Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Rules and Regulations 51985 

public meetings and is similar to other 

assessment rate actions issued in past 

years. Also, a 10-day comment period 

was provided for in the proposed rule 

and the comment received has been 

considered in reaching a final decision 

on this matter. 

List of Subjects 

7 CFR Part 916 

Marketing agreements, Nectarines, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 917 

Marketing agreements, Peaches, Pears, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR parts 916 and 917 are 

amended as follows: 

■ 1. The authority citation for 7 CFR 

parts 916 and 917 continues to read as 

follows: 

Authority: 7 U.S.C. 601–674. 

PART 916—NECTARINES GROWN IN 

CALIFORNIA 

■ 2. Section 916.234 is revised to read 

as follows: 

§ 916.234 Assessment rate. 

On and after March 1, 2006, an 

assessment rate of $0.21 per 25-pound 

container or container equivalent of 

nectarines is established for California 

nectarines. 

PART 917—PEACHES GROWN IN 

CALIFORNIA 

■ 3. Section 917.258 is revised to read 

as follows: 

§ 917.258 Assessment rate. 

On and after March 1, 2006, an 

assessment rate of $0.21 per 25-pound 

container or container equivalent of 

peaches is established for California 

peaches. 

Dated: August 28, 2006. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 06–7377 Filed 8–31–06; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 983 

[Docket No. FV06–983–2 FR] 

Pistachios Grown in California; 

Modification of Small Handler 

Exemption 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule modifies the current 

handling requirements prescribed under 

the California pistachio marketing order 

(order). The order regulates the handling 

of pistachios grown in California and is 

administered locally by the 

Administrative Committee for 

Pistachios (committee). The 

modification increases the exemption 

threshold for pistachio handlers who 

handle small amounts of pistachios, 

primarily for home or personal use. 

Currently, handlers of 1,000 pounds or 

less of hulled and dried pistachios 

(assessed weight) are exempt from most 

handling requirements. Under this 

modification, the exemption is extended 

to handlers of less than 5,000 pounds of 

assessed weight pistachios. This change 

is not expected to have a significant 

impact on the overall quality of 

California pistachios found in the 

marketplace. 

EFFECTIVE DATE: This final rule becomes 

effective September 5, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Terry Vawter, Senior Marketing 

Specialist, or Kurt J. Kimmel, Regional 

Manager, California Marketing Field 

Office, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (559) 487–

5901, Fax: (559) 487–5906; E-mail: 

Terry.Vawter@usda.gov or 

Kurt.Kimmel@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720–

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is issued under Marketing Order 

No. 983 (7 CFR part 983), regulating the 

handling of pistachios grown in 

California, hereinafter referred to as the 

‘‘order.’’ The order is effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have retroactive effect. This final rule 

will not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

This final rule modifies the current 

handling requirements prescribed under 

the California pistachio order. This 

modification increases the exemption 

threshold for pistachio handlers who 

handle small amounts of pistachios 

from the current level of 1,000 pounds 

or less of assessed weight pistachios to 

less than 5,000 pounds of assessed 

weight pistachios. Under this change, 

pistachio handlers who handle less than 

5,000 pounds of assessed weight 

pistachios are exempt from most 

handling requirements established 

under the order, including those relating 

to aflatoxin testing, minimum quality 

inspection, and payment of assessments. 

Previous rules, one section of the 

order, and two sections of the rules and 

regulations refer to ‘‘dried pounds’’ or 

‘‘dried weight’’ of pistachios. While 

these terms are not defined in the order, 

they are generally interchangeable with 

the defined term ‘‘assessed weight.’’ For 

the purposes of this final rule, the term 

‘‘assessed weight’’ will be used. 

Section 983.70 of the pistachio order 

currently exempts any handler who 

handles 1,000 pounds or less of assessed 

weight pistachios in any production 

year from the requirements of §§ 983.38 

through 983.45 and § 983.53 of the 

order. A ‘‘production year’’ begins on 


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51986 Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Rules and Regulations 

September 1 and ends the following 

August 31. 

Section 983.38 of the order establishes 

a maximum aflatoxin level and the 

aflatoxin testing protocol, among other 

things. 

