Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Rules and Regulations 50863 

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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on July 27, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–19696 Filed 8–17–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0806; Directorate 

Identifier 2010–SW–071–AD; Amendment 

39–16397; AD 2010–15–51] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Model A119 and AW119 MKII 

Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This document publishes in 

the Federal Register an amendment 

adopting Airworthiness Directive (AD) 

2010–15–51, which was sent previously 

to all known U.S. owners and operators 

of Agusta S.p.A. (Agusta) Model A119 

and AW119 MKII helicopters by 

individual letters. This AD requires, 

within 5 hours time-in-service (TIS), 

and thereafter at intervals not to exceed 

50 hours TIS, removing the cover of 

each pilot and co-pilot control box 

assembly (control box) and inspecting 

each rotary variable differential 

transformer (RVDT) control gear locking 

pin (locking pin) for proper position. If 

a locking pin is recessed, extended, or 

missing, this AD requires replacing the 

control box before further flight. This 

amendment is prompted by a report that 

an RVDT locking pin that was installed 

on a Model AW119 MKII helicopter 

moved from its proper position, 

resulting in loss of connectivity of the 

pilot and co-pilot throttle controls. The 

actions specified by this AD are 

intended to prevent the RVDT locking 

pin from moving from its proper 

position, which could lead to loss of 

manual engine throttle control, and 

subsequent loss of control of the 

helicopter. 

DATES: Effective September 2, 2010, to 

all persons except those persons to 

whom it was made immediately 

effective by Emergency AD 2010–15–51, 

issued on July 16, 2010, which 

contained the requirements of this 

amendment. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of September 

2, 2010. 

Comments for inclusion in the Rules 

Docket must be received on or before 

October 18, 2010. 

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: Rao 

Edupuganti, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Regulations 

and Policy Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137, telephone 

(817) 222–4389, fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: On July 

16, 2010, we issued Emergency AD 

2010–15–51 for the specified model 

helicopters, which requires, within 5 

hours TIS, and thereafter at intervals not 

to exceed 50 hours TIS, removing the 

cover of the pilot and co-pilot control 

boxes and inspecting each RVDT 

locking pin for proper position. If a 

locking pin is recessed, extended, or 

missing, the AD requires replacing the 

control box before further flight. That 

action was prompted by a report that an 

RVDT locking pin that was installed on 

a Model AW119 MKII helicopter moved 

from its proper position, resulting in 

loss of connectivity of the pilot and copilot throttle controls. Investigation 

revealed that the pilot’s locking pin had 

moved from its proper position, which 

resulted in the loss of the co-pilot 

throttle control. This condition, if not 

detected and corrected, could result in 

loss of manual engine throttle control, 

and subsequent loss of control of the 

helicopter. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, notified us that an unsafe 

condition may exist on Agusta Model 

A119 and AW119 MKII helicopters. 

EASA advises of a nonconformity of 

certain control boxes, unseating of a 

locking pin, and loss of the pilot and copilot engine throttle synchronicity. 

EASA states this condition, if not 

detected and corrected, could lead to 

the loss of manual engine throttle 

control and consequent loss of control 

of the helicopter. 

Agusta has issued Alert Bollettino 

Tecnico No. 119–39, dated July 2, 2010 

(ABT). The ABT describes procedures 

for inspecting the pilot and co-pilot 

control box for correct positioning of the 

locking pin. The ABT states that the 

investigation is still in progress to find 

a solution to the malfunction. The 

instructions in the ABT are prescribed 

as precautionary pending future 

corrective action. EASA classified this 

ABT as mandatory and issued 

Emergency AD 2010–0142–E, dated July 

5, 2010, to ensure the continued 

airworthiness of these helicopters. This 

AD differs from EASA Emergency AD 

No. 2010–0142–E in that we use the 

term ‘‘hours time-in-service’’ rather than 

‘‘flight hours.’’ Also, we clarify the 

inspection requirements and do not use 

the calendar date of August 31, 2010 as 

a required compliance time. 

