the left and right elevator upper skin along the 4th rib 
station rivet line from the leading edge to 200 mm aft with a 10X or 
higher power magnifying glass for a crack in the area depicted in 
Figure 1 of Leonardo Helicopters Emergency Alert Service Bulletin 
(EASB) No. 109S-076, Revision A, dated May 12, 2017 (EASB 109S-076), 
or EASB No. 109SP-113, Revision A, dated May 12, 2017 (EASB 109SP-
113), as appropriate for your model helicopter. If there is a crack, 
before further flight, replace the elevator assembly.
    (2) Within 10 hours TIS or before the elevator assembly 
accumulates 400 hours TIS, whichever occurs later:
    (i) Drill a 19.05 mm access hole on the lower face of each 
elevator assembly as depicted in Figure 2 of EASB 109S-076 or EASB 
109SP-113, as appropriate for your model helicopter. Apply Alodine 
or equivalent coating and epoxy polyamide primer to the hole 
surface.
    (ii) Using a borescope, inspect the internal area of each 
elevator assembly for a crack along the leading edge and trailing 
edge longerons and upper web as depicted in Figure 3 of EASB 109S-
076 or EASB 109SP-113, as appropriate for your model helicopter. If 
there is a crack, before further flight, replace the elevator 
assembly. Repeat this inspection at intervals not to exceed 25 hours 
TIS.

 (g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards 
Branch, FAA, may approve AMOCs for this AD. Send your proposal to: 
David Hatfield, Aviation Safety Engineer, Safety Management Section, 
Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, 
TX 76177; telephone (817) 222-5110; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office, before operating any aircraft 
complying with this AD through an AMOC.

 (h) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD No. 2017-0085-E, dated May 12, 2017. You may view 
the EASA AD on the internet at http://www.regulations.gov by 
searching for and locating it in Docket No. FAA-2017-1173.

 (i) Subject

    Joint Aircraft Service Component (JASC) Code: 5520 Elevator 
Structure.

 (j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Leonardo Helicopters Emergency Alert Service Bulletin No. 
109S-076, Revision A, dated May 12, 2017.
    (ii) Leonardo Helicopters Emergency Alert Service Bulletin No. 
109SP-113, Revision A, dated May 12, 2017.
    (3) For Leonardo Helicopters service information identified in 
this AD, 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.
    (4) You may view this service information at FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on December 4, 2017.
Scott A. Horn,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2017-27263 Filed 12-19-17; 8:45 am]
 BILLING CODE 4910-13-P


