Airworthiness Directives; Costruzioni Aeronautiche Giovanni Agusta S.p.A. Model A109A, A109AII, and A109C Series Helicopters

DEPARTMENT OF TRANSPORTATION

14 CFR Part 39

[Docket No. 94-SW-12-AD]

Airworthiness Directives; Costruzioni Aeronautiche Giovanni

Agusta S.p.A. Model A109A, A109AII, and A109C Series Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness

directive (AD) that is applicable to certain Costruzioni Aeronautiche

Giovanni Agusta S.p.A. Model A109A, A109AII, and A109C series

helicopters. This proposal would require a modification of the tail

boom vertical fin to create inspection openings that permit initial and

repetitive visual inspections for cracks in the vertical fin rear spar

attachment area. This proposal is prompted by four reports of cracks in

the tail boom vertical fin rear spar attachment area. The actions

specified by the proposed AD are intended to prevent failure of the

vertical fin attachment caused by cracks in the tail boom vertical fin

rear spar attachment area, and subsequent loss of control of the

helicopter.

DATES: Comments must be received by February 6, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation

Administration (FAA), Office of the Assistant Chief Counsel, 2601

Meacham Blvd., Room 663, Fort Worth, Texas 76137. Comments may be

inspected at this location between 9:00 a.m. and 3:00 p.m., Monday

through Friday, except Federal holidays.

The service information referenced in the proposed rule may be

obtained from Agusta, Direzione Supporto Prodotto E Servizi, 21019

Somma Lombardo (VA), Via per Tornavento, 15. This information may be

examined at the FAA, Office of the Assistant Chief Counsel, 2601

Meacham Blvd., Room 663, Fort Worth, Texas.

FOR FURTHER INFORMATION CONTACT: Mr. James Major, Aerospace Engineer,

Rotorcraft Standards Staff, FAA, Rotorcraft Directorate, 2601 Meacham

Blvd., Fort Worth, Texas, 76137, telephone (817) 222-5117, fax (817)

222-5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to participate in the making of the

proposed 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 above. All

communications received on or before the closing date for comments,

specified above, will be considered before taking action on the

proposed rule. The proposals contained in this notice may be changed in

light of the comments received.

Comments are specifically invited on the overall regulatory,

economic, environmental, and energy aspects of the proposed rule. All

comments submitted will be available, both before and after the closing

date for comments, in the Rules Docket for examination by interested

persons. A report summarizing each FAA-public contact concerned with

the substance of this proposal will be filed in the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments

submitted in response to this notice must submit a self-addressed,

stamped postcard on which the following statement is made: ``Comments

to Docket No. 94-SW-12-AD.'' The postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this NPRM by submitting a request

to the FAA, Office of the Assistant Chief Counsel, Attention: Rules

Docket No. 94-SW-12-AD, 2601 Meacham Blvd., Room 663, Fort Worth,

Texas, 76137.

Discussion

The Registro Aeronautico Italiano (RAI), which is the airworthiness

authority for Italy, recently notified the FAA that an unsafe condition

may exist on Costruzioni Aeronautiche Giovanni Agusta S.p.A. Model

A109A, A109AII, and A109C series helicopters. The RAI advises that

there have been four reports of cracks in the tail boom vertical fin

rear spar attachment area, which is currently not accessible for

inspection.

Costruzioni Aeronautiche Giovanni Agusta S.p.A. has issued Agusta

Bollettino Tecnico No. 109-96, dated March 30, 1994 (service bulletin),

which specifies a modification of the tail boom vertical fin on certain

helicopters to create inspection openings that permit visual inspection

for cracks in the vertical fin rear spar attachment area, and specifies

initial and repetitive visual inspections for cracks in the vertical

fin rear spar attachment area. The RAI classified this service bulletin

as mandatory and issued RAI AD 94-098, dated April 22, 1994, in order

to assure the continued airworthiness of these helicopters in Italy.

These helicopter models are manufactured in Italy and are type

certificated for operation in the United States under the provisions of

Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness agreement. Pursuant to this

bilateral airworthiness agreement, the RAI has kept the FAA informed of

the situation described above. The FAA has examined the findings of the

RAI, 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.

Since an unsafe condition has been identified that is likely to

exist or develop on other Costruzioni Aeronautiche Giovanni Agusta

S.p.A. Model A109A, A109AII, and A109C series helicopters of the same

type design registered in the United States, the proposed AD would

require, within the next 100 hours time-in-service (TIS), an initial

visual inspection for cracks in the vertical fin rear spar attachment

area and modification of the tail boom vertical fin to create

inspection openings that permit recurring visual inspections.

Thereafter, it would require repetitive visual inspections for cracks

in the vertical fin rear spar attachment area at intervals not to

exceed 300 hours TIS. This proposal is prompted by four reports of

cracks in the tail boom vertical fin rear spar attachment area. The

actions would be required to be accomplished in accordance with the

service bulletin described previously.