These helicopter models are 

manufactured in Italy and are type 

certificated for operation in the United 

States under the provisions of 14 CFR 

21.29 and the applicable bilateral 

agreement. Pursuant to the applicable 

bilateral agreement, EASA has kept the 

FAA informed of the situation 

described. We have examined the 

findings of EASA, reviewed all available 

information, and determined that AD 

action is necessary for products of these 


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50864 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Rules and Regulations 

type designs that are certificated for 

operation in the United States. 

Since the unsafe condition described 

is likely to exist or develop on other 

Agusta Model A119 and AW119 MKII 

helicopters of the same type design, we 

issued Emergency AD 2010–15–51 to 

detect a missing or improperly fitted 

RVDT locking pin, which could lead to 

loss of manual engine throttle control, 

and subsequent loss of control of the 

helicopter. The AD requires, within 5 

hours TIS, and thereafter at intervals not 

to exceed 50 hours TIS, removing the 

cover of the pilot and co-pilot control 

boxes and inspecting the locking pins 

for proper position. If the locking pin is 

recessed or extended in excess of 2.0 

millimeters from the face of the pin 

bore, or missing, before further flight, 

replacing the control box with an 

airworthy control box that has been 

inspected in accordance with paragraph 

(a) of the AD is required. Replacing the 

control box does not constitute 

terminating action for the inspection 

requirements of the AD. The actions 

must be accomplished in accordance 

with specified portions of the ABT 

described previously. 

The short compliance time involved 

is required because the previously 

described critical unsafe condition can 

adversely affect the controllability of the 

helicopter. The actions previously 

described are required within short 

compliance times: 5 hours TIS and then 

at intervals not to exceed 50 hours TIS 

for the initial and repetitive inspections 

and before further flight for any required 

control box replacement; therefore, this 

AD must be issued immediately. 

Since it was found that immediate 

corrective action was required, notice 

and opportunity for prior public 

comment thereon were impracticable 

and contrary to the public interest, and 

good cause existed to make the AD 

effective immediately by individual 

letters issued on July 16, 2010 to all 

known U.S. owners and operators of 

Agusta Model A119 and AW119 MKII 

helicopters. These conditions still exist, 

and the AD is hereby published in the 

Federal Register as an amendment to 14 

CFR 39.13 to make it effective to all 

persons. 

We estimate that this AD will affect 

32 helicopters of U.S. registry. Each 

inspection of both control boxes will 

take 11⁄2 hours and each control box 

replacement will take approximately 8 

work hours (2 per helicopter). The 

average labor rate is $85 per work hour. 

It will cost approximately $12,852 for a 

pilot control box and $11,768 for a copilot control box. Based on these 

figures, we estimate the total cost 

impact of the AD on U.S. operators to 

be $835,440 ($26,108 per helicopter, 

assuming 1 inspection of each control 

box and replacing both control boxes on 

each helicopter). 

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–2010–0806; 

Directorate Identifier 2010–SW–071– 

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 our 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); and 

3. 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 

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 adding 

a new airworthiness directive to read as 

follows: 

2010–15–51 Agusta S.p.A.: Amendment 39– 

16397. Docket No. FAA–2010–0806; 

Directorate Identifier 2010–SW–071–AD. 

Applicability: Model A119 and AW119 

MKII helicopters, with pilot control box 

assembly (control box), part number (P/N) 

109–0010–81–103, and co-pilot control box, 

P/N 109–0010–81–107, installed, certificated 

in any category. 

Compliance: Required as indicated. 

