Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations 36137 

reference 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/ 

cfr/ibr_locations.html. 

Issued in Renton, Washington, on May 31, 

2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–14377 Filed 6–15–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0600; Directorate 

Identifier 2012–SW–017–AD; Amendment 

39–17076; AD 2012–11–12] 

RIN 2120–AA64 

Airworthiness Directives; AGUSTA 

S.p.A. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for Agusta 

S.p.A. (Agusta) Model AW139 

helicopters to determine if the hardware 

that attaches the upper end of collective 

control rod C2 to torque tube C3 is 

properly installed. This AD is prompted 

by the discovery of an incorrectlyattached collective control rod. These 

actions are intended to prevent 

separation of the collective control rod 

from the torque tube, loss of control of 

the collective pitch, and subsequent loss 

of control of the helicopter. 

DATES: This AD becomes effective July 

3, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of July 3, 2012. 

We must receive comments on this 

AD by August 17, 2012. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

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

online instructions for sending your 

comments electronically. 

• Fax: 202–493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001. 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket: You may 

examine the AD docket 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 AD docket contains this AD, the 

economic evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

Office (telephone 800–647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

For service information identified in 

this AD, contact Agusta Westland, 

Customer Support & Services, Via Per 

Tornavento 15, 21019 Somma Lombardo 

(VA) Italy, ATTN: Giovanni Cecchelli; 

telephone 39–0331–711133; fax 39 0331 

711180; or at http://www.agusta

westland.com/technical-bullettins. You 

may review the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Miles, Aviation Safety Engineer, 

Regulations and Policy Group, 

Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, TX 76137; 

telephone (817) 222 5110; email 

sharon.y.miles@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments prior to it becoming effective. 

However, we invite you to participate in 

this rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to the 

economic, environmental, energy, or 

federalism impacts that resulted from 

adopting this AD. The most helpful 

comments reference a specific portion of 

the AD, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit them only one time. We will file 

in the docket all comments that we 

receive, as well as a report summarizing 

each substantive public contact with 

FAA personnel concerning this 

rulemaking during the comment period. 

We will consider all the comments we 

receive and may conduct additional 

rulemaking based on those comments. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD No. 2011– 

0226–E, dated December 2, 2011 (EASA 

AD 2011–0226–E), to correct an unsafe 

condition for the Agusta AW139 

helicopters. EASA advises that an 

occurrence of incorrect installation of a 

collective control rod has been reported. 

This improper installation was 

identified on an in-service helicopter 

during the first annual inspection. 

The subsequent investigation by the 

manufacturer led it to conclude that this 

discrepancy could affect other 

helicopters because the production 

quality control procedures did not 

require recording the applied torque on 

the bolt attaching the collective control 

rod to the torque tube. To address this 

unsafe condition, AgustaWestland 

issued Bollettino Tecnico (BT) No. 139– 

275, dated December 1, 2011, (BT 139– 

275) and EASA issued AD 2011–0226– 

E to require an inspection of the 

attaching point of the flight control rod 

to the torque tube and if improperly 

installed, reinstalling the parts. 

This condition, if not detected and 

corrected, could lead to in-flight 

separation of the collective control rod 

from the torque tube, loss of control of 

the collective pitch, and subsequent loss 

of control of the helicopter. 

FAA’s Determination 

These helicopters 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, the EASA, its 

technical representative, has notified us 

of the unsafe condition described in the 

EASA AD. We are issuing this AD 

because we evaluated all information 

provided by the EASA and determined 

the unsafe condition is likely to exist or 

develop on other helicopters of the same 

type design. 

Related Service Information 

We reviewed BT 139–275, which 

contains procedures to inspect for the 

proper installation of control rod C2 in 

the roof area and to ensure that the 

attaching hardware that connects the 

control rod to the torque tube is 

properly installed. 

AD Requirements 

This AD requires: 

• Within 5 hours time-in-service or 7 

days, whichever occurs earlier, visually 

inspecting the connection between 


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36138 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations 

control rod C2 and torque tube C3 for 

the proper installation of the bolt, 

washers, self locking nut, and cotter pin. 

