Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Rules and Regulations 53859 

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: 

2010–16–51 EUROCOPTER FRANCE: 

Amendment 39–16410. Docket No. 

FAA–2010–0825; Directorate Identifier 

2010–SW–072–AD. 

Applicability: Model SA330J helicopters, 

certificated in any category. 

Compliance: Required as indicated. 

To prevent rotor burst of the main gearbox 

(MGB) oil cooling fan assembly (fan), damage 

to the hydraulic lines and flight controls, and 

subsequent loss of control of the helicopter, 

do the following: 

(a) Within 10 hours time-in-service (TIS), 

unless accomplished previously, and 

thereafter at intervals not to exceed 10 hours 

TIS, using a 0.2 millimeter (mm) (0.008 inch) 

feeler gauge attached to a rigid rod, inspect 

for a minimum gap of 0.2 mm between a fan 

rotor blade and the upper section of the guide 

vane bearing housing over the entire width 

of the blade as depicted in Figure 1 and as 

shown in Figure 2 of Eurocopter Emergency 

Alert Service Bulletin No. 05.96, dated July 

12, 2010 (EASB), and by following the 

Accomplishment Instructions, paragraph 

3.B., of the EASB. 

(1) If the feeler gauge can be inserted 

between the blade and the housing (a gap 

greater than or equal to 0.2 mm), no further 

action is required. 

(2) If the feeler gauge cannot be inserted 

between the blade and the housing (a gap less 

than 0.2 mm), before further flight, replace 

the two fan rotor shaft bearings, with two 

airworthy bearings, part number 

704A33651114. Reinspect to ensure 

compliance with paragraph (a) of this AD 

after installing airworthy bearings. Replacing 

the two fan rotor shaft bearings does not 

constitute terminating action for the 

inspection requirements of this AD. 

(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: Rao 

Edupuganti, Aviation Safety Engineer, 

Rotorcraft Directorate, Regulations and Policy 

Group, 2601 Meacham Blvd., Fort Worth, 

Texas 76137, telephone (817) 222–4389, fax 

(817) 222–5961, for information about 

previously approved alternative methods of 

compliance. 

(c) The Joint Aircraft System/Component 

(JASC) Code is 6322: Main gearbox oil cooler 

fan. 

(d) The inspections shall be done in 

accordance with the specified portions of 

Eurocopter Emergency Alert Service Bulletin 

No. 05.96, dated July 12, 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 American 

Eurocopter Corporation, 2701 Forum Drive, 

Grand Prairie, TX 75053–4005, telephone 

(800) 232–0323, fax (972) 641–3710, or at 

http://www.eurocopter.com. 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 

2010–16–51, issued July 19, 2010, which 

contained the requirements of this 

amendment. 

Issued in Fort Worth, Texas, on August 5, 

2010. 

Scott A. Horn, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–21578 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–2010–0824; Directorate 

Identifier 2010–SW–045–AD; Amendment 

39–16409; AD 2010–12–51] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. (Agusta) Model A119 and AW119 

MKII Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This document publishes in 

the Federal Register an amendment 

adopting Emergency Airworthiness 

Directive (AD) 2010–12–51, which was 

sent previously to all known U.S. 

owners and operators of the specified 

Agusta model helicopters by individual 

letters. This AD requires, before further 

flight, removing the forward boot from 

the hub-locking nut (nut) and inserting 

a gauge between the tail rotor control 

rod (rod) and nut until the gauge stops. 

This AD then requires, depending on 

the depth measurement from the face of 

the nut, either reidentifying the tail 

rotor gearbox (TGB) with a new part 

number (P/N) or replacing the TGB and 

the associated parts with airworthy 

parts. This AD is prompted by a report 

of a missing rod bushing (bushing) from 

a 90-degree TGB installed on a Model 

AW119 MKII helicopter. The Agusta 

Model A119 helicopters also have the 

affected TGB installed; therefore, they 

are also included in the applicability of 

this AD. The actions specified by this 

AD are intended to detect a missing 

bushing in the TGB and to prevent 

abnormal vibration, damage to the tail 

rotor system, loss of the yaw control 

function, and subsequent loss of control 

of the helicopter. 

DATES: Effective September 17, 2010, to 

all persons except those persons to 

whom it was made immediately 

effective by Emergency AD 2010–12–51, 

issued on June 1, 2010, 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 September 

17, 2010. 