To detect a missing, or improperly fitted, 

engine rotary variable differential transformer 

(RVDT) control gear locking pin (locking 

pin), P/N MS16555–628, which could lead to 

loss of manual engine throttle control, and 

subsequent loss of control of the helicopter, 

accomplish the following: 

(a) Within 5 hours time-in-service (TIS) 

unless accomplished previously, and 

thereafter at intervals not to exceed 50 hours 

TIS, remove the cover of the pilot and copilot control boxes and inspect the locking 


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Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Rules and Regulations 50865 

pins for proper position by following the 

Compliance Instructions, Parts I and II, 

paragraphs 2. through 4.1 for the pilot control 

box and paragraphs 5. through 7.1 for the copilot control box, in Agusta Alert Bollettino 

Tecnico No. 119–39, dated July 2, 2010. 

(b) If the locking pin is recessed or 

extended in excess of 2.0 millimeters from 

the face of the pin bore, or missing, before 

further flight, replace the control box with an 

airworthy control box that has been 

inspected in accordance with paragraph (a) of 

this AD. Replacing the control box does not 

constitute terminating action for the 

inspection requirements of this AD. 

(c) 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: Rao 

Edupuganti, Aviation Safety Engineer, 

Rotorcraft Directorate, Regulations and Policy 

Group, 2601 Meacham Blvd., Fort Worth, 

Texas 76137, telephone (817) 222–4389, fax 

(817) 222–5961, for information about 

previously approved alternative methods of 

compliance. 

(d) The Joint Aircraft System/Component 

(JASC) Code is 6700: Rotors Flight Control. 

(e) The inspections shall be done in 

accordance with the specified portions of 

Agusta Alert Bollettino Tecnico No. 119–39, 

dated July 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 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. 

(f) This amendment becomes effective on 

September 2, 2010, to all persons except 

those persons to whom it was made 

immediately effective by Emergency AD 

2010–15–51, issued July 16, 2010, which 

contained the requirements of this 

amendment. 

Note: The subject of this AD is addressed 

in European Aviation Safety Agency AD 

2010–0142–E, dated July 5, 2010. 

Issued in Fort Worth, Texas, on August 4, 

2010. 

Scott A. Horn, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–19816 Filed 8–17–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0329 Directorate 

Identifier 2010–CE–016–AD; Amendment 

39–16400; AD 2010–17–08] 

RIN 2120–AA64 

Airworthiness Directives; Various 

Aircraft Equipped With Rotax Aircraft 

Engines 912 A Series Engines 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Due to high fuel pressure, caused by 

exceeding pressure in front of the mechanical 

fuel pump (e.g. due to an electrical fuel 

pump), in limited cases a deviation in the 

fuel supply could occur. This can result in 

exceeding of the fuel pressure and might 

cause engine malfunction and/or massive 

fuel leakage. 

We are issuing this AD to prevent the 

pump from causing excessive fuel 

pressure, which could result in engine 

malfunction or a massive fuel leak. 

These conditions could cause loss of 

control of the airplane or a fire. We are 

issuing this AD to require actions to 

correct the unsafe condition on these 

products. 

DATES: This AD becomes effective 

September 22, 2010. 

On September 22, 2010, the Director 

of the Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

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: 

Sarjapur Nagarajan, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4145; fax: (816) 329–4090; e-mail: 

sarjapur.nagarajan@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on June 8, 2010 (75 FR 32315). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Due to high fuel pressure, caused by 

exceeding pressure in front of the mechanical 

fuel pump (e.g. due to an electrical fuel 

pump), in limited cases a deviation in the 

fuel supply could occur. This can result in 

exceeding of the fuel pressure and might 

cause engine malfunction and/or massive 

fuel leakage. 

Non-compliance with these instructions 

could result in engine damages, personal 

injuries or death. 

The MCAI requires replacing the 

affected fuel pumps with a different part 

number fuel pump. 

The MCAI applies to all versions of 

Bombardier-Rotax GmbH 912 A, 912 F, 

and 912 S series engines. Versions of the 

912 F series and 912 S series engines are 

type certificated in the United States. 

However, the Model 912 A series engine 

installed in various aircraft does not 

have an engine type certificate; instead, 

the engine is part of the aircraft type 

design. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are highlighted in 

a NOTE within the AD. 


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