Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / Rules and Regulations 66623 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1034; Directorate 

Identifier 2011–SW–014–AD; Amendment 

39–16816; AD 2011–20–06] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Model AB139 and AW139 

Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This amendment supersedes 

an existing airworthiness directive (AD) 

for Agusta S.p.A. (Agusta) Model AB139 

and AW139 helicopters. This action 

retains the requirements in the existing 

AD and adds a daily check of the 

tailboom panels to detect bulging or 

deformation of the tailboom outer skin 

panels. If there is bulging or 

deformation, this AD requires a 

mechanic to do a tap inspection for 

debonding. If the debonded area 

exceeds a certain limit, this AD requires 

modifying the tailboom. Also, when an 

area of debond does not exceed the 

limits, this AD requires, before further 

flight, repairing the debonded area of 

the tailboom or replacing the tailboom. 

This action also adds a tap inspection 

for additional tailboom panels and 

requires the inspection on both sides of 

the tailboom. This amendment is 

prompted by the determination that 

more inspections are required and to 

limit the applicability only to those 

helicopters with tailboom assemblies 

that have not been modified. Modifying 

the tailboom assembly is terminating 

action for the requirements of this AD. 

The actions specified in this AD are 

intended to detect damage in the 

tailboom to prevent failure of a tailboom 

and subsequent loss of control of a 

helicopter. 

DATES: Effective November 14, 2011. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of November 

14, 2011. 

Comments for inclusion in the Rules 

Docket must be received on or before 

December 27, 2011. 

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. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Miles, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Regulations 

and Policy Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137, telephone 

(817) 222–5122, fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: Based on 

the European Aviation Safety Agency 

(EASA) AD No. 2009–0198 E, dated 

September 16, 2009, we issued 

Emergency AD 2009–19–51, to all 

known U.S. owners and operators of 

Agusta Model AB139 and AW139 

helicopters. We then issued a Final rule; 

request for comments for AD 2009–19– 

51, Amendment 39–16129, on January 

11, 2010 (75 FR 3615, January 22, 2010). 

That AD requires inspecting the 

tailboom panels for debonding and if 

the debonding area exceeds a certain 

limit, repairing the tailboom. That 

action was prompted by a Model 

AW139 helicopter tailboom bending 

and collapsing during taxiing. That 

condition, if not corrected, could result 

in failure of a tailboom and subsequent 

loss of control of the helicopter. 

Since issuing AD 2009–19–51, we 

have determined that additional 

inspections are needed on certain 

tailboom configurations. This 

determination was based on findings 

from the previous inspections required 

by AD 2009–19–51. Also, the 

manufacturer has introduced tailboom 

reinforcement structural retro 

modification (MOD), part number (P/N) 

3G5309P01812, to reinforce the 

structure of the tailboom. 

After reports of debonding of fuselage 

tailboom panels, EASA, which is the 

Technical Agent for the Member States 

of the European Union, issued the 

following ADs to correct an unsafe 

condition for the specified Agusta 

model helicopters: 

• No. 2009–0234–E, dated October 

28, 2009, introduced additional 

inspections of the tailboom panels. 

• No. 2009–0234–E R1, dated October 

29, 2009, added some serial numbers. 

• No. 2011–0019, dated February 3, 

2011, limits the applicability only to 

those helicopters with tailboom 

assemblies that have not been modified 

according to MOD, P/N 3G5309P01812, 

and requires modifying the tailboom 

assemblies with MOD, P/N 

3G5309P01812, and to contact Agusta if 

there is an area of debond that exceeds 

the specified limits. 

Related Service Information 

Agusta has issued Alert Bollettino 

Tecnico (ABT) No. 139–195, Revision B, 

dated February 2, 2010, which 

supersedes ABT No. 139–193 and No. 

139–194, both dated September 3, 2009. 

Based on findings from the inspections 

specified in ABT No. 139–193 and No. 

139–194 on specific tailboom 

configurations, the revised ABT 

specifies a tighter inspection schedule 

and more frequent tapping inspections 

on two specific areas. The revised ABT 

retains the 50-flight hour tapping 

inspection specified by the superseded 

ABTs for inspecting the affected 

tailboom panels for signs of debonding 

and contacting the manufacturer for 

repair instructions. EASA classified the 

revised ABT as mandatory and issued 

AD No. 2009–0234–E, dated October 28, 

2009, and subsequently 2009–0234–E 

R1, dated October 29, 2009, and 2011– 

0019 dated February 3, 2011, to ensure 

the continued airworthiness of these 

helicopters. 

FAA’s Evaluation and Unsafe Condition 

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, EASA, their 

technical representative, has notified us 

of the unsafe condition described in AD 

2011–0019. We are issuing this AD 

because we evaluated all information 

provided by EASA and determined the 

unsafe condition exists and is likely to 

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66624 Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / Rules and Regulations 

exist or develop on other helicopters of 

these same type designs. 

