26316 Federal Register / Vol. 73, No. 91 / Friday, May 9, 2008 / Rules and Regulations 

diverts milk during the month pursuant 

to paragraph (d) of this section. The 

total quantity of milk so diverted during 

the month shall not exceed 25 percent 

during the months of July through 

November, January, and February, and 

35 percent during the months of 

December and March through June of 

the producer milk physically received at 

such plant (or such unit of plants in the 

case of plants that pool as a unit 

pursuant to § 1007.7(e)) during the 

month, excluding the quantity of 

producer milk received from a handler 

described in § 1000.9(c), excluding the 

total pounds of bulk milk received 

directly from producers meeting for 

conditions as described in 

§ 1007.82(c)(2)(ii) and (iii), and for 

which a transportation credit is 

requested; 

* * * * * 

Dated: May 6, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 08–1239 Filed 5–6–08; 2:32 pm] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0524; Directorate 

Identifier 2007–SW–77–AD; Amendment 39–

15519; AD 2007–26–52] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Model A109C, A109E, and 

A109K2 Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: This document supersedes 

Airworthiness Directive (AD) 2001–24–

07 R1 and adopts AD 2007–26–52, 

which was sent previously to all known 

U.S. owners and operators of Agusta 

S.p.A. (Agusta) Model A109C, A109E, 

and A109K2 helicopters by individual 

letters. This AD requires inspections for 

swelling, deformation, bonding 

separation, or a crack on each main 

rotor blade (MRB) with a certain tip cap 

installed, and if any of these conditions 

are found that exceed the prescribed 

limits, replacing the MRB before further 

flight. This amendment is prompted by 

a report of the in-flight loss of part of a 

tip cap. The actions specified in this AD 

are intended to prevent an increase in 

vibration of the MRB and subsequent 

loss of control of the helicopter. 

DATES: Effective May 27, 2008, to all 

persons except those persons to whom 

it was made immediately effective by 

Emergency AD 2007–26–52, issued on 

December 20, 2007, which contained 

the requirements of this amendment. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of May 27, 

2008. The Director of the Federal 

Register approved the incorporation by 

reference of Agusta Alert Bollettino 

Tecnico No. 109–106, No. 109K–22, and 

No. 109EP–1, all Revision B and all 

dated December 19, 2000, listed in the 

AD as of January 7, 2002 (66 FR 60144, 

December 3, 2001). 

Comments for inclusion in the Rules 

Docket must be received on or before 

July 8, 2008. 

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, 

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:// 

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: 

Sharon Miles, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Safety 

Management Group, Fort Worth, Texas 

76193–0111, telephone (817) 222–5122, 

fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: On June 

16, 2004, the FAA issued AD 2001–24–

07 R1, Amendment 39–13687 (69 FR 

35511, June 25, 2004). That AD required 

inspecting each MRB, part number (P/N) 

709–0103–01, tip cap, for either bonding 

separation or a crack, and provided a 

terminating action for the requirements 

of the AD by replacing each tip cap with 

an airworthy tip cap, P/N 709–0103–29–

109. 

Since issuing that AD, there has been 

one report of in-flight loss of part of a 

tip cap, P/N 709–0103–29–109, 

resulting in an emergency landing due 

to an increase in vibrations. There has 

also been one report of cracking on the 

tip cap leading edge. Therefore, on 

December 20, 2007, we issued 

Emergency AD 2007–26–52, which 

superseded AD 2001–24–07 R1 (69 FR 

35511, June 25, 2004), to remove the 

terminating action of replacing a tip cap 

with tip cap, P/N 709–0103–29–109, 

and to remove the serial number 

limitation of AD 2001–24–07 R1. The 

Emergency AD requires inspecting and 

replacing certain MRBs, if necessary. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for Italy, a Member State of the 

European Community, notified us that 

an unsafe condition may exist on Agusta 

Model A109C, A109E, and A109K2 

helicopters. The EASA advises that an 

incident occurred in which a Model 

A109E helicopter lost part of the tip of 

the MRB due to fracture of the welded 

bead (joint line of shells). The 

manufacturer advises that the 

investigation relating to this tip cap 

failure is still ongoing. 

Agusta has issued Alert Bollettino 

Tecnico No. 109–106 for the Model 

A109C, No. 109K–22 for the Model 

A109K2, and No. 109EP–1 for the Model 

A109E, all Revision B and all dated 

December 19, 2000, which describe 

inspecting the MRB tip cap for bonding 

separation and a crack; a tap inspection 

of the tip cap for bonding separation in 

the blade bond; and a dye-penetrant 

inspection of the tip cap leading edge 

along the welded joint line of the upper 

and lower tip cap skin shells for a crack. 

