Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Rules and Regulations 53861 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that the regulation: 

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. See the AD docket to examine 

the economic evaluation. 

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. 

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. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. Section 39.13 is amended by adding 

a new airworthiness directive to read as 

follows: 

2010–12–51 AGUSTA S.p.A.: Amendment 

39–16409. Docket No. FAA–2010–0824; 

Directorate Identifier 2010–SW–045–AD. 

Applicability: Model A119 and AW119 

MKII helicopters, with a 90-degree tail rotor 

gearbox (TGB), part number (P/N) 109–0440– 

06–103, installed, certificated in any 

category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent abnormal vibration and damage 

to the tail rotor system, loss of the yaw 

control function, and subsequent loss of 

control of the helicopter, do the following: 

(a) Before further flight, remove the 

forward boot, P/N 109–0135–10, from the 

hub-locking nut (nut), P/N 109–0135–12, as 

shown in Figure 1 of Agusta Alert Bollettino 

Tecnico No. 119–38, dated March 25, 2010 

(ABT). 

(1) Insert a 0.3 millimeter (mm) thickness 

gauge, not exceeding 10 mm in width, 

between the tail rotor control rod (rod) and 

the nut as shown in Figure 2 of the ABT until 

the gauge stops. 

(2) From the face of the nut, measure the 

depth the gauge is inserted between the rod 

and the nut before it stops: 

(i) If the depth measurement is between 4 

mm and 6 mm, the bushing, P/N 109–0135– 

14–101, is installed. Within 5 hours time-in 

service, reidentify the TGB, P/N 109–0440– 

06–103, by using an etch pen to change the 

last three digits of the P/N from –103 to –105. 

Note 1: Installing a new nameplate by 

following the Compliance Instructions, Part 

II, of the ABT satisfies the reidentification 

requirements of the TGB P/N in paragraph 

(a)(2)(i) of this AD. 

(ii) If the depth measurement is greater 

than 6 mm, before further flight, replace the 

TGB, P/N 109–0440–06–103, with TGB, P/N 

109–0440–06–105, and replace the associated 

parts listed in the Accomplishment 

Instructions, Part I, paragraph 4, of the ABT 

with the associated parts listed in the 

Accomplishment Instructions, Part I, 

paragraph 5, of the ABT. 

(b) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Safety 

Management Group, FAA, ATTN: Eric 

Haight, Aviation Safety Engineer, FAA, 

Rotorcraft Directorate, Regulations and 

Guidance Group, 2601 Meacham Blvd., Fort 

Worth, Texas 76137, telephone (817) 222– 

5204, fax (817) 222–5961, for information 

about previously approved alternative 

methods of compliance. 

(c) The Joint Aircraft System/Component 

(JASC) Code is 6520: Tail Rotor Gearbox. 

(d) Replacing the associated parts and 

removing the boot, and measuring the 

insertion depth of the gauge shall be done by 

following the specified portions of Agusta 

Alert Bollettino Tecnico No. 119–38, dated 

March 25, 2010. The Director of the Federal 

Register approved this incorporation by 

reference in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. Copies may be obtained 

from Agusta, Via Giovanni Agusta, 520 21017 

Cascina Costa di Samarate (VA), Italy, 

telephone 39 0331–229111, fax 39 0331– 

229605/222595, or at http://customersupport.

agusta.com/technical_advice.php. Copies 

may be inspected at the FAA, Office of the 

Regional Counsel, Southwest Region, 2601 

Meacham Blvd., Room 663, Fort Worth, 

Texas, or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/ibr_locations.

html. 

(e) This amendment becomes effective on 

September 17, 2010, to all persons except 

those persons to whom it was made 

immediately effective by Emergency AD 

2010–12–51, issued June 1, 2010, which 

contained the requirements of this 

amendment. 

Note 2: The subject of this AD is addressed 

in the European Aviation Safety Agency 

Emergency AD No. 2010–0059–E, dated 

March 26, 2010. 

Issued in Fort Worth, Texas, on August 12, 

2010. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–21593 Filed 9–1–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0632; Directorate 

Identifier 2010–CE–025–AD; Amendment 

39–16426; AD 2010–18–01] 

RIN 2120–AA64 

Airworthiness Directives; Robert E. 

