Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11009 

Material Incorporated by Reference 

(l) You must use Airbus Service Bulletin 

A320–57–1126, dated August 8, 2003, to do 

the actions required by this AD, unless the 

AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Airbus, Airworthiness 

Office—EAS, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; fax +33 5 61 

93 44 51; e-mail: account.airwortheas@airbus.com; Internet http:// 

www.airbus.com. 

(3) You may review copies of the service 

information that is incorporated by reference 

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 or 425–227–1152. 

(4) You may also review copies of the 

service information 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 February 

27, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–5009 Filed 3–13–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0170; Directorate 

Identifier 2008–SW–45–AD; Amendment 39– 

15843; AD 2009–06–07] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Model AB139 and AW139 

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. Model AB139 and AW139 

helicopters. This AD results from 

mandatory continuing airworthiness 

information (MCAI) issued by the 

European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community. The MCAI states: 

‘‘Operators had reported a number of 

occurrences of in-flight losses of cockpit 

door windows, both left and right side. 

This condition, if not corrected, could 

result in damage to critical 

components.’’ The actions specified by 

this AD are intended to require that 

cockpit door windows (windows) be 

replaced with re-designed windows to 

prevent a window from separating from 

the helicopter, contacting the tailboom 

or tail rotor, resulting in loss of control 

of the helicopter. 

DATES: This AD becomes effective on 

March 31, 2009. 

The incorporation by reference of 

certain publications is approved by the 

Director of the Federal Register as of 

March 31, 2009. 

We must receive comments on this 

AD by May 15, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting your 

comments electronically. 

• 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, 

Product Support Italy, Via per 

Tornavento, 15 21019 Somma 

Lombardo, Varese Italy, telephone 39 

(0331) 711111, fax 39 (0331) 711397, or 

at http://customersupport.agusta.com/ 

technical_advice.php. 

Examining the 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 

stated in the ADDRESSES section of this 

AD. 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 Guidance Group, Fort Worth, Texas 

76193–0111, telephone (817) 222–5122, 

fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The EASA, which is the Technical 

Agent for the Member States of the 

European Community, has issued EASA 

AD No. 2008–0108, dated June 5, 2008, 

to correct an unsafe condition for Model 

AB139 and AW139 helicopters. 

Previously, EASA issued AD 2007– 

0142, which required a dimensional 

check and, if necessary, repairing the 

cockpit door installation and replacing 

the window seal. After the issuance of 

AD 2007–0142, cases of cracks on 

windows leading to loss of part of the 

window were reported on cockpit doors 

on which actions required by AD 2007– 

0142 were applied. Therefore, EASA 

issued AD 2008–0011, which 

superseded AD 2007–0142 and included 

the same requirements, but also 

required reinforcing the windows in the 

area where cracks had reportedly 

developed. Additional cases of in-flight 

breakage of windows have been 

reported concerning cockpit doors on 

which the actions required by AD 2008– 

0011 were applied. Further 

investigation showed that cracks had 

originated in a different area of the 

windows than with the previous cases, 

suggesting a different route to failure. 

You may obtain further information 

by examining the MCAI and any related 

service information in the AD docket. 

Related Service Information 

Agusta S.p.A. has issued Bollettino 

Tecnico No. 139–129, dated June 3, 

2008 (BT 139–129), which describes 

replacing the left-hand side window 

with a window, part number (P/N) 

3P5211A10152A1, and right-hand side 

window with a window, P/N 

3P5211A48131A1, as well as installing 

an additional strap to allow immediate 

jettison in an emergency and installing 

a new external emergency exit placard, 

P/N 212–072–636–109. The actions 

described in the MCAI are intended to 

correct the same unsafe condition as 

that identified in the service 

information. 

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, their Technical 

Agent, EASA, has notified us of the 

unsafe condition described in the MCAI. 

We are issuing this AD because we 

evaluated all information provided by 

EASA and determined the unsafe 

condition exists and is likely to exist or 

develop on other helicopters of these 

same type designs. 