Since then, Agusta has issued Bollettino 

Tecnico No. 109–125 for the Model 

A109C, No. 109EP–85 for the Model 

A109E, and No. 109K–48 for the Model 

A109K2, all dated December 13, 2007, 

which describe procedures for 

inspecting the tip cap, P/N 709–0103–

29–109, for cracks and for damage on 

the tip cap leading edge at the welded 

bead (joint line of shells). The EASA 

classified these bollettino tecnicos as 

mandatory and issued EASA Emergency 

AD No. 2007–0306–E, dated December 

14, 2007, to ensure the continued 


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Federal Register / Vol. 73, No. 91 / Friday, May 9, 2008 / Rules and Regulations 26317 

airworthiness of these helicopters in 

Italy. 

These helicopter models are 

manufactured in Italy and are 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, the EASA, the agent 

for Italy, has kept the FAA informed of 

the situation described above. The FAA 

has examined the findings of the EASA, 

reviewed all available information, and 

determined that AD action is necessary 

for products of these type designs that 

are certificated for operation in the 

United States. 

Since the unsafe condition described 

is likely to exist or develop on other 

Agusta Model A109C, A109E, and 

A109K2 helicopters of the same type 

designs, the FAA issued Emergency AD 

2007–26–52 to prevent an increase in 

vibration of the MRB and subsequent 

loss of control of the helicopter. The AD 

requires, for any MRB with a serial 

number with a prefix of either ‘‘EM–’’ or 

‘‘A5–’’, except a MRB with a tip cap, 

P/N 709–0103–29–109, within 10 hours 

TIS and thereafter at intervals not to 

exceed 25 hours time-in-service (TIS): 

• A tap inspection of the upper and 

lower sides of each tip cap for bonding 

separation and in the tip cap to blade 

bond area; 

• A visual inspection of the upper 

and lower side of each blade tip cap for 

swelling or deformation; and 

• A dye-penetrant inspection of the 

tip cap leading edge along the welded 

joint line of the upper and lower tip cap 

skin shells for a crack. 

The AD also requires visually inspecting 

each MRB with a tip cap, P/N 709–

0103–29–109, for a crack on the leading 

edge at the welded bead (joint line of 

shells) using a 10x or higher power 

magnifying glass, and if there is damage 

other than a crack, inspecting the area 

using a dye-penetrant inspection 

method, within the following 

compliance times: 

• For a tip cap, P/N 709–0103–29–

109, with 600 or more hours TIS, 

inspect within the next 5 hours TIS or 

30 days, whichever occurs first, and 

thereafter at intervals not to exceed 50 

hours TIS; or 

• For a tip cap with less than 600 

hours TIS, inspect before reaching 600 

hours TIS, and thereafter, at intervals 

not to exceed 50 hours TIS. 

If dwelling, deformation, a crack, or 

bonding separation that exceeds the 

prescribed limits is found in a MRB 

with an affected prefix, except a MRB 

with a tip cap, P/N 709–0103–29–109, 

the MRB must be replaced with an 

airworthy MRB before further flight. If a 

crack is found in a MRB with tip cap, 

P/N 709–0103–29–109, then before 

further flight the MRB must be replaced 

with an airworthy MRB. The actions 

must be accomplished in accordance 

with the bollettino tecnicos described 

previously. 

The short compliance time involved 

is required because the previously 

described critical unsafe condition can 

adversely affect the structural integrity 

and controllability of the helicopter. 

Therefore, the applicable inspections of 

each affected MRB and replacing any 

unairworthy MRB are required before 

further flight, and 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 December 20, 2007 to 

all known U.S. owners and operators of 

Model A109C, A109E, and A109K2 

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. 

The FAA estimates that this AD will 

affect 101 helicopters of U.S. registry (44 

without a tip cap, P/N 709–0103–29–

109, plus 57 with that tip cap), and will 

take, for MRBs with any tip cap, except 

tip cap, P/N 709–0103–29–109, 

approximately 6 work hours per 

helicopter to accomplish the initial and 

24 25-hour TIS repetitive inspections 

(assuming they include dye-penetrant 

inspections), and for MRBs with tip cap, 

P/N 709–0103–29–109, installed, 

approximately 8 work hours per 

helicopter to accomplish the initial and 

12 50-hour TIS repetitive inspections, 

assuming that these inspections require 

using a dye-penetrant method also, at an 

average labor rate of $80 per work hour. 

Based on these figures, we estimate the 

total cost impact of the AD on U.S. 

operators to be $495,360. 

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–2008–0524; 

Directorate Identifier 2007–SW–77–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), or you may visit 

http://docketsinfo.dot.gov. 

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 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 


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26318 Federal Register / Vol. 73, No. 91 / Friday, May 9, 2008 / Rules and Regulations 

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: 

2007–26–52 Agusta S.p.A.: Amendment 39–

15519. Docket No. FAA–2008–0524; 

Directorate Identifier 2007–SW–77–AD. 

Supersedes AD 2001–24–07 R1, 

Amendment 39–13687, Docket No. 

2001–SW–15–AD. 

