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 duringthe comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments.
Discussion
On March 3, 2015, we issued Emergency AD 2015-05-51 to correct an unsafe condition for Agusta Model A109A helicopters, serial numbers 7154 through 7255, and for all Model A109A II helicopters. Emergency AD 2015-05-51 requires replacing blade part number (P/N) 109-0103-01-7 with blade P/N 109-0103-01-9 or 109-0103-01-115. The emergency AD was sent previously to all known U.S. owners and operators of these helicopters. This action was prompted by an error in the IPC that allows installing blade P/N 109-0103-01-7 on certain serial-numbered Model A109A helicopters and on Model A109A II helicopters.
Emergency AD 2015-05-51 was prompted by Emergency AD No. 2015-0025- E, dated February 18, 2015, issued by EASA, which is the Technical Agent for the Member States of the European Union, to correct an unsafe condition for certain serial-numberedAgusta Model A109A and all Model A109A II helicopters. EASA advises of the installation of blade P/N 109-0103-01-7 on Model A109A II helicopters. In a subsequent investigation, it was determined that blade P/N 109-0103-01-7 is only eligible for installation on Model A109A helicopters up to serial number (S/N) 7153. EASA states that for Model A109A and A109A II helicopters, the current IPC incorrectly allows installing blade P/N 109-0103-01-7 on all helicopters. The EASA AD requires identifying each blade P/N 109-0103-01-7 and replacing it with P/N 109-0103-01-9 or P/N 109-0103-01-115. The EASA AD also prohibits installing blade P/N 109- 0103-01-7 on Model A109A helicopters from S/N 7154 through 7255 inclusive and on all Model A109A II helicopters.
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 EAD. 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
AgustaWestland Alert Bollettino Tecnico No. 109-142, dated February 17, 2015, specifies determining whether the affected part-numbered blade is installed and, if installed, replacing it with blade P/N 109- 0103-01-9 or P/N 109-0103-01-115. Also, the service information states that AgustaWestland has updated the A109A/AII IPC to give the correct information about the applicable configuration.
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AD Requirements
This AD requires, before further flight, replacing blade P/N 109- 0103-01-7 with blade P/N 109-0103-01-9 or 109-0103-01-115.
Costs of Compliance
We estimate that this AD will affect 34 helicopters of U.S. Registry.
We estimate that operators may incur the following costs in order to comply with this AD. Labor costs are estimated at $85 per hour. We estimate 1 work hour to replace a blade and $143,000 for required parts, for a total cost of $143,085 per blade.
FAA's Justification and Determination of the Effective Date
Providing an opportunity for public comments prior to adopting these AD requirements would delay implementing the safety actions needed to correct this known unsafe condition. Therefore, we found and continue to find that the risk to the flying public justifies waiving notice and comment prior to the adoption of this rule because the previously described unsafe condition can adversely affect the controllability of the helicopter and the required action must be accomplished before further flight.
Since an unsafe condition exists that requires the immediate adoption of this AD, we determined that notice and opportunity for public comment before issuing this AD are impracticable and contrary to the public interest and that good cause existed for making the AD effective immediately by Emergency AD 2015-05-51, issued on March 3, 2015, to all known U.S. owners and operators of these helicopters. These conditions still exist and the AD is hereby published in the Federal Register as an amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it effective to all persons.
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 regulationsfor 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; and4. 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.