11010 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

Differences Between This AD and the 

MCAI 

The MCAI requires compliance 

within 200 flight hours or 6 months and 

uses the term ‘‘flight hours.’’ This AD 

uses the term ‘‘hours time-in-service’’ 

(TIS) rather than ‘‘flight hours,’’ and 

requires compliance within 30 hours 

TIS or 30 days. Also, this AD references 

specific steps in BT 139–129 to use in 

complying with the AD. Finally, this AD 

does not require you to contact Agusta 

S.p.A. AW139 Customer Support 

Engineering. 

Costs of Compliance 

We estimate that this AD will affect 

about 26 helicopters of U.S. registry. We 

also estimate that it will take about 4 

work-hours per helicopter to replace 

both the left-hand side and right-hand 

side window and install a strap and 

external emergency exit placard on each 

door. The average labor rate is $80 per 

work-hour. The service information 

states that required parts will be 

provided by the manufacturer at no cost, 

however we estimate the cost of parts 

not covered by warranty to be $8,300 

per helicopter. Based on these figures, 

we estimate the cost of this AD on U.S. 

operators will be $8,620 per helicopter, 

or $224,120 for the entire fleet. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. We find that the risk to the flying 

public justifies waiving notice and 

comment prior to adoption of this rule 

because a window separating from the 

helicopter could contact the tailboom or 

tail rotor, resulting in loss of control of 

the helicopter, and compliance with this 

AD is required within a short time 

period. Therefore, we have 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 

fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. 

However, we invite you to send us any 

written data, views, or arguments 

concerning this AD. Send your 

comments to an address listed under the 

ADDRESSES section of this AD. Include 

‘‘Docket No. FAA–2009–0170; 

Directorate Identifier 2008–SW–45–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because 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 we receive 

about this AD. 

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. 

Therefore, I certify this AD: 

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 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 AD: 

2009–06–07 Agusta S.p.A.: Amendment 39– 

15843. Docket No. FAA–2009–0170; 

Directorate Identifier 2008–SW–45–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective on March 31, 2009. 

Other Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model AB139 and 

AW139 helicopters, serial numbers (S/N) 

31005 through 31131 (except 31007, 31094, 

and 31124), S/N 31201 through 31209, and 

S/N 41001 through 41013 (except 41012), 

certificated in any category. 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) states: 

‘‘Operators had reported a number of 

occurrences of in-flight losses of cockpit door 

windows, both left and right side. This 

condition, if not corrected, could result in 

damage to critical components. As this 

unsafe condition was likely to occur in other 

helicopters of the same type design, EASA 

Airworthiness Directive (AD) 2007–0142 

required a dimensional check and, if 

necessary, the repair of the cockpit door 

installation and the replacement of the 

window seal. After the issuance of AD 2007– 

0142 cases of cracks on sliding windows 

leading to loss of part of the window have 

been reported on cockpit doors to which 

actions required by this AD were applied. 

Therefore the AD 2008–0011 superseded AD 

2007–0142 taking over its requirements and 

mandated, as an additional action, a 

reinforcement of the sliding windows in the 

area where cracks had developed. Additional 

cases of in flight breakage of cockpit door 

windows have been reported in service for 

cockpit doors to which the AD 2008–0011 

was applied. Further investigation showed 

that cracks had originated in a different area 

of the windows with respect to the previous 

cases, suggesting a different route to failure.’’ 

Therefore, EASA issued AD 2008–0108, 

which supersedes AD 2008–0011. We are 

issuing this AD to require the same actions 

as the EASA AD to correct the unsafe 

condition created by the old-designed 

cockpit door windows. 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11011 

Actions and Compliance 

(e) Within 30 hours time-in-service (TIS) or 

30 days, whichever occurs first, unless 

already accomplished, do the following: 

(f) Remove the left-hand and right-hand 

side cockpit door windows and replace them 

with airworthy cockpit door windows, part 

number (P/N) 3P5211A10152A1 (left-hand 

side window) and P/N 3P5211A48131A1 

(right-hand side window). Install an 

emergency jettison strap, P/N 

3G5610A04751, with each cockpit door 

window, and install an external emergency 

exit placard, P/N 212–072–636–109, on each 

cockpit door external side in accordance with 

steps 1. through 11. of the Compliance 

Instructions in Bollettino Tecnico No. 139– 

129, dated June 3, 2008, except you are not 

required to contact the manufacturer. 