Rust, Jr. Model DeHavilland DH.C1 

Chipmunk 21, DH.C1 Chipmunk 22, 

and DH.C1 Chipmunk 22A Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Robert E. Rust, Jr. Models DeHavilland 

DH.C1 Chipmunk 21, DH.C1 Chipmunk 

22, and DH.C1 Chipmunk 22A 

airplanes. This AD requires you to do a 

one-time inspection of the flap 

operating system for an unapproved 

latch plate design installation, with 

replacement as necessary. This AD 

results from a report of a latch plate 

failing in service that was not made in 

accordance with the applicable de 

Havilland drawing. We are issuing this 

AD to detect and correct an 

unauthorized latch plate design 

installation which could result in an uncommanded retraction of the flaps. This 

failure could lead to a stall during a 

landing approach. 


emcdonald on DSK2BSOYB1PROD with RULES
53862 Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Rules and Regulations 

DATES: This AD becomes effective on 

October 7, 2010. 

On October 7, 2010, the Director of 

the Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: For service information 

identified in this AD, contact de 

Havilland Support Limited, Duxford 

Airfield, Cambridgeshire, CB22 4QR, 

England, phone: +44 (0) 1223 830090; 

fax: +44 (0) 1223 830085; e-mail: 

info@dhsupport.com; Internet: http:// 

www.dhsupport.com/. 

To view the AD docket, go to U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, or on the Internet at http:// 

www.regulations.gov. The docket 

number is FAA–2010–0632; Directorate 

Identifier 2010–CE–025–AD. 

FOR FURTHER INFORMATION CONTACT: 

Carey O’Kelley, Aerospace Engineer, 

FAA, Atlanta Aircraft Certification 

Office (ACO), 1701 Columbia Avenue, 

College Park, Georgia 30337; telephone: 

(404) 474–5543; fax: (404) 474–5606. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On June 14, 2010, we issued a 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

include an AD that would apply to all 

Robert E. Rust, Jr. Models DeHavilland 

DH.C1 Chipmunk 21, DH.C1 Chipmunk 

22, and DH.C1 Chipmunk 22A 

airplanes. This proposal was published 

in the Federal Register as a notice of 

proposed rulemaking (NPRM) on June 

21, 2010 (75 FR 34956). The NPRM 

proposed to require a one-time 

inspection of the flap operating system 

for an unapproved latch plate design 

installation with replacement as 

necessary. 

Comments 

We provided the public the 

opportunity to participate in developing 

this AD. We received no comments on 

the proposal or on the determination of 

the cost to the public. 

Conclusion 

We have carefully reviewed the 

available data and determined that air 

safety and the public interest require 

adopting the AD as proposed except for 

minor editorial corrections. We have 

determined that these minor 

corrections: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Costs of Compliance 

We estimate that this AD affects 64 

airplanes in the U.S. registry. 

We estimate the following costs to do 

the inspection: 

Labor cost Parts cost Total cost 

per airplane 

Total cost 

on U.S. operators 

3 work-hours × $85 per hour = $255 .............................................................. Not Applicable .................................... $255 $16,320 

We estimate the following costs to do 

any necessary replacements that would 

be required based on the results of the 

inspection. We have no way of 

determining the number of airplanes 

that may need this replacement: 

Labor cost Parts cost Total cost 

per airplane 

.5 work-hour × $85 per hour = $42.50 ............................................................................................................................ $175 $217.50 

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 AD. 

Regulatory Findings 

We have 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 above, I 

certify that 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 a summary of the costs 

to comply with this AD (and other 

information as included in the 

Regulatory Evaluation) and placed it in 

the AD Docket. You may get a copy of 

this summary by sending a request to us 

at the address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2010–0632; 

Directorate Identifier 2010–CE–025–AD’’ 

in your request. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under 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. 106(g), 40113, 44701. 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Rules and Regulations 53863 

§ 39.13 [Amended] 

■ 2. FAA amends § 39.13 by adding the 

following new AD: 

2010–18–01 Robert E. Rust, Jr.: 

Amendment 39–16426; Docket No. 

FAA–2010–0632; Directorate Identifier 

2010–CE–025–AD. 

