12096 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Proposed Rules 

the FAA proposes to amend 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: 

Boeing: Docket No. FAA–2007–28348; 

Directorate Identifier 2007–NM–060–AD. 

Comments Due Date 

(a) We must receive comments by April 17, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model 737–600, 

–700, –700C, –800 and –900 series airplanes, 

certificated in any category; as identified in 

Boeing Alert Service Bulletin 737–57A1279, 

Revision 1, dated September 25, 2008. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Unsafe Condition 

(e) This AD results from a design review 

of the fuel tank systems. The Federal 

Aviation Administration is issuing this AD to 

prevent arcing at certain fuel tank fasteners 

in the event of a lightning strike or fault 

current event, which, in combination with 

flammable fuel vapors, could result in a fuel 

tank explosion and consequent loss of the 

airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Fastener Sealant 

(g) Within 60 months after the effective 

date of this AD: Seal the fasteners on the 

front and rear spars inside the main fuel tank 

and on the lower panel of the center fuel 

tank, as applicable, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 737–57A1279, Revision 1, 

dated September 25, 2008. 

Inspection 

(h) Within 60 months after the effective 

date of this AD: Perform a general visual 

inspection of the wire bundle support 

installation in the equipment cooling system 

bays to identify the type of clamp installed, 

and determine whether the Teflon sleeve is 

installed. Do these actions in accordance 

with the Accomplishment Instructions of 

Boeing Alert Service Bulletin 737–57A1279, 

Revision 1, dated September 25, 2008 (‘‘the 

service bulletin’’). Do all applicable 

corrective actions before further flight in 

accordance with the service bulletin. 

Actions Accomplished Previously 

(i) Actions done before the effective date of 

this AD in accordance with Boeing Alert 

Service Bulletin 737–57A1279, dated January 

24, 2007, are acceptable for compliance with 

the corresponding requirements of this AD 

only for the following line numbers (L/Ns): 

LNs 1 through 570 inclusive, and L/Ns 1692 

through 1754 inclusive. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), 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: Samuel 

Spitzer, Aerospace Engineer, Propulsion 

Branch, ANM–140S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; telephone 

(425) 917–6510; fax (425) 917–6590. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, in the FAA Flight Standards 

District Office (FSDO), or lacking a principal 

inspector, your local FSDO. The AMOC 

approval letter must specifically reference 

this AD. 

Issued in Renton, Washington, on March 

10, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–6217 Filed 3–20–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0226; Directorate 

Identifier 2007–SW–35–AD] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Model A109E, A109S, A119, and 

AW119MKII Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for Agusta 

S.p.A. (Agusta) Model A109E, A109S, 

A119, and AW119MKII helicopters. 

This proposed 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 European 

Aviation Safety Agency (EASA), the 

Technical Agent for the aviation 

authority of Italy, with which we have 

a bilateral agreement, has issued an 

MCAI AD which states that two cases of 

cracks on a certain cargo hook lever 

(lever) have been reported by the 

manufacturer of the cargo hook. This 

lever is a critical structural component 

of the cargo hook, and a crack could 

result in inadvertent loss of the cargo 

hook load. The proposed AD would 

require actions that are intended to 

address the unsafe condition caused by 

cracks in the cargo hook lever. 

DATES: We must receive comments on 

this proposed AD by April 22, 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 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 proposed 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 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 proposed 

AD, the economic evaluation, any 

comments received, and other 

information. The street address for the 

Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: John 

Strasburger, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Regulations 

and Policy Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137; telephone 

(817) 222–5167; fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Proposed Rules 12097 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0226; Directorate Identifier 

2007–SW–35–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on 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 proposed AD. 

Discussion 

EASA, which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Emergency AD No. 2007–0160–E, dated 

June 7, 2007 (referred to after this as 

‘‘the MCAI’’), to correct an unsafe 

condition for these Italian-manufactured 

products. The MCAI states that two 

cases of cracks in the cargo hook lever 

(lever), part number (P/N) 232–028–00, 

have been reported by the manufacturer 

of the cargo hook. The lever is a 

component of the cargo hook, P/N 528– 

010–01. This lever is a critical structural 

component of the cargo hook, and a 

crack could result in inadvertent loss of 

the cargo hook load. 

You may obtain further information 

by examining the MCAI and service 

information in the AD docket. 

Relevant Service Information 

Agusta has issued Alert Bollettino 

Tecnico (ABT) No. 109EP–78, ABT No. 

109S–12, and ABT No. 119–21, all dated 

June 6, 2007. The actions described in 

the MCAI are intended to correct the 

same unsafe condition as that identified 

in the service information. 

FAA’s Determination and Proposed 

Requirements 

These products have been approved 

by the aviation authority of Italy, and 

are approved for operation in the United 

States. Pursuant to our bilateral 

agreement with this State of Design 

Authority, we have been notified of the 

unsafe condition described in the MCAI 

and service information. We are 

proposing this AD because we evaluated 

all pertinent information and 

determined an unsafe condition exists 

and is likely to exist or develop on other 

products of these same type designs. 

Differences Between This AD and the 

MCAI AD 

We have reviewed the MCAI and, in 

general, agree with its substance. 

However, we have made the following 

changes: 

• Excluded the August 31, 2007 

compliance date because that date has 

passed; 

• Excluded the Model A109LUH from 

the applicability and do not reference 

Agusta ABT No. 109L–006 because the 

Model A109LUH helicopter is not on 

the U.S. type certificate, H7EU; 

• Added the Model AW119MKII to 

the applicability; 

• Proposed to require the use of a 10- 

power or higher magnifying glass to 

accomplish the visual inspections; and 

• Excluded the kit installation P/N, 

relying instead on the cargo hook and 

lever P/N. 

These differences are highlighted in the 

‘‘Differences Between the FAA AD and 

the MCAI AD’’ section in the proposed 

AD. 

Costs of Compliance 

We estimate that this proposed AD 

would affect about 26 helicopters on the 

U.S. Registry with the cargo hook. We 

also estimate that it would take about 10 

minutes to inspect each cargo hook for 

a crack, and about 1 work-hour to 

replace a cracked cargo hook. The 

average labor rate is $80 per work-hour. 

Required parts would cost about $3,677 

per cargo hook. Based on these figures, 

we estimate the cost of the proposed AD 

on U.S. operators to be $97,647 per year, 

assuming that each affected helicopter 

would require five inspections per 

week, and that two cargo hooks would 

have to be replaced each year. 

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 proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD 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. 

For the reasons discussed above, I 

certify 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. 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 proposed 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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: 

Agusta S.p.A.: Docket No. FAA–2008–0226; 

Directorate Identifier 2007–SW–35–AD. 

Comments Due Date 

(a) We must receive comments by April 22, 

2009. 

Other Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model A109E, 

A109S, A119, and AW119MKII helicopters 

with cargo hook, part number (P/N) 528– 

010–01, and cargo hook lever, P/N 232–028– 

00, installed, certificated in any category. 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) states that 

two cases of cracks in the lever, P/N 232– 

028–00, have been reported by the 


dwashington3 on PROD1PC60 with PROPOSALS
12098 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Proposed Rules 

manufacturer of the cargo hook. The lever is 

a component of the cargo hook, P/N 528– 

010–01. This lever is a critical structural 

component of the cargo hook, and a crack 

could result in inadvertent loss of the cargo 

hook load. 

Actions and Compliance 

(e) Before each cargo hook operation, 

visually inspect the cargo hook lever, P/N 

232–028–00, for any crack. Use a 10-power 

or higher magnifying glass and inspect in the 

area depicted in Figures 1 and 2 of the 

following Agusta Alert Bollettino Tecnico 

(ABT), all dated June 6, 2007: 

(1) ABT No. 109EP–78 for Model A109E 

helicopters; 

(2) ABT No. 109S–12 for Model A109S 

helicopters; or 

(3) ABT No. 119–21 for Model A119 

helicopters. 