Differences Between This AD and the MCAI 

(g) The MCAI requires compliance within 

200 flight hours or 6 months and uses the 

term ‘‘flight hours.’’ This AD uses the term 

‘‘hours TIS’’ rather than ‘‘flight hours,’’ and 

requires compliance within 30 hours TIS or 

30 days, whichever occurs first. Also, this AD 

references specific steps in BT 139–129 to 

use in complying with the AD. Finally, this 

AD does not require you to contact Agusta 

S.p.A. AW139 Customer Support 

Engineering. 

Other Information 

(h) Alternative Methods of Compliance 

(AMOCs): The Manager, Safety Management 

Group, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. Send 

information to ATTN: Sharon Miles, 

Aerospace Engineer, Regulations and Policy 

Group, Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, TX 76137; 

telephone (817) 222–5122; fax (817) 222– 

5961. 

Related Information 

(i) European Aviation Safety Agency MCAI 

Airworthiness Directive No. 2008–0108, 

dated June 5, 2008, contains related 

information. 

Air Transport Association of America (ATA) 

Tracking Code 

(j) ATA Code 5610: Flight Compartment 

Windows. 

Material Incorporated by Reference 

(k) You must use the specified portions of 

Bollettino Tecnico No. 139–129, dated June 

3, 2008, to do the actions required. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Agusta, Product Support 

Italy, Via per Tornavento, 15 21019 Somma 

Lombardo, Varese Italy, telephone 39 (0331) 

711111, fax 39 (0331) 711397, or at http:// 

customersupport.agusta.com/ 

technical_advice.php. 

(3) You may review copies at 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/ 

cfr/ibr-locations.html. 

Issued in Fort Worth, Texas on February 

12, 2009. 

Scott A. Horn, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–4941 Filed 3–13–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1330; Directorate 

Identifier 2008–NM–138–AD; Amendment 

39–15839; AD 2009–06–03] 

RIN 2120–AA64 

Airworthiness Directives; Viking Air 

Limited Model DHC–7 Airplanes 

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) 

originated 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: 

Transport Canada has received numerous 

service difficulty reports concerning Viking 

DHC–7 and Bombardier DHC–8 aircraft 

fluorescent lamp holder damage due to 

overheating. It has been determined that 

lamp holder overheating is a result of arcing 

between the fluorescent tube pins and the 

lamp holder contacts when the tube is not 

properly seated during installation. 

Overheating of lamp holders, if not corrected, 

could generate fumes and smoke * * *. 

* * * * * 

The unsafe condition could result in 

an in-flight fire. We are issuing this AD 

to require actions to correct the unsafe 

condition on these products. 

DATES: This AD becomes effective April 

20, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of April 20, 2009. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Wing Chan, Aerospace Engineer, 

Systems and Flight Test Branch, ANE– 

172, FAA, New York Aircraft 

Certification Office, 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone (516) 228–7311; fax 

(516) 794–5531. 

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 December 23, 2008 (73 FR 

78673). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Transport Canada has received numerous 

service difficulty reports concerning Viking 

DHC–7 and Bombardier DHC–8 aircraft 

fluorescent lamp holder damage due to 

overheating. It has been determined that 

lamp holder overheating is a result of arcing 

between the fluorescent tube pins and the 

lamp holder contacts when the tube is not 

properly seated during installation. 

Overheating of lamp holders, if not corrected, 

could generate fumes and smoke, causing 

concern to passengers and crew. 

This directive mandates repetitive 

inspection[s] for proper installation [and 

functioning] of fluorescent tubes and 

prohibits installation of non-arc-protected 

replacement fluorescent lamp ballasts. 

The unsafe condition could result in 

an in-flight fire. The corrective actions 

include replacing any lamps that are not 

properly seated in the lamp holder, and 

replacing any broken, non-functioning 

lamp holders. Replacing all affected 

fluorescent lamp ballasts would 

terminate the repetitive inspections. 

You may obtain further information by 

examining the MCAI in the AD docket. 

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