Effective Date 

(a) This AD becomes effective on October 

7, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Models DeHavilland 

DH.C1 Chipmunk 21, DH.C1 Chipmunk 22, 

and DH.C1 Chipmunk 22A airplanes, all 

serial numbers, that are certificated in any 

category. 

Note: These airplanes are also identified as 

CHIPMUNK 22A, CHIPMUNK DHC–1T10, 

CHIPMUNK T.10 MK–22, DH.C1 MK22A, 

DHC–1, DHC–1 CHIPMUNK, DHC–1 

CHIPMUNK 22, DHC–1 SERIES 22, or DHC– 

1 T.MK. 10. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

Unsafe Condition 

(e) This AD results from a report of a latch 

plate supplied under part number (P/N) C1– 

CF–1489 failing in service. The part in 

question was not manufactured to the 

applicable de Havilland drawing. The 

unapproved latch plate was made of a shaft 

that was pressed into a plate, rather than 

being machined from bar material as one 

piece. The shaft and plate on the unapproved 

part can become separated or bent, resulting 

in rapid wear and failure of the part. This 

condition, if not corrected, could result in an 

un-commanded retraction of the flaps. This 

failure could lead to a stall during a landing 

approach. 

Compliance 

(f) To address this problem, you must do 

the following, unless already done: 

Actions Compliance Procedures 

(1) Inspect the flap operating system to identify 

the P/N of the latch plate installed. If latch 

plate P/N C1–CF–1489 is installed, inspect 

the latch plate to determine if it is in compliance with the design standard. An unapproved latch plate P/N C1–CF–1489 is made 

from two pieces pressed together while one 

that complies with the design standard is machined in one piece from bar material. 

Within 50 hours time-in-service (TIS) after October 7, 2010 (the effective date of this AD) 

or within 90 days after October 7, 2010 (the 

effective date of this AD), whichever occurs 

first. 

Follow de Havilland Support Limited Technical 

News Sheet (TNS) CT(C1) No 208 Issue 1, 

dated January 30, 2009. 

(2) If during the inspection required in paragraph (f)(1) of this AD an unapproved latch 

plate P/N C1–CF–1489 is found, replace the 

latch plate with a latch plate that complies 

with the design standard. The following U.S. 

standard hardware may be substituted for the 

hardware specified in the service information: 

(i) 1/16’’ diameter cotter pin that is P/N 

MS24665–153 (or equivalent) in place of 

split pin P/N SP90/C; and 

(ii) Washer that is P/N MS15795–806B (or 

equivalent) in place of washer P/N SP13/ 

B. 

Before further flight after the inspection where 

the unapproved latch plate P/N C1–CF– 

1849 was found. 

Follow de Havilland Support Limited TNS 

CT(C1) No 208 Issue 1, dated January 30, 

2009. 

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, Atlanta Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: Carey 

O’Kelley, Aerospace Engineer, FAA, Atlanta 

ACO, 1701 Columbia Avenue, College Park, 

Georgia 30337; telephone: (404) 474–5543; 

fax: (404) 474–5606. Before using any 

approved AMOC on any airplane to which 

the AMOC applies, notify your appropriate 

principal inspector (PI) in the FAA Flight 

Standards District Office (FSDO), or lacking 

a PI, your local FSDO. 

Material Incorporated by Reference 

(h) You must use de Havilland Support 

Limited TNS CT(C1) No 208 Issue 1, dated 

January 30, 2009, to do the actions required 

by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact de Havilland Support 

Limited, Duxford Airfield, Cambridgeshire, 

CB22 4QR, England, phone: +44 (0) 1223 

830090; fax: +44 (0) 1223 830085; e-mail: 

info@dhsupport.com; Internet: http:// 

www.dhsupport.com/. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on August 

25, 2010. 

John R. Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–21741 Filed 9–1–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2010–0693; Airspace 

Docket No. 10–ASW–6] 

RIN 2120–AA66 

Amendment of Restricted Area R– 

5113; Socorro, NM 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action changes the using 

agency of Restricted Area R–5113, 

Socorro, NM, to ‘‘U.S. Air Force, Air 

Force Research Laboratory.’’ There are 

no changes to the boundaries; 

designated altitudes; time of 

designation; or activities conducted 

within the affected restricted area. 

DATES: Effective date 0901 UTC, 

November 18, 2010. 


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