• If the installed hardware is not as 

prescribed in this AD, before further 

flight, re-installing control rod C2 with 

the correct bolt, washers, self locking 

nut, and cotter pin. 

Costs of Compliance 

We estimate that this AD will affect 1 

helicopter of U.S. Registry. We estimate 

that this operator may incur the 

following costs in order to comply with 

this AD. Inspecting and reassembling 

the control rod will require about 8 

work hours at an average labor rate of 

$85 per hour, for a total cost per 

helicopter of $680. Any required parts 

costs are minimal. 

FAA’s Justification and Determination 

of the Effective Date 

Providing an opportunity for public 

comments prior to adopting these AD 

requirements would delay 

implementing the safety actions needed 

to correct this known unsafe condition. 

Therefore, we find that the risk to the 

flying public justifies waiving notice 

and comment prior to the adoption of 

this rule because the required corrective 

actions must be accomplished within 5 

hours time-in-service, a very short time 

period based on the average flight-hour 

utilization rate of these helicopters. 

Since an unsafe condition exists that 

requires the immediate adoption of this 

AD, we determined that notice and 

opportunity for public comment before 

issuing this AD are impracticable and 

that good cause exists for making this 

amendment effective in less than 30 

days. 

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. 

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. 

For the reasons discussed, I certify 

that this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska to the extent that it justifies 

making a regulatory distinction; and 

4. 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

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 airworthiness 

directive (AD): 

2012–11–12 AGUSTA S.P.A.: Amendment 

39–17076; Docket No. FAA–2012–0600; 

Directorate Identifier 2012–SW–017–AD. 

(a) Applicability 

This AD applies to Agusta S.p.A. (Agusta) 

Model AW139 helicopters, serial number (S/ 

N) 31306, 31314, 31317, 31319, 31320, 

31322, 31323, and S/N 31325 through 31345 

(except S/N 31329, 31333, 31338, 31339, and 

31341), certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as an 

incorrectly installed collective control rod, 

which could result in detachment of the 

collective control rod, resulting in 

subsequent loss of control of the helicopter. 

(c) Effective Date 

This AD becomes effective July 3, 2012. 

(d) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(e) Required Actions 

(1) Within 5 hours time-in-service (TIS) or 

7 days, whichever occurs earlier, inspect the 

connection between the collective control 

rod C2 and the torque tube C3 for proper 

installation of the: bolt, part number (P/N) 

NAS6604D15; washer under the bolt head, 

P/N A160A0432K; self-locking nut, P/N 

MS17825–4; washer under the self-locking 

nut, P/N NAS1149D0432K; and the cotter 

pin, P/N MS24655–136, as depicted in 

Figures 1 and 2, of Agusta Bollettino Tecnico 

No. 139–275, dated December 1, 2011, (ABT 

139–275). 

(2) If the connection between the collective 

control rod C2 and the torque tube C3 is not 

as depicted in Figures 1 and 2 of ABT 139– 

275, before further flight, properly connect 

control rod C2 to torque tube C3. In order to 

obtain the correct bolt grip length and cotter 

pin installation, you may use a maximum of 

2 washers, P/N NAS1149D0432K, under the 

self-locking nut. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Sharon Miles, 

Aviation Safety Engineer, Regulations and 

Policy Group, Rotorcraft Directorate, FAA, 

2601 Meacham Blvd., Fort Worth, TX 76137; 

telephone (817) 222–5110; email 

sharon.y.miles@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office, before 

operating any aircraft complying with this 

AD through an AMOC. 

(g) Additional Information 

The subject of this AD is addressed in 

European Aviation Safety Agency AD No. 

2011–0226–E, dated December 2, 2011. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6710: Main Rotor Control. 

(i) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the following service information 

under 5 U.S.C. 552(a) and 1 CFR part 51. 

(2) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. 

(3) The following service information was 

approved for IBR on July 3, 2012. 

(i) Agusta Bollettino Tecnico No. 139–275, 

dated December 1, 2011. 

(4) For service information identified in 

this AD, contact Agusta Westland, Customer 

Support & Services, Via Per Tornavento 15, 


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Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations 36139 

21019 Somma Lombardo (VA) Italy, ATTN: 

Giovanni Cecchelli; telephone 39–0331– 

711133; fax 39 0331 711180; or at http:// 

www.agustawestland.com/technicalbullettins. 