Differences Between This AD and the 

EASA AD 

We refer to flight hours as hours timein-service (TIS). Also, we do not require 

you to contact the manufacturer. 

Finally, we require the inspection on 

both sides of the tailboom, and the 

EASA AD only requires the inspection 

on the right side of the tailboom. We do 

not require a specific part-numbered 

platform to do the inspections, and the 

EASA AD requires using Platform (CG– 

07–00), P/N 2004–5007–B or approved 

equivalent. 

Comments 

The comment period for AD 2009–19– 

51 closed on March 23, 2010. We have 

considered the two comments received 

from one commenter. 

The commenter states that Agusta 

ABT No. 139–195, Revision A, dated 

October 27, 2009, supersedes ABT No. 

139–193 and 139–194, and recommends 

referencing ABT 139–195 in the AD. 

The commenter also recommends 

relocating Note 1 because the current 

location in the AD can cause confusion. 

We agree with the commenter, but 

ABT No. 139–195 has been revised to 

Revision B. Therefore, we reference 

ABT 139–195, Revision B, dated 

February 2, 2010, in this superseding 

AD. The comment about relocating Note 

1 is not adopted because the ABT is 

referenced in the accomplishment 

instructions of this AD rather than in a 

Note. 

FAA’s Determination and Requirements 

of This AD 

This unsafe condition is likely to exist 

or develop on other helicopters of the 

same type design. Therefore, this AD is 

being issued to detect damage in the 

tailboom to prevent failure of a tailboom 

and subsequent loss of control of a 

helicopter. This AD requires a daily 

check of each tailboom panel to detect 

outer skin bulging or deformation of the 

tailboom. This AD allows a pilot 

holding at least a private pilot certificate 

to perform this check because it 

involves only a visual check for outer 

skin bulging or deformation of the 

tailboom and does not require the use of 

tools and can be performed equally well 

by a pilot or a mechanic. If there is 

bulging or deformation on a skin panel, 

this AD requires a mechanic to use an 

aluminum hammer, P/N 109–3101–58– 

2, to tap inspect the area around the 

bulge or deformation for debonding. 

This AD also requires tap inspecting the 

tailboom panels for debonding at 25- 

hour TIS intervals in certain areas on 

three part-numbered tail assemblies 

with certain serial numbers and at 50- 

hour TIS intervals for all affected tail 

assemblies except those that are 

required to be inspected within this 25- 

hour TIS interval. If there is any 

debonding that is not within the 

acceptable limits, before further flight, 

installing tailboom structural 

reinforcement MOD, P/N 

3G5309P01812, is required. If there is 

any debonding that is within the 

acceptable limits, before further flight, 

repairing the tailboom is required. 

Modifying the tailboom per MOD, P/N 

3G5309P01812, is 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 controllability and 

structural integrity of the helicopter. 

Therefore, because a daily check of the 

tailboom panels for outer skin bulgings 

or deformation and the tailboom panel 

inspections for debonding at 25-hour 

and 50-hour TIS is a very short time 

interval, 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. 

Costs of Compliance 

We estimate that this AD will affect 

about 76 helicopters. We also estimate 

that it will take a minimal amount of 

time to do the daily check and about 2 

work-hours per recurring inspection per 

helicopter to inspect the tailboom 

panels for debonding. The average labor 

rate is $85 per work-hour. Installing 

MOD, P/N 3G5309P01812, would 

require 192 work-hours at a parts cost of 

$52,300. Based on these figures, 

assuming there are 12 recurring 

inspections and 8 tailboom 

modifications, we estimate the cost of 

this AD on U.S. operators is $704,000. 

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–2011–1034; 

Directorate Identifier 2011–SW–014– 

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 the 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 

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); 

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. 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 

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Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / Rules and Regulations 66625 

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 

removing Amendment 39–16129; (75 FR 

3615, January 22, 2010), and by adding 

a new airworthiness directive (AD), 

Amendment 39–16816, to read as 

follows: 

2011–20–06 Agusta S.p.A.: Amendment 39– 

16816. Docket No. FAA–2011–1034; 

Directorate Identifier 2011–SW–014–AD. 

Supersedes AD 2009–19–51, 

Amendment 39–16129; Docket No. 

FAA–2009–1125, Directorate Identifier 

2009–SW–50–AD. 

Applicability: Model AB139 and AW139 

helicopters, with a tail assembly, part 

number (P/N) 3G5350A00132, 

3G5350A00133, 3G5350A00134, or 

3G5350A00135, except those with tailboom 

reinforcement structural retro-modification 

(MOD), P/N 3G5309P01812, installed, 

certificated in any category. 

Compliance: Required as indicated. 

To detect damage to the tailboom to 

prevent failure of a tailboom and subsequent 

loss of control of a helicopter, do the 

following: 

(a) For all affected helicopters, before 

further flight, visually check all tailboom 

panels on both sides of the tailboom for skin 

bulging or deformation. Pay particular 

attention to the previously repaired areas. 