Applicability: Model A109C, A109E, and 

A109K2 helicopters, with a main rotor blade 

(MRB), Part Number (P/N) 709–0103–01–all 

dash numbers, certificated in any category. 

Compliance: Required as indicated. 

(a) For a MRB with a serial number that has 

a prefix of either ‘‘EM–’’ or ‘‘A5–’’, except a 

MRB with a tip cap, P/N 709–0103–29–109, 

installed, within 10 hours time-in-service 

(TIS), unless accomplished previously, and 

thereafter at intervals not to exceed 25 hours 

TIS: 

(1) Tap inspect the upper and lower sides 

of each tip cap for bonding separation 

between the metal shells and the honeycomb 

core using a steel tap hammer, P/N 109–

3101–58–1, or a coin (quarter) in the area 

indicated as honeycomb core on Figure 1 of 

Alert Bollettino Tecnico (BT) No. 109–106, 

No. 109K–22, or No. 109EP–1, all Revision B, 

and all dated December 19, 2000, as 

applicable to your model helicopter. Also, 

tap inspect for bonding separation in the tip 

cap to blade bond area (no bonding voids are 

permitted in this area). 

(2) Visually inspect the upper and lower 

sides of each blade tip cap for swelling or 

deformation. 

(3) Dye-penetrant inspect the tip cap 

leading edge along the welded joint line of 

the upper and lower tip cap skin shells for 

a crack in accordance with the Compliance 

Instructions, steps 3. through 3.2.6., of the 

applicable BT. 

(4) If any swelling, deformation, crack, or 

bonding separation that exceeds the 

prescribed limits in the applicable 

maintenance manual is found, replace the 

blade with an airworthy blade before further 

flight. 

(b) For a MRB with a tip cap, P/N 709–

0103–29–109, installed, perform the 

following in accordance with Table 1: 

TABLE 1 

For each tip cap: Comply: 

With 600 or more hours TIS .................................................... Within the next 5 hours TIS or 30 days, whichever occurs first, and thereafter at 

intervals not to exceed 50 hours TIS. 

With less than 600 hours TIS .................................................. Before reaching 600 hours TIS, and thereafter, at intervals not to exceed 50 

hours TIS. 

(1) Using a 10x or higher power magnifying 

glass, visually inspect the tip cap leading 

edge welded bead (joint line between the two 

metallic shells) for a crack in accordance 

with the Compliance Instructions, steps 1. 

through 2. of BT No. 109–125, No. 109EP–85, 

or No. 109K–48, all dated December 13, 2007, 

as applicable to your model helicopter. 

(2) If there is damage other than a crack, 

inspect the tip cap leading edge along the 

welded joint line of the shells for a crack 

using a dye penetrant method in accordance 

with the Compliance Instructions, steps 3. 

through 3.7. of BT No. 109–125, No. 109EP–

85, or No. 109K–48, all dated December 13, 

2007, as applicable to your model helicopter. 

(3) If a crack is present, remove the blade 

and replace it with an airworthy blade before 

further flight. 

(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, FAA, ATTN: Sharon 

Miles, Rotorcraft Directorate, Fort Worth, 

Texas 76193–0111, telephone (817) 222–

5122, fax (817) 222–5961, for information 

about previously approved alternative 

methods of compliance. 

(d) The inspections shall be done in 

accordance with the specified portions of the 

service information described in paragraphs 

(d)(1) and (d)(2) of this AD. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

Agusta Bollettino Tecnico No. 109–125, No. 

109EP–85, and No. 109K–48, all dated 

December 13, 2007, in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. 

(2) The Director of the Federal Register 

previously approved the incorporation by 

reference of Agusta Alert Bollettino Tecnico 

No. 109–106, No. 109K–22, and No. 109EP–

1, all Revision B and all dated December 19, 

2000, on January 7, 2002 (66 FR 60144, 

December 3, 2001). 

(3) Copies may be obtained from Agusta, 

21017 Cascina Costa di Samarate (VA) Italy, 

Via Giovanni Agusta 520, telephone 39 

(0331) 229111, fax 39 (0331) 229605–222595. 

(4) 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. 

Note: The subject of this AD is addressed 

in European Aviation Safety Agency (EASA) 

AD No. 2007–0306–E, dated December 14, 

2007. 

(e) This amendment becomes effective on 

May 27, 2008, to all persons except those 

persons to whom it was made immediately 

effective by Emergency AD 2007–26–52, 

issued December 20, 2007, which contained 

the requirements of this amendment. 

Issued in Fort Worth, Texas, on May 1, 

2008. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–10054 Filed 5–8–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0527; Directorate 

Identifier 2008–CE–027–AD; Amendment 

39–15520; AD 2008–10–13] 

RIN 2120–AA64 

Airworthiness Directives; EADS 

SOCATA Model TBM 700 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by the aviation authority of 

another country to identify and correct 


rwilkins on PROD1PC63 with RULES