Section 983.39 of the order establishes 

minimum quality levels in terms of 

maximum defects and minimum sizes. 

Section 983.40 of the order establishes 

procedures for reworking pistachios that 

fail to meet the requirements prescribed 

in §§ 983.38 and 983.39. 

Section 983.41 of the pistachio order 

authorizes alternative aflatoxin testing 

methods for handlers handling less than 

1 million pounds of assessed weight 

pistachios per production year, and 

authorizes the committee to grant such 

handlers exemptions from minimum 

quality testing requirements. 

Section 983.42 of the order permits 

commingling of inspected and certified 

lots with other inspected and certified 

lots. 

Section 983.43 of the order authorizes 

rules and regulations to establish 

conditions under which pistachios 

would be subject to reinspection. 

Under § 983.44 of the order, all 

pistachios required to be inspected and 

certified may be subject to container 

marking or other identification 

requirements. 

Section 983.45 of the order requires 

the committee (with USDA’s approval) 

to establish reporting and disposition 

procedures for substandard pistachios 

(those not meeting aflatoxin and 

minimum quality requirements). 

Finally, § 983.53 of the order 

authorizes handler assessment to defray 

program administrative costs. 

The committee met on March 1, 2006, 

and unanimously recommended 

increasing the current handler 

exemption from including handlers who 

handle 1,000 pounds or less of assessed 

weight pistachios to handlers who 

handle less than 5,000 pounds of 

assessed weight pistachios. This action 

is authorized under § 983.70 of the 

order, and will be implemented by 

adding a new section in the marketing 

order’s rules and regulations (§ 983.170 

Handler exemption). This rule also 

makes conforming changes to the 

order’s rules and regulations to reflect 

the change in the exemption level. 

Specifically, the new § 983.170 

exempts handlers who handle less than 

5,000 pounds of assessed weight 

pistachios in a production year from the 

requirements of §§ 983.38 through 

983.45 and § 983.53 of the order. 

In addition, conforming changes are 

necessary in § 983.143, paragraph (b)(2), 

as well as in § 983.147, paragraphs (c) 

and (g), to clarify that the handling 

exemption applies to handlers of less 

than 5,000 pounds of assessed weight 

pistachios rather than the currentlyapplicable level of 1,000 pounds or less 

of assessed weight pistachios. 

The committee estimates that the 

amount of pistachios handled by 

handlers with less than 5,000 pounds of 

assessed weight pistachios is 

approximately 48,515 pounds of the 

total 283,419,713 pounds handled in the 

2005–2006 production year, or less than 

0.02 percent of all pistachios handled 

that production year. In the committee’s 

opinion, quantities of pistachios that are 

less than 5,000 pounds are not 

commercially-significant and are 

unlikely to have an impact in the 

marketplace. These pistachios would 

likely be sold at local farmers’ markets; 

kept for home use; distributed to 

friends, neighbors, business associates, 

or others; or used for other noncommercial purposes, rather than enter 

the conventional channels of trade. 

Exempt handlers will continue to file 

the required report, the ACP–4, with the 

committee by November 15 of each 

production year (§ 983.147 Reports). 

Also, under the authority contained in 

§ 983.50, Random verification audits, 

and § 983.51, Verification of reports, the 

committee would maintain the right to 

spot-check these handlers to ensure 

marketing order compliance. 

The committee noted that when the 

order was promulgated, there was 

limited information about pistachio 

handlers and the volumes of pistachios 

each handled. Thus, the initial order 

provided for what was believed to be a 

reasonable exemption level of 1,000 

pounds or less of assessed weight 

pistachios. After operating under the 

marketing order regulations for 

approximately one year, the committee 

believes that the handling exemption 

level is too low and recommended this 

relaxation. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this action on small entities. 

Accordingly, AMS has prepared this 

final regulatory flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. Thus, both statutes have small 

entity orientation and compatibility. 

There are approximately 50 handlers 

of California pistachios who are subject 

to regulation under the order and about 

741 producers of pistachios in the 

production area. This final rule results 

in about 28 of the current handlers 

being exempt from most regulatory 

provisions of the order. The number of 

known handlers has increased since the 

committee began operation because they 

now have the authority under the order 

to gather information about handlers. 

