AD 95-13-10

This amendment adopts a new airworthiness directive (AD), applicable to certain Costruzioni Aeronautiche Giovanni Agusta S.p.A. (Agusta) Model A109A, A109AII, and A109C helicopters, that requires 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 amendment is prompted by four reports of cracks in the tail boom vertical fin rear spar attachment area. The actions specified by this 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.

Final rule

95-13-10 COSTRUZIONI AERONAUTICHE GIOVANNI AGUSTA S.P.A. : Amendment 39-9290. Docket No. 94-SW-12-AD.

Applicability: Model A109A, A109AII, and A109C 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.

NOTE 1: This AD applies to each helicopter identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For helicopters that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must use the authority provided in paragraph (c) to request approval from the FAA. This approval may address either no action, if the current configuration eliminates the unsafe condition, or different actions necessary to address the unsafe condition described in this AD. Such a request should include an assessment of the effect of the changed configuration on the unsafe condition addressed by this AD. In no case does the presence of any modification, alteration, or repair remove any helicopter from the applicability of this AD.

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, Rotorcraft Directorate, FAA. 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 2: 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 sections 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.

(e) The inspection and modifications shall be done in accordance with Agusta Bollettino Tecnico No. 109-96, dated March 30, 1994. 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, Direzione Supporto Prodotto E Servizi, 21019 Somma Lombardo (VA), Via per Tornavento, 15. Copies may be inspected at the FAA, Office of the Assistant Chief Counsel, 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.

(f) This amendment becomes effective on August 9, 1995.

A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to certain Agusta Model A109A, A109AII, and A109C helicopters was published in the Federal Register on December 8, 1994 (59 FR 63281). That action proposed to 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 span attachment area.

Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposal or the FAA's determination of the cost to the public. The FAA has determined that air safety and the public interest require the adoption of the rule as proposed.

The FAA estimates that 73 helicopters of U.S. registry will be affected by this 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 will take (1) approximately 4 work hours per helicopter to initially modify and inspect those helicopters with tail boom, 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 will 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 tail boom installed,$180, assuming that three helicopters are subject to the repetitive inspection each year.

The regulations adopted herein will 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 final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

For the reasons discussed above, I certify that this action (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); and (3) 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 final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it 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
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
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.

39.13 - [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: