This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

10185

Vol. 66, No. 31

Wednesday, February 14, 2001

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–SW–65–AD; Amendment

39–12106; AD 2000–25–54]

RIN 2120–AA64

Airworthiness Directives; Agusta

S.p.A. Model A109E 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)

2000–25–54, which was sent previously

to all known U.S. owners and operators

of Agusta (Agusta) S.p.A. Model A109E

helicopters by individual letters. This

AD requires, before each start of the

engines, visually checking both sides of

each tail rotor blade (blade) for a crack

and, at specified intervals, inspecting

each blade for a crack using a 5-power

or higher magnifying glass. Dyepenetrant inspecting each blade for a

crack is also required at specified time

intervals. If a crack is found, replacing

the blade with an airworthy blade is

required before further flight. This

amendment is prompted by five reports

of cracked tail rotor blades. The actions

specified by this AD are intended to

prevent failure of a blade and

subsequent loss of control of the

helicopter.

DATES: Effective March 1, 2001, to all

persons except those persons to whom

it was made immediately effective by

Emergency AD 2000–25–54, issued on

December 12, 2000, 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 March 1,

2001.

Comments for inclusion in the Rules

Docket must be received on or before

April 16, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 2000–SW–

65–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.

The applicable service information

may be obtained from Agusta, 21017

Cascina Costa di Samarate (VA) Italy,

Via Giovanni Agusta 520, telephone 39

(0331) 229111, fax 39 (0331) 229605–

222595. This information may be

examined at the FAA, Office of the

Regional Counsel, Southwest Region,

2601 Meacham Blvd., Room 663, Fort

Worth, Texas; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Richard Monschke, Aviation Safety

Engineer, FAA, Rotorcraft Directorate,

Rotorcraft Standards Staff, Fort Worth,

Texas 76193–0110, telephone (817)

222–5116, fax (817) 222–5961.

SUPPLEMENTARY INFORMATION: On

December 12, 2000, the FAA issued

Emergency AD 2000–25–54 for Agusta

Model A109E helicopters which

requires, before each start of the

engines, visually checking both sides of

each blade for a crack and, at specified

intervals, inspecting each blade for a

crack using a 5-power or higher

magnifying glass. Dye-penetrant

inspecting each blade for a crack is also

required at specified time intervals. If a

crack is found, replacing the blade with

an airworthy blade is required before

further flight. That action was prompted

by five reports of cracked tail rotor

blades. The cracks were discovered

during maintenance and also during

flight due to an increase in tail rotor

vibration. The manufacturer is currently

investigating the cause of these cracks.

This condition, if not corrected, could

result in failure of a blade and

subsequent loss of control of the

helicopter.

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

A109E helicopters. The ENAC advises

inspecting certain blades for a crack in

accordance with Agusta Alert Bollettino

Tecnico No. 109EP–14, dated October

11, 2000 (ABT).

The FAA has reviewed the ABT,

which specifies checking the upper and

lower sides of each blade, part number

(P/N) 109–8132–01–109, for a crack

before each flight. The ABT also

specifies visually inspecting the blades

for a crack, using a 5-power magnifying

lens, each 10 operating hours or if any

abnormal increase of vibratory level

occurs. In addition, the ABT specifies

dye-penetrant inspecting the blades for

a crack at each 25 operating hours. The

ABT specifies replacing any cracked

blade before further flight. The ENAC

classified the ABT as mandatory and

issued AD 2000–468, dated December

10, 2000, to ensure the continued

airworthiness of these helicopters in

Italy.

This helicopter model is

manufactured in Italy and is typed

certificated for operation in the United

States under the provisions of 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.

Since the unsafe condition described

is likely to exist or develop on other

Agusta Model A109E helicopters of the

same type design, the FAA issued

Emergency AD 2000–25–54 to prevent

failure of a blade and subsequent loss of

control of the helicopter. The AD

requires the following for each blade,

part number 109–8132–01–109:

• Before each start of the engines,

visually check both sides of each blade

for a crack.

• Within 10 hours time-in-service

(TIS) and thereafter at intervals not to

exceed 10 hours TIS or before the next

flight after any abnormal tail rotor

vibration, inspect each blade for a crack

using a 5-power or higher magnifying

glass.

• Within 25 hours TIS and thereafter

at intervals not to exceed 25 hours TIS,

dye-penetrant inspect each blade for a

crack.

10186 Federal Register / Vol. 66, No. 31 / Wednesday, February 14, 2001 / Rules and Regulations

• If a crack is found, replace the blade

with an airworthy blade before further

flight.