The Small Business Administration 

(SBA) (13 CFR 121.201) defines small 

agricultural service firms as those 

having annual receipts of less than 

$6,500,000 and defines small 

agricultural producers as those having 

annual receipts of less than $750,000. 

Thirty-three of the 50 handlers subject 

to regulation have annual pistachio 

receipts of less than $6,500,000. In 

addition, 722 of the 741 producers have 

annual receipts less than $750,000. 

Therefore, a majority of handlers (66 

percent) and producers (97 percent) may 

be classified as small entities under the 

SBA standards. 

This final rule increases the current 

handling exemption level for handlers 

from 1,000 pounds or less of assessed 

weight pistachios to less than 5,000 

pounds of assessed weight pistachios. 

Exempt handlers could handle their 

pistachios free from the requirements of 

§§ 983.38 through 983.45 and § 983.53 

of the order. 

The committee met on March 1, 2006, 

to consider the handling exemption and 

unanimously recommended revising the 

level from 1,000 pounds or less of 

assessed weight pistachios to less than 

5,000 pounds of assessed weight 

pistachios handled per production year. 

The committee estimates that the total 

volume of pistachios handled by the 28 

handlers with less than 5,000 pounds of 

assessed weight pistachios is 

approximately 48,515 pounds of the 

total 283,419,713 pounds handled in the 

2005–2006 production year. This 

represents less than 0.02 percent of all 

pistachios handled that production year. 

In the committee’s opinion, 5,000 

pounds of assessed weight pistachios is 

not commercially significant and 

represents pistachios that are unlikely to 

enter conventional channels of trade. 

The committee also noted that when 

the order was promulgated, there was 

very little information about pistachio 

handlers and their relative volumes. The 

initial order provided for what was 

believed to be a reasonable exemption 

level of 1,000 pounds or less of assessed 

weight pistachios. The committee now 


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Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Rules and Regulations 51987 

believes that the exemption level is too 

low and should be increased. 

The committee recommendation on 

March 1, 2006, resulted from 

deliberations of its Technical 

Subcommittee (subcommittee), the 

subcommittee charged with compliance, 

quality, and inspection issues under the 

order. The March 1, 2006, meeting of 

the subcommittee was also a public 

meeting, where opinions and concerns 

of industry representatives were 

solicited, openly discussed, and 

deliberated at some length. 

The subcommittee and committee 

discussed alternatives to this 

modification, including not making any 

changes or modifying the handling 

exemption for handlers of less than 

10,000 pounds of assessed weight 

pistachios. Both the subcommittee and 

the committee ultimately determined 

that exempting handlers of less than 

5,000 pounds of assessed weight 

pistachios was prudent because only 14 

additional handlers would be affected, 

and the total volume of exempted 

pistachios handled is relatively 

insignificant (less than 0.02 percent of 

total production). Thus, exempting an 

estimated total of 28 handlers with less 

than 5,000 pounds of assessed weight 

pistachios would not affect the overall 

quality of the pistachios handled as 

those pistachios are likely to be for 

home or personal use and will not 

compete in traditional markets. 

Both the subcommittee and the 

committee noted that spot-checks on 

small handlers would be continued to 

ensure compliance with order 

requirements. 

This action reduces the reporting 

requirements for pistachio handlers who 

fall below the 5,000 pound threshold. 

Such handlers are also exempt from 

most of the other regulatory 

requirements imposed under the 

authority. 

As with all Federal marketing order 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the information collection 

requirement that is contained in this 

rule has been submitted to the Office of 

Management and Budget (OMB) for 

approval. 

The AMS is committed to complying 

with the E-Government Act, to promote 

the use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

In addition, USDA has not identified 

any relevant Federal rules that 

duplicate, overlap or conflict with this 

final rule. 

Further, the committee’s meetings are 

widely publicized throughout the 

pistachio industry and all interested 

persons are encouraged to attend the 

meetings and participate in the 

committee’s deliberations. In this 

respect, the March 1, 2006, 

subcommittee and committee meetings 

regarding the handler exemption were 

public meetings and all entities, both 

large and small, were encouraged to 

express their views on this issue. 

