57298 Federal Register / Vol. 65, No. 185 / Friday, September 22, 2000 / Proposed Rules

Action Compliance time Procedures

(1) Inspect, using magnetic particle

methods, the NLG upper strut,

part number 4.4173–1 (or FAAapproved equivalent part number), for evidence of cracking

(cracks or crack beginnings).

Within the next 200 hours time-in-service (TIS) after

the effective date of this AD.

Do this inspection in accordance with the ACCOMPLISHMENT INSTRUCTIONS section of

Vulcanair Service Bulletin No. 98, dated July 31,

1999.

.

(2) If there is evidence of cracking,

replace the NLG upper strut with

a new NLG upper strut, part

number 4.4173–1 (or FAA-approved equivalent part number).

Prior to further flight after the inspection where evidence of cracking is found.Use the procedures in the maintenance manual.

.

(3) Do not install any NLG upper

strut, part number 4.4173–1, unless it is new from the factory, or

has been inspected as required

in paragraph (d)(1) of this AD

and is found to not have any evidence of cracking.

As of the effective date of this AD ............................ Not Applicable.

(e) Can I comply with this AD in any other

way? You may use an alternative method of

compliance or adjust the compliance time if:

(1) Your alternative method of compliance

provides an equivalent level of safety; and

(2) The Manager, Small Airplane

Directorate, approves your alternative.

Submit your request through an FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager, Small Airplane Directorate.

Note 1: This AD applies to each airplane

identified in paragraph (a) of this AD,

regardless of whether it has been modified,

altered, or repaired in the area subject to the

requirements of this AD. For airplanes that

have been modified, altered, or repaired so

that the performance of the requirements of

this AD is affected, the owner/operator must

request approval for an alternative method of

compliance in accordance with paragraph (e)

of this AD. The request should include an

assessment of the effect of the modification,

alteration, or repair on the unsafe condition

addressed by this AD; and, if you have not

eliminated the unsafe condition, specific

actions you propose to address it.

(f) Where can I get information about any

already-approved alternative methods of

compliance? Contact Roman Gabrys,

Aerospace Engineer, FAA, Small Airplane

Directorate, 901 Locust, Room 301, Kansas

City, Missouri 64106; telephone: (816) 329–

4141; facsimile: (816) 329–4090.

(g) What if I need to fly the airplane to

another location to comply with this AD?

The FAA can issue a special flight permit

under sections 21.197 and 21.199 of the

Federal Aviation Regulations (14 CFR 21.197

and 21.199) to operate your airplane to a

location where you can accomplish the

requirements of this AD.

(h) How do I get copies of the documents

referenced in this AD? You may obtain copies

of the documents referenced in this AD from

Vulcanair S.p.A., Via G. Poscoli, 7, 80026

Casoria (Naples), Italy. You may examine

these documents at FAA, Central Region,

Office of the Regional Counsel, 901 Locust,

Room 506, Kansas City, Missouri 64106.

Note 2: The subject of this AD is addressed

in Italian AD 2000–004, dated January 10,

2000.

Issued in Kansas City, Missouri, on

September 13, 2000.

Larry E. Werth,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 00–24370 Filed 9–21–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–SW–07–AD]

Airworthiness Directives; Agusta

S.p.A. (Agusta) Model A109E

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD), applicable to Agusta

Model A109E helicopters, that currently

requires inspections of the exhaust

ejector locking system, clamp, and

dampers for each engine. The existing

AD also requires verifying the torque of

the metallic clamps and installing safety

wire on the metallic clamps; inspecting

and modifying the ejector saddles and

the locking metallic clamps; and

inspecting the metallic clamps, locking

mechanisms, and dampers. This action

would require modifying the engine

exhaust ejectors. This proposal is

prompted by the development of a kit to

modify the engine exhaust ejectors to

provide terminating action from the

requirements of the current AD. The

actions specified by the proposed AD

are intended to prevent loss of the

metallic clamp or the engine exhaust

ejector, damage to the main or tail rotor

system and subsequent loss of control of

the helicopter.

DATES: Comments must be received on

or before November 6, 2000.

ADDRESSES: Submit mailed comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 2000–SW–

07–AD, 2601 Meacham Blvd., Room

663, Fort Worth, Texas 76137. You may

also send comments electronically to

the Rules Docket at the following

address: 9-asw-adcomments@faa.gov.

You may inspect comments at the Office

of the Regional Attorney between 9:00

a.m. and 3:00 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Paul

Madej, Aviation Safety Engineer, FAA,

Rotorcraft Directorate, Rotorcraft

Standards Staff, Fort Worth, Texas

76193–0110, telephone (817) 222–5125,

fax (817) 222–5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed 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 above. All

communications received on or before

the closing date for comments, specified

above, will be considered before taking

action on the proposed rule. The

proposals contained in this notice may

Federal Register / Vol. 65, No. 185 / Friday, September 22, 2000 / Proposed Rules 57299

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed 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

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their mailed

comments submitted in response to this

notice must submit a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Docket No. 2000–SW–

07–AD.’’ The postcard will be date

stamped and returned to the

commenter.

