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 27, 2014, we issued Emergency AD (AD) 2014-07-51. AD 2014- 07-51 was published in the Federal Register as a Final rule; request for comments on August 5, 2014, at 79 FR 45329. AD 2014-07-51 applied to Agusta Model AB139 and AW139 helicopters with certain serial- numbered M/R rotating scissors or with a M/R rotating scissors with certain serial-numbered bearings. AD 2014-07-51 required repetitively inspecting the M/R rotating scissors for play of the bearing every 5 hours time-in-service (TIS) and, if there was play beyond allowable limits, removing the affected bearing. AD 2014-07-51 also required removing all affected bearings within 50 hours TIS. AD 2014-07-51 was prompted by reports of certain bearings dislodging from certain M/R rotating scissors, as advised by EASA in its Emergency AD No. 2014- 0073-E, dated March 20, 2014.Actions Since AD 2014-07-51 Was Issued
After we issued AD 2014-07-51, AgustaWestland issued Bollettino Tecnico No. 139-392, dated September 23, 2014 (BT 139-392), for Model AB139 and AW139 helicopters. BT 139-392 specifies installing a ``special'' nut to prevent the bearing from dislodging and performing an interim inspection to monitor the bearing in service.
EASA subsequently issued Emergency AD No. 2014-0215-E, dated September 24, 2014, which supersedes EASA Emergency AD No. 2014-0073-E, to correct an unsafe condition for AgustaWestland S.p.A and AgustaWestland Philadelphia Corporation Model AB139 and AW139 helicopters. EASA advises of additional reports of early excessive play in the bearings and a report of a chipped bearing liner. These additional reports involve bearings that were not part of the specific bearings referenced in EASA AD No. 2014-0073-E. As a result, EASA AD No. 2014-0215-E expands the applicability to all M/R rotating scissors with the applicable part number, requires repetitive inspections, and requires installation of a ``special'' nut in accordance with BT 139- 392.
FAA's Determination
These helicopters have been approved by the aviation authority of Italy and are
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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.
Related Service Information
AgustaWestland issued AW139 Document Code 39-C-62-31-00-00A-286C-A, issue 001, dated August 6, 2012, for Model AB139 and AW139 helicopters to specify a detailed inspection of the fixed swashplate and rotating scissors.
AgustaWestland also issued Bollettino Tecnico No. 139-368, dated March 19, 2014 (BT139-368), for Model AB139 and AW139 helicopters with M/R rotating scissors, part number (P/N) 3G6230A00733 either with certain serial numbers or which have been repaired with the installation of certain serial-numbered bearings, P/N 3G6230V00654. BT 139-368 also applies to affected parts kept in stock. BT 139-368 was issued to identify and replace potentially defective bearings caused by a supplier quality issue.
AgustaWestland later issued BT 139-392 for Model AB139 and AW139 helicopters with M/R rotating scissors P/N 3G6230A00733 installed. BT 139-392 specifies inspections to monitor the bearings and provides procedures for the installation of special nut, P/N 3G6230A06851, to reinforce the installation of each bearing.
AD Requirements
This AD retains and clarifies the inspections of the M/R rotating scissors for damage and play of the bearing, but changes the inspection interval. This AD requires replacing the nut with a special nut, which lengthens the time for repetitively inspecting the M/R rotating scissors for damage and play of the bearing. This AD also retains the requirement to remove certain serial-numbered rotating scissors and certain serial-numbered bearings from service. Lastly, this AD states the design holder's name as Agusta S.p.A. instead of AgustaWestland S.p.A. as specified by the current FAA type certificate.
Differences Between This AD and the EASA AD
The EASA AD does not retain all of the requirements of its superseded AD, while this AD does retain the prior AD requirements. The EASA AD specifies some compliance terms within calendar time, while this AD does not. The EASA AD requires contacting AW139 Product Support Engineering, and this AD does not.
Interim Action
We consider this AD to be an interim action. If final action is later identified, we might consider further rulemaking.
Costs of Compliance
We estimate that this AD affects 102 helicopters of U.S. Registry. We estimate that operatorsmay incur the following costs in order to comply with this AD. Labor costs are estimated at $85 per work-hour. Visually inspecting the M/R rotating scissors for damage and play requires a minimal amount of time, for a nominal cost per inspection. Performing the detailed inspection for bearing play requires about 1 work-hour for a cost of $85 per inspection. Removing a bearing requires about 2 work-hours and $808 in parts, for a total replacement cost of $978 per bearing. Installing the special nuts requires about 1 work- hour and $920 in parts, for a total modification cost of $1,005 per helicopter or $102,510 for the U.S. fleet.
According to AgustaWestland's service information, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage by AgustaWestland. Accordingly, we have included all costs in our cost estimate.
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 find that the risk to the flying public justifies waiving notice and comment prior to the adoption of this rule because the unsafe condition can adversely affect the controllability of the helicopter and some of the required corrective actions must be accomplished within 5 hours TIS and thereafter every 24 hours for certain helicopters. Other required corrective actions in this AD must be accomplished within 25, 50, and 100 hours TIS; however, these helicopters are generally high-usage aircraft and could reach these compliance times within a very short calendar time.
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 goodcause 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 ADwill 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.