The committee recommendation on 

March 1, 2006, resulted from 

deliberations of its Technical 

Subcommittee, which is charged with 

compliance, quality, and inspection 

issues under the marketing order. 

During the subcommittee meeting, the 

opinions and concerns of industry 

representatives were solicited, openly 

discussed, and deliberated at some 

length. The subcommittee made its 

unanimous recommendation to the 

committee, who agreed with the 

recommendation unanimously, as well. 

A proposed rule concerning this 

action was published in the Federal 

Register on June 19, 2006 (71 FR 35201). 

Copies of the rule were sent to all 

committee members and pistachio 

handlers. Also, the rule was made 

available through the Internet by USDA 

and the Office of the Federal Register. A 

20-day comment period, ending July 10, 

2006, was provided to allow interested 

persons to respond to the proposal. No 

comments were received in response to 

the proposed rule. Accordingly, no 

changes will be made to the rule as 

proposed. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

matters presented, including 

information and recommendation 

submitted by the committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

It is further found that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register (5 

U.S.C. 553) because this rule needs to be 

in effect in time for the beginning of the 

production year on September 1, 2006. 

Further, handlers are aware of this rule, 

which was recommended at a public 

meeting. Also, a 20-day comment period 

was provided for in the proposed rule. 

List of Subjects in 7 CFR Part 983 

Marketing agreements, Pistachios, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 983 is amended as 

follows: 

PART 983—PISTACHIOS GROWN IN 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 983 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 983.143, revise paragraph (b)(2) 

to read as follows: 

§ 983.143 Reinspection. 

* * * * * 

(b) * * * 

(2) Handlers exempted from order 

requirements under § 983.170 are 

exempt from all reinspection 

requirements. 

■ 3. In § 983.147, paragraphs (c) and (g) 

are revised to read as follows: 

§ 983.147 Reports. 

* * * * * 

(c) ACP–4, Federal Marketing Order 

Exempt Handler Notification. Each 

handler who handles less than 5,000 

pounds of assessed weight pistachios in 

a production year shall complete and 

furnish this report to the committee no 

later than November 15 of each 

production year. 

* * * * * 

(g) Exemptions. Handlers who handle 

less than 5,000 pounds of assessed 

weight pistachios during any 

production year are exempt from filing 

all forms, with the exception of the 

ACP–4. 

* * * * * 

■ 4. In part 983, Subpart—

Administrative Rules and Regulations is 

amended by adding new § 983.170 to 

read as follows: 

§ 983.170 Handler exemption. 

Pursuant to § 983.70, any handler may 

handle pistachios within the production 

area free of the requirements in 

§§ 983.38 through 983.45 and § 983.53 if 

such pistachios are handled in 

quantities of less than 5,000 pounds of 

assessed weight in any production year. 


rwilkins on PROD1PC63 with RULES
51988 Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Rules and Regulations 

Dated: August 28, 2006. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 06–7376 Filed 8–31–06; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–25703; Directorate 

Identifier 2006–SW–20–AD; Amendment 39–

14747; AD 2006–17–51] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Model AB139 Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This document publishes in 

the Federal Register an amendment 

adopting Airworthiness Directive (AD) 

2006–17–51, sent previously to all 

known U.S. owners and operators of 

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

helicopters by individual letters. This 

AD requires, before further flight and at 

specified intervals, certain visual 

inspections of each tailpipe assembly 

for a crack and for overheating. If you 

find areas of overheating, this AD also 

requires, before further flight, certain 

inspections for damage to the 

surrounding structure, outside of the 

cowling, and inside of each tailpipe 

assembly in certain areas. This AD also 

requires, before further flight, if you find 

a crack, replacing the tailpipe assembly 

with an airworthy tailpipe assembly. 

This AD is prompted by several reports 

of tailpipe assembly cracks. The actions 

specified by this AD are intended to 

prevent a fire due to the structure in the 

cowling area overheating, separation of 

a part of a tailpipe assembly, and 

subsequent loss of control of the 

helicopter. 

DATES: Effective September 18, 2006, to 

all persons except those persons to 

whom it was made immediately 

effective by Emergency AD 2006–17–51, 

issued on August 15, 2006, which 

contained the requirements of this 

amendment. 