An owner/operator (pilot) may

perform the visual check required by

this AD and must enter compliance with

paragraph (a) of this AD into the aircraft

maintenance records in accordance with

14 CFR 43.11 and 91.417(a)(2)(v)). This

AD allows a pilot to perform this check

because it involves only a visual check

for a crack in the blade and can be

performed equally well by a pilot or a

mechanic.

The actions must be accomplished in

accordance with the ABT described

previously. The short compliance time

involved is required because the

previously described critical unsafe

condition can adversely affect the

structural integrity and controllability of

the helicopter. Therefore, the actions

previously listed are required at the

specified intervals, and 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 December 12, 2000, to

all known U.S. owners and operators of

Agusta Model A109E helicopters. These

conditions still exist, and the AD is

hereby published in the Federal

Register as an amendment to § 39.13 of

the Federal Aviation Regulations (14

CFR 39.13) to make it effective to all

persons. Paragraph (a) of the emergency

AD contained a typographical error in

that it referenced 91.147(a)(2)(v) (a nonexistent regulation). The correct

reference should have been

91.417(a)(2)(v). This document corrects

that error.

The FAA estimates that 21 helicopters

of U.S. registry will be affected by this

AD. It will take approximately 1⁄2 work

hour per helicopter to inspect each

blade using a magnifying glass; 2 work

hours to dye-penetrant inspect each

blade; and 1 work hour to replace each

blade, if necessary. The average labor

rate is $60 per work hour. Required

parts will cost approximately $5,000 per

blade. Based on these figures, the total

cost impact of the AD on U.S. operators

is estimated to be $122,640 ($5,840 per

helicopter, assuming that each

helicopter blade is inspected 4 times,

dye-penetrant inspected twice, and both

blades are replaced on all helicopters).

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

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 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–

65–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, 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:

2000–25–54 Agusta S.p.A.: Amendment 39–

12106. Docket No. 2000–SW–65–AD.

Applicability: Model A109E helicopters,

with tail rotor blade (blade), part number

109–8132–01–109, installed, 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 (e) 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 failure of a blade and

subsequent loss of control of the helicopter,

accomplish the following:

(a) Before each start of the engines, visually

check both sides of each blade for a crack,

in the area shown in Figure 1. An owner/

operator (pilot), holding at least a private

pilot certificate, may perform the visual

check required by this paragraph and must

enter compliance into the aircraft

maintenance records in accordance with 14

CFR 43.11 and 91.417(a)(2)(v).

Federal Register / Vol. 66, No. 31 / Wednesday, February 14, 2001 / Rules and Regulations 10187

(b) Within 10 hours time-in-service (TIS)

and thereafter at intervals not to exceed 10

hours TIS or before the next flight after any

abnormal tail rotor vibration, inspect each

blade for a crack using a 5-power or higher

magnifying glass in accordance with the

Compliance Instructions, Part II, of Agusta

S.p.A. Alert Bollettino Tecnico No. 109EP–

14, dated October 11, 2000 (ABT).

(c) Within 25 hours TIS and thereafter at

intervals not to exceed 25 hours TIS, dyepenetrant inspect each blade for a crack in

accordance with the Compliance

Instructions, Part III, of the ABT.

(d) If a crack is found, replace the blade

with an airworthy blade before further flight.

(e) 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 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Regulations Group.

(f) Special flight permits are prohibited.

(g) The inspections shall be done in

accordance with the Compliance

Instructions, Parts II and III, of Agusta S.p.A.

Alert Bollettino Tecnico No. 109EP–14, dated

October 11, 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 Agusta, 21017 Cascina Costa

di Samarate (VA) Italy, Via Giovanni Agusta

520, telephone 39 (0331) 229111, fax 39

(0331) 229605–222595. 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

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(h) This amendment becomes effective on

March 1, 2001, to all persons except those

persons to whom it was made immediately

effective by Emergency AD 2000–25–54,

issued December 12, 2000, which contained

the requirements of this amendment.

Issued in Fort Worth, Texas, on February

2, 2001.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 01–3562 Filed 2–13–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–299–AD; Amendment

39–12107; AD 2001–03–04]

RIN 2120–AA64

Airworthiness Directives; Bombardier

Model CL–600–2B19 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Bombardier Model

CL–600–2B19 series airplanes. This

action requires repetitive ultrasonic

inspection to detect damage of the

actuator lugs of the flight spoiler center

hinge; corrective action, if necessary;

and eventual replacement of the flight

spoilers with new, improved spoilers.

This action is necessary to prevent

uncommanded deployment of a flight