Comments for inclusion in the Rules 

Docket must be received on or before 

November 1, 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. 


emcdonald on DSK2BSOYB1PROD with RULES
53860 Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: Eric 

Haight, Aviation Safety Engineer, FAA, 

Rotorcraft Directorate, Regulations and 

Policy Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137, telephone 

(817) 222–5204, fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: On June 1, 

2010, the FAA issued Emergency AD 

2010–12–51 for the specified model 

helicopters, which requires, before 

further flight, removing the forward boot 

from the nut and inserting a gauge 

between the rod and nut until the gauge 

stops. The AD then requires, depending 

on the depth measurement from the face 

of the nut, either reidentifying the TGB 

with a new P/N or replacing the TGB 

and the associated parts with airworthy 

parts. The AD was prompted by a report 

of a missing bushing from a 90-degree 

TGB installed on a Model AW119 MKII 

helicopter. The Agusta Model A119 

helicopters also have the affected TGB 

installed; therefore, they are also 

included in the applicability of the AD. 

This condition, if not corrected, could 

result in abnormal vibration and damage 

to the tail rotor system, loss of the yaw 

control function, and subsequent loss of 

control of the helicopter. 

Agusta has issued Alert Bollettino 

Tecnico No. 119–38, dated March 25, 

2010 (ABT), which specifies inspecting 

the TGB, P/N 109–0440–06–103, to 

verify the presence of the bushing. If the 

bushing is not installed, the ABT 

specifies replacing the TGB and 

associated parts with a ‘‘new’’ TGB 

assembly, P/N 109–0440–06–105. Also, 

the ABT specifies if the bushing is 

installed, reidentifying the TGB ‘‘by 

installing an additional nameplate’’ with 

P/N 109–0440–06–105. 

The European Aviation Safety Agency 

(EASA), the Technical Agent for the 

Member States of the European 

Community, notified the FAA that an 

unsafe condition may exist on these 

helicopter models. EASA advises of a 

missing bushing in the TGB of a Model 

AW119 MKII helicopter. EASA also 

advises that ‘‘this condition, if not 

detected and corrected, could cause 

abnormal vibration of the tail rotor 

controls possibly leading to their 

damage and consequent loss of the yaw 

control function.’’ EASA classified the 

Agusta ABT as mandatory and issued 

Emergency AD No. 2010–0059–E, dated 

March 26, 2010, to ensure the continued 

airworthiness of these helicopters. 

This AD differs from the EASA 

Emergency AD in that we refer to flight 

hours as hours time-in-service (TIS). We 

also do not refer to a compliance date 

of June 30, 2010. We added the 

requirement of the thickness gauge 

being no wider than 10 mm. We added 

the determinate that if the depth 

between the rod and the nut is between 

4 mm and 6 mm, the bushing is 

installed. We do not require an 

additional nameplate but require 

reidentifying the TGB P/N with an etch 

pen by changing the last three digits of 

the P/N from –103 to –105. 

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, 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 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 helicopters of these same 

type designs, the FAA issued 

Emergency AD 2010–12–51 to detect a 

missing bushing in the TGB and 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. The AD 

requires, before further flight, removing 

the forward boot from the nut and 

inserting a 0.3 mm thickness gauge, not 

exceeding 10 mm in width, between the 

rod and nut until the gauge stops. The 

AD requires, from the face of the nut, 

measuring the depth the gauge is 

inserted between the rod and the nut 

before it stops. If the depth 

measurement is between 4 mm and 6 

mm, the bushing is installed, and the 

AD requires reidentifying 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. If the depth 

measurement is greater than 6 mm, the 

AD requires, before further flight, 

replacing the TGB and the associated 

parts with airworthy parts. The actions 

must be accomplished in accordance 

with specified portions of the ABT 

described previously. 

The short compliance time involved 

is required because the previously 

described critical unsafe condition can 

adversely affect the controllability and 

structural integrity of the helicopter. 

Therefore, measuring the depth between 

the rod and the nut of the TGB, and if 

the depth measurement is greater than 

6 mm, replacing the TGB and associated 

parts with airworthy parts 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 June 1, 2010, to all 

known U.S. owners and operators of the 

specified Agusta model 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 69 helicopters of U.S. registry. It 

will take 1.5 work hours per helicopter 

to conduct the depth inspection and 

reidentify the TGB, and about 10 work 

hours per helicopter to replace a TGB 

and associated parts. The average labor 

rate is $85 per work hour. Required 

parts will cost about $128,275 per 

helicopter. Based on these figures, we 

estimate the total cost impact of the AD 

on U.S. operators to be $911,780, 

assuming the TGB and associated parts 

are replaced on 7 helicopters. 

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–2010–0824; 

Directorate Identifier 2010–SW–045– 

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 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 


emcdonald on DSK2BSOYB1PROD with RULES
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