This visual check may be performed by an 

owner/operator (pilot) holding at least a 

private pilot certificate and must be entered 

into the helicopter records showing 

compliance with paragraph (a) of this AD in 

accordance with 14 CFR 43.9(a)(1)-(4) and 

91.417(a)(2)(v). 

(b) If there is bulging or deformation of a 

tailboom panel skin, before further flight, 

using an aluminum hammer (GF–06–00), P/ 

N 109–3101–58–2 (aluminum hammer), tap 

inspect the area around the bulge or 

deformity for debonding. Mark the 

boundaries of the debond area and measure 

the size of the marked area. 

(c) For helicopters with a tailboom 

assembly, P/N 3G5350A00132, 

3G5350A00133, or 3G5350A00134, and a 

serial number (S/N) with a prefix of ‘‘A’’ up 

to and including S/N 7/109 for the short nose 

configuration and a S/N with a prefix of ‘‘A’’ 

up to and including S/N 7/063 for the longnose configuration, within 25 hours time-inservice (TIS) from the last inspection or 

within 7 days, whichever occurs first, unless 

done previously, and thereafter at intervals 

not to exceed 25 hours TIS, tap inspect each 

tailboom panel on both sides of the tailboom 

in AREAs 3 and 5 for debonding, using an 

aluminum hammer as depicted in Figure 2 of 

Agusta Alert Bollettino Tecnico No. 139–195, 

Revision B, dated February 2, 2010 (ABT). 

First, inspect AREA 5 then AREA 3. You do 

not need to tap inspect the longeron area 

contained in AREA 3. Pay particular 

attention to previously repaired areas. 

(d) For all affected helicopters, except 

those with tailboom assembly part numbers 

and serial numbers described in paragraph 

(c) of this AD, within 50 hours TIS, unless 

done previously, and thereafter at intervals 

not to exceed 50 hours TIS, tap inspect each 

tailboom panel on both sides of the tailboom 

for debonding using an aluminum hammer. 

Pay particular attention to the previously 

repaired areas. 

(e) If there is any debonding, mark the 

debond area and measure the size of the 

marked area. 

(f) Before further flight, install tailboom 

structural reinforcement per MOD, P/N 

3G5309P01812; if: 

(1) The mathematical area of a single 

debond is equal to or greater than 320 mm2

and is wholly within AREA 3 as depicted in 

Figure 2 of the ABT; 

(2) The mathematical area of a single 

debond is equal to or exceeds 150 mm2 if the 

debond occurs in area 1, 2, 4, or 5 as depicted 

in Figure 2 of the ABT; or 

(3) The distance between the edges of any 

two debonded areas is less than 3 times the 

largest debond dimension of the two 

debonded areas measured on a line between 

the centers of the two debonded areas; or 

(4) A debond is within 3 mm from any 

bond joint edge. 

(g) If none of the criteria of paragraphs 

(f)(1) through (f)(4) of this AD are met, before 

further flight, repair the debonded area of the 

tailboom using FAA engineering approved 

data and procedures or replace the tailboom 

with an airworthy tailboom. 

(h) Modifying the tailboom per MOD, P/N 

3G5309P01812, is terminating action for the 

requirements of this AD. 

(i) 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: Sharon 

Miles, ASW–111, Aviation Safety Engineer, 

Rotorcraft Directorate, Regulations and 

Guidance Group, 2601 Meacham Blvd, Fort 

Worth, Texas 76137, telephone (817) 222– 

5122, fax (817) 222–5961, for information 

about previously approved alternative 

methods of compliance. 

(j) The Joint Aircraft System/Component 

(JASC) Code is 5302: Rotorcraft Tailboom. 

(k) The inspections shall be done on both 

sides of the tailboom by following the 

specified portions of Agusta Alert Bollettino 

Tecnico No. 139–195, Revision B, dated 

February 2, 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, 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. 

(l) This amendment becomes effective on 

November 14, 2011. 

Note: The subject of this AD is addressed 

in European Aviation Safety Agency AD No. 

2011–0019, dated February 3, 2011 

Issued in Fort Worth, Texas, on September 

13, 2011. 

Lance T. Gant, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–27690 Filed 10–26–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 4 

[Docket No. TTB–2011–0002; T.D. TTB–95; 

Re: Notice No. 116] 

RIN 1513–AA42 

Approval of Grape Variety Names for 

American Wines 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Final rule; Treasury decision. 

SUMMARY: This document adopts, as a 

final rule, a proposal to amend the 

Alcohol and Tobacco Tax and Trade 

Bureau regulations by adding a number 

of new names to the list of grape variety 

names approved for use in designating 

American wines, and to include in the 

list several separate entries for 

synonyms of existing entries so that 

readers can more readily find them. 

These amendments will allow bottlers 

of wine to use more grape variety names 

on wine labels and in wine 

advertisements. 

DATES: Effective Date: This final rule is 

effective November 28, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Berry, Alcohol and Tobacco 

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