(f) If a crack is found in the lever, do not 

use the cargo hook until the entire cargo hook 

is replaced with an airworthy cargo hook 

with an uncracked lever. 

Differences Between the FAA AD and the 

MCAI AD 

(g) This AD differs from the MCAI AD in 

that we: 

(1) Exclude the August 31, 2007 

compliance date because that date has 

passed; 

(2) Exclude the Model A109LUH from the 

applicability and do not reference Agusta 

ABT No. 109L–006 because the Model 

A109LUH helicopter is not on the U.S. type 

certificate, H7EU; 

(3) Add the Model AW119MKII to the 

applicability; 

(4) Require the use of a 10-power or higher 

magnifying glass to accomplish the visual 

inspections; and 

(5) Exclude the kit installation P/N, relying 

instead on the cargo hook and lever P/N. 

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: John Strasburger, 

Aviation Safety Engineer, Regulations and 

Policy Group, Rotorcraft Directorate, FAA, 

2601 Meacham Blvd., Fort Worth, TX 76137; 

telephone (817) 222–5167; fax (817) 222– 

5961. 

Related Information 

(i) EASA Emergency AD No. 2007–0160–E, 

dated June 7, 2007, contains related 

information. 

Air Transport Association of America (ATA) 

Tracking Code 

(j) Air Transport Association of America 

(ATA) Code 2550: Cargo Compartments. 

Issued in Fort Worth, Texas on March 4, 

2009. 

Jerald E. Strentz, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–6224 Filed 3–20–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0227; Directorate 

Identifier 2007–SW–65–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bell 

Helicopter Textron Canada Model 427 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for Bell 

Helicopter Textron Canada (BHTC) 

Model 427 helicopters. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by the aviation authority of 

Canada to identify and correct an unsafe 

condition on an aviation product. 

Transport Canada, the aviation authority 

of Canada, with which we have a 

bilateral agreement, states that it has 

been determined that the existing 

hardware connecting the vertical fin to 

the tail rotor gearbox needs to be 

upgraded, to prevent the vertical fin 

from becoming loose. 

BHTC has received reports of loose 

vertical fins discovered during 

inspections. Investigation revealed that 

the current vertical fin attachment 

hardware may not provide adequate 

clamp-up. If not corrected, the vertical 

fin could become loose and cause 

vibration, which could lead to 

subsequent loss of control of the 

helicopter. The proposed AD would 

require actions that are intended to 

address this unsafe condition. 

DATES: We must receive comments on 

this proposed AD by April 22, 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 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 proposed AD from Bell 

Helicopter Textron Canada, 12,800 Rue 

de l’Avenir, Mirabel, Quebec J7J1R4, 

telephone (450) 437–2862 or (800) 363– 

8023, fax (450) 433–0272, or at http:// 

www.bellcustomer.com/files/. 

Examining the AD 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 proposed 

AD, the economic evaluation, any 

comments received and other 

information. The street address for the 

Docket Operations office (telephone 

(800) 647–5527) is 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 Guidance Group, Fort Worth, Texas 

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

fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0227; Directorate Identifier 

2007–SW–65–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on 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 proposed AD. 

Discussion 

Transport Canada, which is the 

aviation authority for Canada, has 

issued an MCAI in the form of Canadian 

Airworthiness Directive CF–2007–22, 

dated September 14, 2007 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. Transport Canada states in the 

MCAI that it has been determined that 

the existing hardware connecting the 

vertical fin to the tail rotor gearbox need 

to be upgraded, to prevent the vertical 

fin from becoming loose. 

BHTC has received reports of loose 

vertical fins discovered during 

inspections. Investigation revealed that 

the current vertical fin attachment 


dwashington3 on PROD1PC60 with PROPOSALS