Comments for inclusion in the Rules 

Docket must be received on or before 

October 31, 2006. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD: 

• DOT Docket Web site: Go to http:// 

dms.dot.gov and follow the instructions 

for sending your comments 

electronically; 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically; 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590; 

• Fax: (202) 493–2251; or 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, 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, 

21017 Cascina Costa di Samarate (VA) 

Italy, Via Giovanni Agusta 520, 

telephone 39 (0331) 229111, fax 39 

(0331) 229605–222595. 

Examining the Docket 

You may examine the docket that 

contains the AD, any comments, and 

other information on the Internet at 

http://dms.dot.gov, or in person at the 

Docket Management System (DMS) 

Docket Offices between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket Office 

(telephone (800) 647–5227) is located on 

the plaza level of the Department of 

Transportation Nassif Building at the 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them. 

FOR FURTHER INFORMATION CONTACT: Ed 

Cuevas, Aviation Safety Engineer, FAA, 

Rotorcraft Directorate, Safety 

Management Group, Fort Worth, Texas 

76193–0111, telephone (817) 222–5355, 

fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: On August 

15, 2006, the FAA issued Emergency AD 

2006–17–51 for Agusta Model AB139 

helicopters, which requires before 

further flight and at specified intervals, 

certain visual inspections of each 

tailpipe assembly for a crack and for 

overheating. If you find areas of 

overheating, the AD also requires, before 

further flight, certain inspections for 

damage to the surrounding structure, 

outside of the cowling, and inside of 

each tailpipe assembly in certain areas 

using a flashlight or a mirror and a 

flashlight depending on the location. 

The AD also requires, before further 

flight, if you find a crack, replacing the 

tailpipe assembly with an airworthy 

tailpipe assembly. That action was 

prompted by several reports of tailpipe 

assembly cracks. This condition, if not 

corrected, could result in a fire due to 

the structure in the cowling area 

overheating, separation of a part of a 

tailpipe assembly, and subsequent loss 

of control of the helicopter. 

The European Aviation Safety Agency 

(EASA) notified us that an unsafe 

condition may exist on Agusta S.p.A. 

Model AB139 helicopters. EASA 

advises that the field has reported 

tailpipe assembly cracks. EASA also 

advises that this issue, if not corrected, 

could lead to overheating of the 

structure in the cowling area or 

separation of parts hence endangering 

the safety of helicopter flight. 

Agusta has issued Bollettino Tecnico 

No. 139–069, dated August 11, 2006 

(BT), which describes procedures for a 

detailed visual inspection for cracks on 

the tailpipe. EASA classified this BT as 

mandatory and issued Emergency AD 

No. 2006–0242–E, dated August 11, 

2006. 

This helicopter model is 

manufactured in Italy and is type 

certificated for operation in the United 

States under the provisions of 14 CFR 

21.29 and the applicable bilateral 

agreement. Pursuant to the applicable 

bilateral agreement, EASA has kept the 

FAA informed of the situation described 

above. The FAA has examined the 

findings of EASA, reviewed all available 

information, and determined that AD 

action is necessary for products of this 

type design that are certificated for 

operation in the United States. 

Since the unsafe condition described 

is likely to exist or develop on other 

Agusta Model AB139 helicopters of the 

same type design, the FAA issued 

Emergency AD 2006–17–51 to prevent a 

fire due to the structure in the cowling 

area overheating, separation of a part of 

a tailpipe assembly, and subsequent loss 

of control of the helicopter. The AD 

requires the following: 

• Before further flight, and thereafter 

at intervals not to exceed 25 hours timein-service, access the rear areas of each 

tailpipe assembly by removing the rear 

cowling. 

• Visually inspect each tailpipe 

assembly inside the cowling for a crack. 

• Inspect the structure surrounding 

each tailpipe assembly for overheating. 

If you find areas of overheating, inspect 

for damage to the surrounding structure. 

• Inspect for overheating in the area 

of each tailpipe assembly outside the 

cowling. Inspect the internal part of 

each tailpipe assembly in the areas 

depicted in Areas A, Figure 1, of this 

AD for a crack: 

Æ Clean the end of each tailpipe 

assembly with a cloth. While applying 


rwilkins on PROD1PC63 with RULES