Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Rules and Regulations 66001

Done in Washington, DC, this 11th day of

December 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–32811 Filed 12–16–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–SW–54–AD; Amendment

39–10252; AD 97–26–09]

RIN 2120–AA64

Airworthiness Directives; Agusta

S.p.A. Model A109K2 Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to Agusta S.p.A (Agusta)

Model A109K2 helicopters. This action

requires inspecting the Gleason crown

on the main transmission for cracks, and

replacing the Gleason crown with an

airworthy Gleason crown if any crack is

found. This amendment is prompted by

three reports of fatigue cracks found in

the Gleason crown. The actions

specified in this AD are intended to

prevent failure of the Gleason crown,

failure of the main transmission and

subsequent loss of control of the

helicopter.

DATES: Effective January 2, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of January 2,

1998.

Comments for inclusion in the Rules

Docket must be received on or before

February 17, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 97–SW–54–

AD, 2601 Meacham Blvd., Room 663,

Fort Worth, Texas 76137.

The service information referenced in

this AD may be obtained from Agusta,

21017 Cascina Costa di Samarate (VA),

Via Giovanni Agusta 520, telephone

(0331) 229111, fax (0331) 229605–

222595. This information may be

examined at the FAA, Office of Regional

Counsel, Southwest Region, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Scott Horn, Aerospace Engineer, FAA,

Rotorcraft Directorate, Rotorcraft

Standards Staff, 2601 Meacham Blvd.,

Fort Worth, Texas 76137, telephone

(817) 222–5125, fax (817) 222–5961.

SUPPLEMENTARY INFORMATION: The

Registro Aeronautico Italiano (RAI),

which is the airworthiness authority for

Italy, recently notified the FAA that an

unsafe condition may exist on Agusta

Model A109K2 helicopters with main

transmission assembly, part number

(P/N) 109–0400–03, serial number (S/N)

005, 006, 007, 008, 010, 011, 012, 013,

014, 015, 016, 017, 018, 020, 022, 024,

027, 030, 031, 032, 033, 034, 035, 038,

039, 042, 047, 048, A2/1053, A2/1073,

A2/1397, or B54895 e C347. The RAI

advises that, due to reports of cracks

being discovered in the Gleason crown

on the main transmission, the actions

specified by the Agusta Bollettino

Tecnico (Technical Bulletin) No. 109K–

16, dated April 24, 1997, are mandatory.

Agusta has issued Agusta Bollettino

Tecnico (Technical Bulletin) No. 109K–

16, dated April 24, 1997, which

specifies a magnetic particle inspection

of certain Gleason crowns for cracks.

The RAI classified this service bulletin

as mandatory and issued AD 97–122,

dated April 29, 1997, in order to assure

the continued airworthiness of these

helicopters in Italy.

This helicopter model is

manufactured in Italy and is type

certificated for operation in the United

States under the provisions of section

21.29 of the Federal Aviation

Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness

agreement. Pursuant to this bilateral

airworthiness agreement, the RAI has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the RAI,

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 an unsafe condition has been

identified that is likely to exist or

develop on other Agusta Model A109K2

helicopters of the same type design

registered in the United States, this AD

is being issued to prevent failure of the

Gleason crown, failure of the main

transmission, and subsequent loss of

control of the helicopter. The Gleason

crown is a part of the main transmission

assembly and is therefore a critical

component of the main rotor drive

system. Due to the criticality of the

Gleason crown to the continued safe

flight of the affected helicopters, and the

required inspection before the next 50

hours time-in-service (TIS), this rule

must be issued immediately to correct

an unsafe condition. This AD requires,

within 50 hours TIS and thereafter at

intervals not to exceed 300 hours TIS,

a magnetic particle inspection of the

main transmission Gleason crown for

cracks. If any crack is found,

replacement of the Gleason crown, P/N

109–0403–07–103, with an airworthy

Gleason crown, P/N 109–0403–07–103,

S/N B58264 through

S/N B58270, or S/N B58272 and

subsequent (S/N B58271 is not an

acceptable replacement part), and vibroetching the main transmission tag with

‘‘S.M. 109–25094’’ are required. These

actions are required to be accomplished

in accordance with the technical

bulletin described previously.