The FAA estimates that 73 helicopters of U.S. registry would be

affected by this proposed AD, 14 helicopters with tail boom, part

number (P/N) 109-0370-01 installed, and 59 helicopters with tail boom,

P/N 109-0370-17 installed, that it would take (1) approximately 4 work

hours per helicopter to initially modify and inspect those helicopters

with tail boom, part number (P/N) 109-0370-01; (2) approximately 6 work

hours per helicopter to initially modify and inspect those helicopters

with tail boom, P/N 109-0370-17; and, (3) approximately 1 work hour per

helicopter to conduct the repetitive inspection regardless of which

tail boom is installed, and that the average labor rate is $60 per work

hour. Required parts would cost approximately $140 for helicopters with

tail boom, P/N 109-0370-01 and $280 for helicopters with tail boom, P/N

109-0370-17. Based on these figures, the total cost impact of the

proposed AD on U.S. operators during the first year is estimated to be

$5,320 for helicopters with tail boom, P/N 109-0370-01, and $37,760 for

helicopters with tail boom, P/N 109-0370-17, and for each subsequent

year, regardless of the type of tail boom installed, $180, assuming

that three helicopters are subject to the repetitive inspection each

year.

The regulations proposed herein would not have substantial direct

effects 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, in

accordance with Executive Order 12612, it is determined that this

proposal would not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

For the reasons discussed above, I certify that this proposed

regulation (1) is not a ``significant regulatory action'' under

Executive Order 12866; (2) is not a ``significant rule'' under the DOT

Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

and (3) if promulgated, 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. A copy of the draft

regulatory evaluation prepared for this action is contained in the

Rules Docket. A copy of it may be obtained by contacting the Rules

Docket at the location provided under the caption ``ADDRESSES.''

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the authority delegated to me by the

Administrator, the Federal Aviation Administration proposes to amend

part 39 of the Federal Aviation Regulations (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. App. 1354(a), 1421 and 1423; 49 U.S.C.

106(g); and 14 CFR 11.89.

Sec. 39.13 [Amended]

2. Section 39.13 is amended by adding a new airworthiness directive

to read as follows:

Costruzioni Aeronautiche Giovanni Agusta S.P.A.: Docket No. 94-SW-

12-AD.

Applicability: Model A109A, A109AII, and A109C series

helicopters, serial number (S/N) 7670 and lower, excluding S/N 7630,

7633, 7645, 7651, 7654, 7663, 7665, 7666, 7667, 7668, and 7669,

certificated in any category.

Compliance: Required as indicated, unless accomplished previously.

To prevent failure of the vertical fin attachment caused by

cracks in the tail boom vertical fin rear spar attachment area, and

subsequent loss of control of the helicopter, accomplish the

following:

(a) Within the next 100 hours time-in-service (TIS), modify the

tail boom vertical fin and perform a visual inspection for cracks in

the vertical fin rear spar attachment area in accordance with Part I

of the Accomplishment Instructions of Agusta Bollettino Tecnico No.

109-96, dated March 30, 1994.

(1) For helicopters with tail boom, part number (P/N) 109-0370-

01, perform the modification using modification kit, P/N 109-0822-

38-101, in accordance with steps 5 through 8 of Part I of the

Accomplishment Instructions of Agusta Bollettino Tecnico No. 109-96,

dated March 30, 1994.

(2) For helicopters with tail boom, P/N 109-0370-17, perform the

modification using modification kit, P/N 109-0822-38-103, in

accordance with steps 9 through 12 of Part I of the Accomplishment

Instructions of Agusta Bollettino Tecnico No. 109-96, dated March

30, 1994.

(b) Thereafter, at intervals not to exceed 300 hours TIS from

the last inspection, remove the vertical fin leading edge fairing

assembly and visually inspect the vertical fin rear spar attachment

area for cracks in accordance with Part II of the Accomplishment

Instructions of Agusta Bollettino Tecnico No. 109-96, dated March

30, 1994.

(c) An alternative method of compliance or adjustment of the

compliance time that provides an acceptable level of safety may be

used when approved by the Manager, Rotorcraft Standards Staff, FAA,

Rotorcraft Directorate. Operators shall submit their requests

through an FAA Principal Maintenance Inspector, who may concur or

comment and then send it to the Manager, Rotorcraft Standards Staff.

Note: Information concerning the existence of approved

alternative methods of compliance with this AD, if any, may be

obtained from the Rotorcraft Standards Staff.

(d) Special flight permits may be issued in accordance with

Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the helicopter to a location where the

requirements of this AD can be accomplished.

Issued in Fort Worth, Texas, on December 2, 1994.

Eric Bries,

Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.

[FR Doc. 94-30181 Filed 12-7-94; 8:45 am]

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