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
EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD No. 2013-0152-E, dated July 17, 2013, to correct an unsafe condition for the Agusta Model AB412 helicopter. EASA advises
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that two cases of cracks were reported in the outer ring, part number (P/N) 412-010-407-105. A subsequent investigation revealed that ``fatigue failure'' caused the cracks. EASA states that ``this condition, if not detected and corrected, could lead to the loss of main rotor blade pitch control, possibly resulting in loss of control of the helicopter.'' EASA calls for repetitive inspections of the affected outer rings for a crack and replacing the outer ring with an improved outer ring, P/N 412-010-107-117, if a crack is found. If the outer ring has not been replaced, the AD requires replacing eachouter ring, P/N 412-010-407-105, with an improved outer ring, P/N 412-010- 107-117, within 300 flight hours or 8 months, whichever occurs first. Replacement with an improved outer ring is terminating action for the repetitive inspections, EASA states.
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.
Related Service Information
AgustaWestland S.p.A. issued Alert Bollettino Tecnico No. 412-134 on July 15, 2013 (BT), to warn that two cases of cracking in the outer ring, P/N 412-010-407-105, have been reported, both attributedto fatigue failure. The BT calls for visually inspecting the outer ring for a crack with a 5X magnifying glass and a bright light. The BT added that the inspection must occur within 5 flight hours from when the BT was issued and within intervals of 25 flight hours thereafter until the outer ring is replaced. The deadline to replace the outer ring with outer ring, P/N 412-010-407-117, is 300 flight hours or no later than April 15, 2014, whichever comes first. Outer ring, P/N 412-010-407-105, was not to be used after April 15, 2014, the BT stated.
AD Requirements
This AD requires:
Within 5 hours time-in-service (TIS), and thereafter at intervals not to exceed 25 hours TIS, visually inspecting the swashplate outer ring, P/N 412-010-407-105, for cracks, using a 5X magnifying glass and a bright light. If a crack exists, before further flight, removing the swashplate outer ring from service.
Within 300 hours TIS or 8 months, whichever occurs first, removing the swashplate outer ring, P/N 412-010-407-105, from service.
Not installing a swashplate outer ring, P/N 412-010-407- 105, on any helicopter.
Differences Between This AD and the EASA AD
This AD prohibits installation of a swashplate outer ring, P/N 412- 010-407-105, while the EASA AD allows installation of this part under certain conditions.
Costs of Compliance
There are no costs of compliance with this AD because there are no helicopters with this type certificate on the U.S. Registry.
FAA's Justification and Determination of the Effective Date
There are no helicopters with this type certificate on the U.S. Registry. Therefore, we believe it is unlikely that we will receive any adverse comments or useful information about this AD from U.S. Operators.
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 unnecessary because there are none of these products on the U.S. Registry and 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.
RegulatoryFindings
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.