(5) You may review the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 2601 

Meacham Blvd., Room 663, Fort Worth, 

Texas 76137 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. 

Issued in Fort Worth, Texas, on May 30, 

2012. 

Lance T. Gant, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–14385 Filed 6–15–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1255; Directorate 

Identifier 2010–NM–182–AD; Amendment 

39–17084; AD 2012–12–05] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding two 

existing airworthiness directives (ADs) 

for certain Model 737–100, –200, –200C, 

–300, –400, and –500 series airplanes. 

The first existing AD currently requires, 

for certain airplanes, repetitive 

inspections of the Station (STA) 348.2 

frame to detect cracking under the stop 

fittings and intercostal flanges at 

stringers S–14L, S–15L, and S–16L, and 

corrective action if necessary. The 

second existing AD currently requires 

repetitive inspections to detect cracking 

of the intercostal webs, attachment 

clips, and stringer splice channels, and 

corrective action if necessary. This new 

AD requires that the inspection for 

cracking under the stop fittings be done 

on additional airplanes; extends the 

repetitive interval for certain airplanes; 

adds a one-time inspection to detect 

missing fasteners; and updates or adds 

certain inspection and repair 

instructions. This new AD also requires, 

for certain airplanes, repetitive 

inspections of the cargo barrier net 

fitting for cracking, and repair if 

necessary. This new AD also adds, for 

certain airplanes, repetitive inspections 

for cracking of the stringer S–15L aft 

intercostal, and repair if necessary. This 

AD was prompted by reports of cracking 

of the STA 348.2 frame above the two 

outboard fasteners attaching the frame 

inner chord and door stop fittings, and 

in the outboard chord at stringer S–16L. 

We have also received reports of 

missing fasteners in the STA 348.2 

frame inner chord. We are issuing this 

AD to detect and correct fatigue 

cracking of the intercostals on the 

forward and aft sides of the forward 

entry door cutout, which could result in 

loss of the forward entry door and rapid 

decompression of the airplane. 

DATES: This AD is effective July 23, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of July 23, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of September 9, 2009 (74 FR 38901, 

August 5, 2009). 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of November 1, 2005 (70 FR 56361, 

September 27, 2005). 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of June 4, 2004 (69 FR 23646, April 

30, 2004). 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Alan Pohl, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; phone: (425) 

917–6450; fax: (425) 917–6590; email: 

Alan.Pohl@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede airworthiness 

directives AD 2004–09–09, Amendment 

39–13598 (69 FR 23646, April 30, 2004); 

and AD 2009–16–14, Amendment 39– 

15987 (74 FR 38901, August 5, 2009). 

Those ADs apply to the specified 

products. The NPRM published in the 

Federal Register on November 28, 2011 

(76 FR 72858). The NPRM proposed to 

retain certain requirements of AD 2004– 

09–09 and AD 2009–16–14. The NPRM 

proposed to also add airplanes to the 

applicability for the high frequency 

eddy current (HFEC) inspection for 

cracking of the stop fittings at the shear 

web at the STA 348.2 frame; extend the 

repetitive interval for the HFEC 

inspection of the STA 348.2 frame for 

Model 737–200C airplanes; add an 

inspection to detect missing fasteners of 

the STA 348.2 frame inner chord; and 

update or add certain inspection and 

repair instructions. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the proposal (76 FR 72858, 

November 28, 2011) and the FAA’s 

response to each comment. 

Support for NPRM (76 FR 72858, 

November 28, 2011) 

Boeing concurs with the contents of 

the NPRM (76 FR 72858, November 28, 

2011). 

Requests To Remove or Revise 

Exception to Certain Service 

Information 

Southwest Airlines (SWA) asked that 

paragraph (r) of the NPRM (76 FR 

72858, November 28, 2011) be removed, 

or revised to provide clarification. SWA 

stated that the exception specified in 

paragraph (r) of the NPRM does not 

allow the sequence of steps in the Work 

Instructions of Boeing Alert Service 

Bulletin 737–53A1240, Revision 1, 

dated June 29, 2010, to be changed. 

SWA added that it has serious concerns 


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