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications should identify the

Rules Docket number and be submitted

in triplicate to the address specified

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments
66002 Federal Register / Vol. 62, No. 242 / Wednesday, December 17, 1997 / Rules and Regulations

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 97–SW–54–AD.’’ The

postcard will be date stamped and

returned to the commenter.

The regulations adopted herein will

not have substantial direct effects 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, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, may be obtained from the

Rules Docket at the location provided

under the caption ADDRESSES.

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:

97–26–09 Agusta S.p.A.: Amendment 39–

10252. Docket No. 97–SW–54–AD.

Applicability: Model A109K2 helicopters

with main transmission assembly, part

number (P/N) 109–0400–03, serial number

(S/N) 005, 006, 007, 008, 010, 011, 012, 013,

014, 015, 016, 017, 018, 020, 022, 024, 027,

030, 031, 032, 033, 034, 035, 038, 039, 042,

047, 048, A2/1053, A2/1073, 2/1397, or

B54895 e C347, installed, certificated in any

category.

Note 1: This AD applies to each helicopter

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

helicopters that have been modified, altered,

or repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (c) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition, or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any helicopter

from the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent failure of the main transmission

Gleason crown (Gleason crown), failure of

the main transmission and subsequent loss of

control of the helicopter, accomplish the

following:

(a) Within 50 hours time-in-service (TIS)

after the effective date of this AD, and

thereafter at intervals not to exceed 300 hours

TIS, perform a magnetic particle inspection

of the Gleason Crown, P/N 109–0403–07, for

cracks in accordance with steps 1 through 3

of Part II of the Compliance Instructions of

Agusta Bollettino Tecnico (Technical

Bulletin) No. 109K–16, dated April 24, 1997.

(b) If any crack is found, remove the

Gleason crown and replace it with an

airworthy Gleason crown, P/N 109–0403–07–

103, S/N B58264 through S/N B58270, or S/

N B58272 and subsequent (S/N B58271 is not

an acceptable replacement part), and vibroetch the main transmission tag with ‘‘S.M.

109–25094’’. Replacement of the Gleason

crown with an airworthy Gleason crown, P/

N 109–0403–07–103, S/N B58264 through S/

N B58270 or S/N B58272 and subsequent,

constitutes a terminating action for the

requirements of this AD.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Rotorcraft

Standards Staff, Rotorcraft Directorate, FAA.

Operators shall submit their requests through

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Rotorcraft Standards Staff.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Rotorcraft Standards Staff.

(d) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the helicopter

to a location where the requirements of this

AD can be accomplished.

(e) The inspections and replacement shall

be done in accordance with Agusta Bollettino

Tecnico (Technical Bulletin) No. 109K–16,

dated April 24, 1997. This incorporation by

reference was approved by the Director of the

Federal Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51. Copies may be

obtained from Agusta S.p.A., 21017 Cascina

Costa di Samarate (VA), Via Giovanni Agusta

520, telephone (0331) 229111, fax (0331)

229605–222595. Copies may be inspected at

the FAA, Office of Regional Counsel,

Southwest Region, 2601 Meacham Blvd.,

Room 663, Fort Worth, Texas 76137; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(f) This amendment becomes effective on

January 2, 1998.

Note 3: The subject of this AD is addressed

in Registro Aeronautico Italiano (Italy) AD

97–122, dated April 29, 1997.

Issued in Fort Worth, Texas, on December

9, 1997.

Larry M. Kelly,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 97–32992 Filed 12–16–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Airspace Docket No. 97–ANM–10]

RIN 2120–AA66

Change Controlling Agency for

Restricted Areas R–6412A and R–

6412B; Camp Williams, UT

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action changes the

published controlling agencies for

Restricted Areas R–6412A and R–6412B,

Camp Williams, UT. This is an

administrative change initiated by the

Northwest Mountain Region. There are

no changes to the boundaries, altitudes,

times of designation, or activities

conducted within the restricted areas.

EFFECTIVE DATE: 0901 UTC, February 26,

1998.

FOR FURTHER INFORMATION CONTACT: Ken

McElroy, Airspace and Rules Division,

ATA–400, Office of Air Traffic Airspace

Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone (202) 267–7686.

SUPPLEMENTARY INFORMATION:

The Rule

This action amends 14 CFR part 73 by

changing the published controlling