Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations 58647

submit their requests through an appropriate

FAA Principal Maintenance Inspector, who

may add comments and then send it to the

Manager, ECO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this airworthiness directive,

if any, may be obtained from the ECO.

Special Flight Permits

(i) Special flights 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 aircraft to

a location where the requirements of this AD

can be accomplished.

Documents That Have Been Incorporated by

Reference

(j) The borescope plug replacement must

be done in accordance with GE ASB CF6–50

72C–A1196, dated September 15, 2000. 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 General

Electric Company via Lockheed Martin

Technology Services, 10525 Chester Road,

Suite C, Cincinnati, Ohio 45215, telephone

(513) 672–8400, fax (513) 672–8422. Copies

may be inspected at the FAA, New England

Region, Office of the Regional Counsel, 12

New England Executive Park, Burlington,

MA; or at the Office of the Federal Register,

800 North Capitol Street, NW, suite 700,

Washington, DC.

Effective Date

(k) This amendment becomes effective on

October 17, 2000.

Issued in Burlington, Massachusetts, on

September 21, 2000.

Mark C. Fulmer,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 00–24901 Filed 9–29–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–SW–21–AD; Amendment

39–11917; AD 2000–20–06]

RIN 2120–AA64

Airworthiness Directives; Agusta

S.p.A. Model A109K2 and A109E

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) for

Agusta S.p.A. (Agusta) Model A109K2

and A109E helicopters. This AD

requires replacing a certain main

transmission aft support fitting (aft

support fitting) with an airworthy aft

support fitting within specified time

intervals and establishes a retirement

life for certain aft support fittings. This

AD is prompted by three failures of the

engine to main gearbox drive shaft due

to fatigue cracks on the aft support

fittings. This condition, if not corrected,

could result in excessive displacement

of the main gearbox, failure of an engine

to main gearbox drive shaft, loss of

power to the main rotor, and a

subsequent forced landing.

DATES: Effective October 17, 2000.

Comments for inclusion in the Rules

Docket must be received on or before

December 1, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 2000–SW–

21–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.

FOR FURTHER INFORMATION CONTACT:

Uday Garadi, Aviation Safety Engineer,

FAA, Rotorcraft Directorate, Rotorcraft

Standards Staff, Fort Worth, Texas

76193–0110, telephone (817) 222–5123,

fax (817) 222–5961.

SUPPLEMENTARY INFORMATION: The Ente

Nazionale per l’Aviazione Civile

(ENAC), which is the airworthiness

authority for Italy, notified the FAA that

an unsafe condition may exist on Agusta

Model A109K2 and A109E helicopters.

The ENAC advises replacing certain

support fittings.

Agusta has issued Alert Bollettino

Tecnico (Technical Bulletin) No. 109K–

25 and No. 109EP–7, both dated March

3, 2000, which specify replacing the left

and right aft aluminum support fittings

with improved steel support fittings and

establishes a new retirement life for the

aluminum support fittings installed on

the aft end of the main transmission.

The ENAC classified those technical

bulletins as mandatory and issued AD

No. 2000–128, dated March 6, 2000, to

assure the continued 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 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 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.

The FAA has identified an unsafe

condition that is likely to exist or

develop on other Agusta Model A109K2

and A109E helicopters of the same type

designs registered in the United States.

This AD is being issued to prevent

cracks on the aft support fittings that

could result in excessive displacement

of the main gearbox, failure of an engine

to main gearbox drive shaft, loss of

power to the main rotor, and a

subsequent forced landing. This AD

requires replacing any aft support

fitting, P/N 109–0325–08–01, with an

airworthy support fitting, P/N 109–

0325–08–109, within specified time

intervals and establishes a retirement

life of 150 hours TIS for support fittings,

P/N 109–0325–08–01, installed on the

aft end of the main transmission.

Installing the support fittings, P/N 109–

0325–08–109, constitutes terminating

action for the requirements of this AD.

The short compliance time involved is

required because the previously

described critical unsafe condition can

adversely affect the structural integrity

of the helicopter. Therefore, replacing

certain support fittings with 140 hours

TIS or more is required within 10 hours

TIS, and this AD must be issued

immediately.

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.

The FAA estimates that 4 helicopters

will be affected by this AD, that it will

take approximately 9 work hours per

Agusta Model A109E helicopter and 6

work hours per Agusta Model A109K2

helicopter to replace the support

fittings, and that the average labor rate

is $60 per work hour. The manufacturer

has stated in the technical bulletins that

labor will be reimbursed up to $40 per

work hour for the Agusta Model A109E,

and all required parts for both model

helicopters will be provided under

warranty. Based on these figures, the

total cost impact of the AD on U.S.

operators is estimated to be $1,440.

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

58648 Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations

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 mailed

comments submitted in response to this

rule must submit a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Docket No. 2000–SW–

21–AD.’’ The postcard will be date

stamped and returned to the

commenter.

The regulations adopted herein 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. Therefore, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

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, 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:

2000—20–06 Agusta S.p.A.: Amendment 39–

11917. Docket No. 2000–SW–21–AD.

Applicability: Model A109K2 with serial

number (S/N) up to and including 10036 and

Model A109E with S/N up to and including

11069, excluding A109E helicopters with

serial number 11049, 11055, 11056, or 11067,

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

of the requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (d) 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 a crack in a main transmission

aft support fitting (aft support fitting) that

could result in excessive displacement of the

main gearbox, failure of an engine to main

gearbox drive shaft, loss of power to the main

rotor, and a subsequent forced landing,

accomplish the following:

(a) Remove each main transmission aft

support fitting, part number (P/N) 109–0325–

08–01 and replace it with an airworthy

support fitting, P/N 109–0325–08–109, as

follows:

(1) For an aft support fitting, P/N 109–

0325–08–01, with less than 140 hours timein-service (TIS), replace it at or before 150

hours TIS.

(2) For an aft support fitting, P/N 109–

0325–08–01, with 140 or more hours TIS,

replace it within 10 hours TIS.

Note 2: Agusta Alert Bollettino Tecnico

(Technical Bulletin) No. 109K–25 and No.

109EP–7, both dated March 3, 2000, pertain

to the subject of this AD.

(b) This AD revises the Airworthiness

Limitations Section of the applicable

maintenance manual by establishing a life

limit of 150 hours TIS for the aft support

fitting, P/N 109–0325–08–01.

(c) Replacing all aft support fittings, P/N

109–0325–08–01, with support fittings, P/N

109–0325–08–109, constitutes terminating

action for the requirements of this AD.

(d) 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

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Regulations Group.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Regulations Group.

(e) 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.

(f) This amendment becomes effective on

October 17, 2000.

Note 4: The subject of this AD is addressed

in Ente Nazionale per l’Aviazione Civile

(Italy) AD No. 2000–128, dated March 6,

2000.

Issued in Fort Worth, Texas, on September

25, 2000.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 00–25151 Filed 9–29–00; 8:45 am]

BILLING CODE 4910–13–P

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Part 4

RIN 3038–AB60

Profile Documents for Commodity

Pools

AGENCY: Commodity Futures Trading

Commission.

ACTION: Final rules.

SUMMARY: The Commodity Futures

Trading Commission (‘‘CFTC’’ or

‘‘Commission’’) is adopting

amendments to its rules to permit

commodity pool operators (‘‘CPOs’’) to

provide a summary profile document to

prospective commodity pool

participants prior to giving them the

pool’s complete disclosure document.

Certain technical changes to rules

relating to CPOs and commodity trading

advisors (‘‘CTAs’’) are also being

adopted.

EFFECTIVE DATE: November 1, 2000.