Availability of NPRMs

You may obtain a copy of this NPRM

by submitting a request to the FAA,

Office of the Regional Counsel,

Southwest Region, Attention: Rules

Docket No. 2000–SW–07–AD, 2601

Meacham Blvd., Room 663, Fort Worth,

Texas 76137.

Discussion

The Ente Nazionale per L’Aviazione

Civile (ENAC), which is the

airworthiness authority for Italy, has

notified the FAA that an unsafe

condition may exist on Agusta Model

A109E helicopters. The ENAC advises

that modifying the engine exhaust

ejectors, part number (P/N) 109–0601–

51, is necessary.

On March 10, 1999, the FAA issued

AD 99–03–10, Amendment 39–11080

(64 FR 13502, March 19, 1999), to

require, before further flight, inspections

of the exhaust ejector to ejector saddle

locking system, the torque of the

metallic clamps, and the dampers at the

bottom of the ejector saddle. Installing

safety wire on the metallic clamp for

each engine is also required. Within the

next 10 hours time-in-service (TIS), that

AD required inspecting the dampers and

metallic clamps, and repositioning and

modifying the ejector saddles and the

locking metallic clamps. Thereafter, at

intervals not to exceed 25 hours TIS,

inspecting the metallic clamps, locking

mechanisms, and dampers is required.

That action was prompted by an inflight

incident in which a metallic clamp that

secured the left-hand engine exhaust

ejector to the ejector saddle became

detached and separated from the

helicopter. The requirements of that AD

are intended to prevent loss of the

metallic clamp or the engine exhaust

ejector, damage to the main or tail rotor

system, and subsequent loss of control

of the helicopter.

Since the issuance of that AD, the

manufacturer has issued a technical

bulletin that specifies installing new

saddle assemblies and new damper

supports with improved shock

characteristics. Additionally, the

technical bulletin specifies installing a

redesigned ejector saddle locking

system using mounting bolts instead of

a metallic clamp.

Agusta has issued Agusta Technical

Bulletin No. 109EP–5, dated December

22, 1999, which specifies modifying the

engine exhaust ejectors, P/N 109–0601–

51, by installing a kit, P/N 109–0822–94.

The ENAC classified this service

bulletin as mandatory and issued AD

No. 2000–001, dated January 4, 2000, 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, ENAC has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the ENAC,

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 A109E

model helicopters of the same type

design, the proposed AD would

supersede AD 99–03–10 to require

modifying the engine exhaust ejectors,

P/N 109–0601–51, by installing a kit, P/

N 109–0822–94.

The FAA estimates that 13 helicopters

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 12 work hours per

helicopter to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. The manufacturer

has stated that 12 work hours labor costs

at $40 per hour and kit will be provided

under warranty if requested prior to

December 31, 2000. Based on these

figures, the total cost impact of the

proposed AD on U.S. operators is

estimated to be $3,120, assuming that all

operators take full advantage of all the

warranty coverage stated by the

manufacturer.

The regulations proposed herein

would 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. Therefore,

it is determined that this proposal

would not have federalism implications

under Executive Order 13132.

For the reasons discussed above, I

certify that this proposed 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) if

promulgated, 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. A copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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

removing Amendment 39–11080 (64 FR

13502, March 19, 1999), and by adding

a new airworthiness directive (AD), to

read as follows:

Agusta S.p.A.: Docket No. 2000–SW–07–AD.

Supersedes AD 99–03–10, Amendment 39–

11080, Docket No. 99–SW–10–AD.

Applicability: Model A109E helicopters,

up to and including serial numbers 11057,

excluding serial numbers 11001, 11005,

11047, 11049, 11055 and 11056, with engine

exhaust ejectors, part number 109–0601–51,

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

otherwise 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

57300 Federal Register / Vol. 65, No. 185 / Friday, September 22, 2000 / Proposed Rules

of the requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (f) of this AD. The

request should include an assessment of the

effect of the modification, alteration, or repair

on the unsafe condition addressed by this

AD; and if the unsafe condition has not been

eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent loss of the metallic clamp or the

engine exhaust ejector, damage to the main

or tail rotor system, and subsequent loss of

control of the helicopter, accomplish the

following:

(a) Prior to further flight, in accordance

with Part I of the Compliance Instructions in

Agusta Bollettino Tecnico No. 109EP–3,

dated December 22, 1998 (Technical

Bulletin), inspect the exhaust ejector to

ejector saddle locking system, the dampers at

the bottom of the ejector saddle, and the

torque of the metallic clamp, and install

safety wire on the metallic clamp. If any

damage is found as a result of the inspection,

accomplish Part II of the Compliance

Instructions in the Technical Bulletin prior to

further flight.

(b) Within the next 10 hours time-inservice (TIS), inspect the dampers and

metallic clamps, and reposition and modify

the ejector saddle and the locking metallic

clamp in accordance with Part II of the

Compliance Instructions in the Technical

Bulletin.

(c) Thereafter, at intervals not to exceed 25

hours TIS, inspect the metallic clamp,

locking mechanism, and dampers in

accordance with Part III of the Compliance

Instructions in the Technical Bulletin.

(d) Before further flight after December 31,

2000, modify the engine exhaust ejectors,

part number (P/N) 109–0601–51, by

installing a kit, P/N 109–0822–94, in

accordance with the Compliance Instructions

in Agusta Technical Bulletin No. 109EP–5,

dated December 22, 1999.

(e) Installing a kit, P/N 109–0822–94, is

terminating action for the requirements of

this AD.

(f) 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, Regulations

Group, Rotorcraft Directorate, FAA.

Operators shall submit their requests through

a FAA Principal Maintenance Inspector, who

may concur or comment and then send it to

the Manager, Regulations Group.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Regulations Group.

(g) 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.

Note 3: The subject of this AD is addressed

in Ente Nazionale per l’Aviazione Civile

(Italy) AD No. 2000–001, dated January 4,

2000, and 2000–088, dated February 10,

2000.

Issued in Fort Worth, Texas, on September

15, 2000.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 00–24372 Filed 9–21–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–ASO–35]

Proposed Amendment of Class D and

Class E4 Airspace; Gainesville, FL

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This action proposes to

amend Class D and Class E4 airspace at

Gainesville, FL. The Gainesville

VORTAC has been relocated and

renamed. As a result the VHF Omnidirectional Range (VOR) Standard

Instrument Approach Procedure (SIAP)

is amended. Therefore, the Class E4

extension to the Class D surface area

will be rotated clockwise seven degrees.

This proposed action will also remove

the reference to the Gainesville

VORTAC from the Class D airspace

description.

DATES: Comments must be received on

or before October 23, 2000.

ADDRESSES: Send comments on the

proposal in triplicate to: Federal

Aviation Administration, Docket No.

00–ASO–35, Manager, Airspace Branch,

ASDO–520, P.O. Box 20636, Atlanta,

Georgia 30320.

The official docket may be examined in

the Office of the Regional Counsel for

Southern Region, Room 550, 1701

Columbia Avenue, College Park, Georgia

30337, telephone (404) 305–5586.

FOR FURTHER INFORMATION CONTACT:

Nancy B. Shelton, Manager, Airspace

Branch, Air Traffic Division, Federal

Aviation Administration, P.O. Box

20636, Atlanta, Georgia 30320;

telephone (404) 305–5586.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, aeronautical, economic,

environmental, and energy-related

aspects of the proposal. Communications should identify the airspace

docket number and be submitted in

triplicate to the address listed above.

Comments wishing the FAA to

acknowledge receipt of their comments

on this action must submit with those

comments a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Airspace Docket No. 00–ASO–35.’’ The

postcard will be date/time stamped and

returned to the commenter. All

communications received before the

specified closing date for comments will

be considered before taking action on

the proposed rule. The proposal

contained in this action may be changed

in light of the comments received. All

comments submitted will be available

for examination in the Office of the

Regional Counsel for Southern Region,

Room 50, 1701 Columbia Avenue,

College Park, Georgia 30337, both before

and after the closing date for comments.

A report summarizing each substantive

public contact with FAA personnel

concerned with this rulemaking will be

filed in the docket.

Availability of NPRMs

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, Manager,

Airspace Branch, ASO–520, Air Traffic

Division, P.O. Box 20636, Atlanta,

Georgia 30320. Communications must

identify the docket number of this

NPRM. Persons interested in being

placed on a mailing list for future

NPRMs should also request a copy of

Advisory Circular No. 11–2A, which

describes the application procedure.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR Part 71) to

amend Class D airspace and Class E4

airspace at Gainesville, FL. Class D

airspace designations for airspace areas

extending upward from the surface and

Class E4 airspace designations for

airspace areas designated as an

extension to a Class D airspace area are

published in Paragraphs 5000 and 6004

respectively, of FAA Order 7400.9H,

dated September 1, 2000 and effective

September 16, 2000, which is

incorporated by reference in 14 CFR

71.1. The Class D and Class E4 airspace

designations listed in this document

would be published subsequently in the

Order.