On September 16, 2009, we issued Emergency AD 2009-19-51 to all known U.S. owners and operators of the Agusta Model AB139 and AW139 helicopters by individual letters. The AD requires inspecting the tail panels for debonding and, if the debonding area exceeds a certain limit repairing the tailboom. That action was prompted by the tailboom of a Model AW139 helicopter bending and collapsing during taxiing. That condition, if not corrected, could result in failure of a tailboom and subsequent loss of control of the helicopter.
The FAA has reviewed Agusta Alert Bollettino Tecnico (ABT) Nos. 139-193 and 139-194, both dated September 3, 2009. These ABTs refer to the aircraft maintenance publications for inspecting the affected tail panels for signs of debonding. If you find evidence of debonding, the ABTs also advise you to contact the manufacturer for repair instructions.
EASA has issued AD No. 2009-0198-E, dated September 4, 2009, which supersedes EASA AD No. 2008-0157, dated August 13, 2008, to correct an unsafe condition for the specified model helicopters. The latest EASA AD requires repetitive inspections of the tailboom panels at closer intervals. In case of debonding, the EASA AD requires you to mark the debonded areas for identification, contact the manufacturer for instructions, and follow their corrective actions.
These helicopter models 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, their technical agent, has notified us of the unsafe condition described in the MCAI 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.
Since the unsafe condition described is likely to exist or develop on other Agusta Model AB139 and AW139 helicopters of these same type designs,the FAA issued Emergency AD 2009-19-51 to prevent failure of a tailboom and subsequent loss of control of a helicopter. The short compliance time involved is required because the previously described critical unsafe condition can adversely affect the structural integrity and the controllability of the helicopter. Therefore, inspecting the tail panels for debonding within 50 hours time-in-service (TIS) for certain serial-numbered helicopters and within 25 hours TIS or 30 days, whichever occurs first, for certain other serial-numbered helicopters and removing the strake if you find bond separation are required before further flight. Also, this AD requires measuring the debonded area and repairing the tailboom, before further flight, if the debonded area exceeds the required measurement before further flight. Therefore, this AD must be issued immediately.
Since it was found that immediate corrective action was required, notice and opportunity for prior public comment thereon were impracticable and contrary to the public interest, and good cause existed to make the AD effective immediately by individual letters issued on September 16, 2009, to all known U.S. owners and operators of Agusta Model AB139 and AW139 helicopters. These conditions still exist, and the AD is hereby published in the Federal Register as an amendment to 14 CFR 39.13 to make it effective to all persons with two minor changes. The Emergency AD contained two paragraph (e)'s; therefore, we have changed the Joint Aircraft System/Component (JASC) Code paragraph to paragraph (f) of this AD. Also, the aluminum hammer part number (P/ N) was incorrectly stated as P/N 109-3101-58-1 in the Emergency AD and should be P/N 109-3101-58-2. Hammer, P/N 109-3101-58-1, is a steel hammer. We have made that correction in this AD. However, for purposes of this AD, the use of either the steel hammer or the aluminum hammer is acceptable. We have also changed Note 1 of the AD to clarify that the ABTs are guidance for accomplishing the AD requirements. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.
This AD differs from the MCAI AD in that we refer to flight hours as hours TIS. Also, we do not require you to contact the manufacturer nor do we reference their ABT, which references the maintenance manual. We have also inserted the inspection requirements and the debonding limits in this AD which are consistent with those in the maintenance manual.
We estimate that this AD will affect about 7 helicopters. We also estimate that it will take about 2 work-hours per helicopter to inspect the tail panels for debonding. The average labor rate is $80 per work- hour. The parts cost is minimal. Based on these figures, we estimate that the cost of this AD on U.S. operators will be $1,120, assuming no tailboom needs repair.
Comments Invited
This AD is a final rule that involves requirements that affect flight safety andwas not preceded by notice and an opportunity for public comment; however, we invite you to submit any written data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include ``Docket No. FAA-2009-1125; Directorate Identifier 2009-SW-50-AD" at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments received by the closing date and may amend the AD in light of those comments.
We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of our docket Web site, you can find and read the comments to any of our dockets, including the name of the individual who sent the comment. You may review the DOT's complete PrivacyAct Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78).
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.
Therefore, I certify this AD:
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. 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.
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 product(s) identified in this rulemaking action.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated tome by the Administrator, the FAA amends 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. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD: