This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

3615 

Vol. 75, No. 14 

Friday, January 22, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1125; Directorate 

Identifier 2009–SW–50–AD; Amendment 39– 

16129; AD 2009–19–51] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. (Agusta) Model AB139 and 

AW139 Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: This document publishes in 

the Federal Register an amendment 

adopting Airworthiness Directive (AD) 

2009–19–51, which was sent previously 

to all known U.S. owners and operators 

of the Agusta Model AB139 and AW139 

helicopters by individual letters. This 

AD requires inspecting the tail panels 

for debonding and, if the debonding 

area exceeds a certain limit, repairing 

the tailboom. This AD results from a 

mandatory continuing airworthiness 

information (MCAI) AD issued by the 

European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community. The MCAI AD states that 

while taxiing, the tailboom of a Model 

AW139 helicopter bent and collapsed. 

Also, EASA had received previous 

reports of evidence of debonding on 

some tailboom panels of the specified 

Agusta model helicopters. This 

condition, if not corrected, could result 

in failure of a tailboom and subsequent 

loss of control of the helicopter. 

DATES: Effective on February 8, 2010, to 

all persons except those persons to 

whom it was made immediately 

effective by Emergency AD 2009–19–51, 

issued on September 16, 2009, which 

contained the requirements of this 

amendment. 

Comments for inclusion in the Rules 

Docket must be received on or before 

March 23, 2010. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

You may get the service information 

identified in this AD 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. 

Examining the Docket: You may 

examine the docket that contains the 

AD, any comments, and other 

information on the Internet at http:// 

www.regulations.gov, or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The Docket 

Operations office (telephone (800) 647– 

5527) is located in Room W12–140 on 

the ground floor of the West Building at 

the street address stated in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

DOT/FAA Southwest Region, Sharon 

Miles, ASW–111, Aviation Safety 

Engineer, Rotorcraft Directorate, 

Regulations and Guidance Group, 2601 

Meacham Blvd., Fort Worth, Texas 

76137, telephone (817) 222–5122, fax 

(817) 222–5961. 

SUPPLEMENTARY INFORMATION: 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-inservice (TIS) for certain serial-numbered 


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3616 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Rules and Regulations 

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 and 

was 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 Privacy Act 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 to me 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2009–19–51 Agusta S.p.A.: Amendment 39– 

16129; Docket No. FAA–2009–1125; 

Directorate Identifier 2009–SW–50–AD. 

Applicability 

This AD applies to Model AB139 and 

AW139 helicopters, certificated in any 

category. 

Compliance 

Required as indicated. 

To prevent failure of a tailboom and 

subsequent loss of control of the helicopter, 

do the following: 

(a) Using the large end of the head of an 

aluminum hammer, part number 109–3101– 

58–2 (GF–06–00), tap inspect the full skin 

surface of the tailboom between Stations 

8700 and 11019.5 for a hollow or dull sound, 

which will indicate a bond separation or 

debond area. Do the inspections at the 

following intervals: 

(1) For helicopters, serial number (S/N) 

31006, 31020, 31022, 31042, 31136, 31157, 

and 31248, within 5-hours time-in-service 

(TIS), unless done previously, and thereafter 

at intervals not to exceed 50-hours TIS. 

Note 1: Agusta Alert Bollettino Tecnico 

Nos. 139–193, and 139–194, both dated 

September 3, 2009 (ABTs), contain guidance 

on accomplishing the required actions of this 

AD. Following the Compliance Instructions 

in the ABTs accomplishes the requirements 

of this AD. 

(2) For all helicopters, except S/N 31006, 

31020, 31022, 31042, 31136, 31157, and 


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Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Rules and Regulations 3617 

1The reader may refer to the Proposed 

Rulemaking, December 5, 1991 (56 FR 63774), and 

the preamble to the final rule promulgated 

September 4, 1992 (57 FR 40792) for further 

background and information on the OCS 

regulations. 

31248, within 25-hours TIS or 30 days, 

whichever occurs first, unless done 

previously, and thereafter at intervals not to 

exceed 50-hours TIS. 

(b) If you find any bond separation, use the 

small end of the head of the hammer to 

identify the edges of the debonded area. If the 

debonded area goes beyond the strake, 

remove the strake. Using a marking pen or 

chalk, mark the edge of the debonded area. 

(1) Measure the surface area of each 

debonded area, the distance between the 

edges of the debonded areas, and the distance 

of the edge of each debonded area from the 

edge of the bond joint. 

(2) Before further flight, repair the tailboom 

using FAA-approved data and procedures if: 

(i) The debonded area exceeds 320 mm2

(0.5 in2), 

(ii) The distance between the edges of any 

two debonded areas is less than or equal to 

three times the largest debond dimension of 

the two debonded areas measured on a line 

between the centers of the two debonded 

areas, or 

(iii) The edge of any debonded area is less 

than 3 mm (0.118 in) from the edge of the 

panel bond joint. 

(c) 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, ATTN: DOT/FAA 

Southwest Region, Sharon Miles, ASW–111, 

Aviation Safety Engineer, Rotorcraft 

Directorate, Regulations and Guidance 

Group, 2601 Meacham Blvd., Fort Worth, 

Texas 76137, telephone (817) 222–5122, fax 

(817) 222–5961, for information about 

previously approved alternative methods of 

compliance. 

(d) Special flight permits will not be 

issued. 

(e) Copies of the applicable service 

information 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. 

(f) The JASC Code for this part is Code 

5302: Rotorcraft Tailboom. 

Note 2: The subject of this AD is addressed 

in European Aviation Safety Agency AD No. 

2009–0198–E, dated September 4, 2009. 

(g) This amendment becomes effective on 

February 8, 2010, to all persons except those 

persons to whom it was made immediately 

effective by Emergency AD 2009–19–51, 

issued September 16, 2009, which contained 

the requirements of this amendment. 

Issued in Fort Worth, Texas, on January 11, 

2010. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–1159 Filed 1–21–10; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R02–OAR–2009–0680; FRL–9103–3] 

Outer Continental Shelf Air 

Regulations Update To Include New 

Jersey State Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing the update 

of the Outer Continental Shelf (OCS) Air 

Regulations proposed in the Federal 

Register on October 2, 2009. 

Requirements applying to OCS sources 

located within 25 miles of States’ 

seaward boundaries must be 

promulgated and updated periodically 

to remain consistent with the 

requirements of the corresponding 

onshore area (COA), as mandated by the 

Clean Air Act (CAA). The portion of the 

OCS air regulations that is being 

updated pertains to the requirements for 

OCS sources in the State of New Jersey. 

The intended effect of approving the 

OCS requirements for the State of New 

Jersey is to regulate emissions from OCS 

sources in accordance with the 

requirements onshore. The requirements 

discussed below are incorporated by 

reference into the Code of Federal 

Regulations and are listed in the 

appendix to the OCS air regulations. 

DATES: Effective Date: This rule is 

effective on February 22, 2010. 

This incorporation by reference of 

certain publications listed in this rule is 

approved by the Director of the Federal 

Register as of February 22, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2009–0680. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Publicly available docket materials 

are available either electronically 

through http://www.regulations.gov or 

in hard copy at the U.S. Environmental 

Protection Agency, Region 2, 290 

Broadway, New York, New York 10007. 

FOR FURTHER INFORMATION CONTACT: 

Steven Riva, Air Programs Branch, 

Environmental Protection Agency, 

Region 2, 290 Broadway, New York, 

New York 10007; telephone number: 

(212) 637–4074; e-mail address: 

riva.steven@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

II. Public Comment and EPA Response 

III. EPA Action 

IV. Administrative Requirements 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Coordination 

With Indian Tribal Government 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Congressional Review Act 

K. Petitions for Judicial Review 

I. Background Information 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. 

On September 4, 1992, EPA 

promulgated 40 CFR part 55,1 which 

established requirements to control air 

pollution from OCS sources in order to 

attain and maintain Federal and state 

ambient air quality standards (AAQS) 

and to comply with the provisions of 

Part C of title I of the CAA. 40 CFR part 

55 applies to all OCS sources offshore 

of the states except those located in the 

Gulf of Mexico west of 87.5 degrees 

longitude. 

On October 2, 2009 (74 FR 50939), 

EPA proposed to approve requirements 

into the OCS Air Regulations pertaining 

to the State of New Jersey. EPA has 

evaluated the proposed regulations to 

ensure that they are rationally related to 

the attainment or maintenance of 

Federal or state ambient air quality 

standards or Part C of title I of the Act, 

that they are not designed expressly to 

prevent exploration and development of 

the OCS and that they are applicable to 

OCS sources. 40 CFR 55.1. EPA has also 

evaluated the rules to ensure that they 

are not arbitrary or capricious. 40 CFR 

55.12(e). In addition, EPA has excluded 

administrative or procedural rules. 

Section 328(a) of the CAA requires 

that EPA establish requirements to 

control air pollution from OCS sources 

located within 25 miles of States’ 

seaward boundaries that are the same as 

onshore requirements. To comply with 

this statutory mandate, EPA must 

incorporate applicable rules in effect for 

onshore sources into 40 CFR part 55. 

This limits EPA’s flexibility in deciding 

which requirements will be 

incorporated into 40 CFR part 55 and 

prevents EPA from making substantive 


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