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51988 Federal Register / Vol. 71, No.

170 / Friday, September 1, 2006 / Rules and Regulations

Dated: August 28, 2006. • DOT Docket Web site: Go to http:// assembly cracks. This condition, if not
Lloyd C. Day, dms.dot.gov and follow the instructions corrected, could result in a fire due to
Administrator, Agricultural Marketing for sending your comments the structure in the cowling area
Service. electronically; overheating, separation of a part of a
[FR Doc. 06–7376 Filed 8–31–06; 8:45 am] • Government-wide rulemaking Web tailpipe assembly, and subsequent loss
BILLING CODE 3410–02–P site: Go to http://www.regulations.gov of control of the helicopter.
and follow the instructions for sending The European Aviation Safety Agency
your comments electronically; (EASA) notified us that an unsafe
• Mail: Docket Management Facility; condition may exist on Agusta S.p.A.
DEPARTMENT OF TRANSPORTATION
U.S. Department of Transportation, 400 Model AB139 helicopters. EASA
Federal Aviation Administration Seventh Street, SW., Nassif Building, advises that the field has reported
Room PL–401, Washington, DC 20590; tailpipe assembly cracks. EASA also
14 CFR Part 39 • Fax: (202) 493–2251; or advises that this issue, if not corrected,
• Hand Delivery: Room PL–401 on could lead to overheating of the
[Docket No. FAA–2006–25703; Directorate the plaza level of the Nassif Building, structure in the cowling area or
Identifier 2006–SW–20–AD; Amendment 39– 400 Seventh Street, SW., Washington, separation of parts hence endangering
14747; AD 2006–17–51] DC, between 9 a.m. and 5 p.m., Monday the safety of helicopter flight.
RIN 2120–AA64 through Friday, except Federal holidays. Agusta has issued Bollettino Tecnico
You may get the service information No. 139–069, dated August 11, 2006
Airworthiness Directives; Agusta identified in this AD from Agusta, (BT), which describes procedures for a
S.p.A. Model AB139 Helicopters 21017 Cascina Costa di Samarate (VA) detailed visual inspection for cracks on
Italy, Via Giovanni Agusta 520, the tailpipe. EASA classified this BT as
AGENCY: Federal Aviation telephone 39 (0331) 229111, fax 39 mandatory and issued Emergency AD
Administration, DOT. (0331) 229605–222595. No. 2006–0242–E, dated August 11,
ACTION: Final rule; request for 2006.
comments. Examining the Docket
This helicopter model is
You may examine the docket that manufactured in Italy and is type
SUMMARY: This document publishes in contains the AD, any comments, and certificated for operation in the United
the Federal Register an amendment other information on the Internet at States under the provisions of 14 CFR
adopting Airworthiness Directive (AD) http://dms.dot.gov, or in person at the 21.29 and the applicable bilateral
2006–17–51, sent previously to all Docket Management System (DMS) agreement. Pursuant to the applicable
known U.S. owners and operators of Docket Offices between 9 a.m. and 5 bilateral agreement, EASA has kept the
Agusta S.p.A. (Agusta) Model AB139 p.m., Monday through Friday, except FAA informed of the situation described
helicopters by individual letters. This Federal holidays. The Docket Office above. The FAA has examined the
AD requires, before further flight and at (telephone (800) 647–5227) is located on findings of EASA, reviewed all available
specified intervals, certain visual the plaza level of the Department of information, and determined that AD
inspections of each tailpipe assembly Transportation Nassif Building at the action is necessary for products of this
for a crack and for overheating. If you street address stated in the ADDRESSES type design that are certificated for
find areas of overheating, this AD also section. Comments will be available in operation in the United States.
requires, before further flight, certain the AD docket shortly after the DMS Since the unsafe condition described
inspections for damage to the receives them. is likely to exist or develop on other
surrounding structure, outside of the FOR FURTHER INFORMATION CONTACT: Ed Agusta Model AB139 helicopters of the
cowling, and inside of each tailpipe Cuevas, Aviation Safety Engineer, FAA, same type design, the FAA issued
assembly in certain areas. This AD also Rotorcraft Directorate, Safety Emergency AD 2006–17–51 to prevent a
requires, before further flight, if you find Management Group, Fort Worth, Texas fire due to the structure in the cowling
a crack, replacing the tailpipe assembly 76193–0111, telephone (817) 222–5355, area overheating, separation of a part of
with an airworthy tailpipe assembly. fax (817) 222–5961. a tailpipe assembly, and subsequent loss
This AD is prompted by several reports
SUPPLEMENTARY INFORMATION: On August of control of the helicopter. The AD
of tailpipe assembly cracks. The actions
15, 2006, the FAA issued Emergency AD requires the following:
specified by this AD are intended to
2006–17–51 for Agusta Model AB139 • Before further flight, and thereafter
prevent a fire due to the structure in the
helicopters, which requires before at intervals not to exceed 25 hours time-
cowling area overheating, separation of
further flight and at specified intervals, in-service, access the rear areas of each
a part of a tailpipe assembly, and
certain visual inspections of each tailpipe assembly by removing the rear
subsequent loss of control of the
tailpipe assembly for a crack and for cowling.
helicopter.
overheating. If you find areas of • Visually inspect each tailpipe
DATES: Effective September 18, 2006, to overheating, the AD also requires, before assembly inside the cowling for a crack.
all persons except those persons to further flight, certain inspections for • Inspect the structure surrounding
whom it was made immediately damage to the surrounding structure, each tailpipe assembly for overheating.
effective by Emergency AD 2006–17–51, outside of the cowling, and inside of If you find areas of overheating, inspect
issued on August 15, 2006, which each tailpipe assembly in certain areas for damage to the surrounding structure.
contained the requirements of this using a flashlight or a mirror and a • Inspect for overheating in the area
amendment. flashlight depending on the location. of each tailpipe assembly outside the
Comments for inclusion in the Rules The AD also requires, before further cowling. Inspect the internal part of
Docket must be received on or before
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flight, if you find a crack, replacing the each tailpipe assembly in the areas
October 31, 2006. tailpipe assembly with an airworthy depicted in Areas A, Figure 1, of this
ADDRESSES: Use one of the following tailpipe assembly. That action was AD for a crack:
addresses to submit comments on this prompted by several reports of tailpipe Æ Clean the end of each tailpipe
AD: assembly with a cloth. While applying

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Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Rules and Regulations 51989

slight pressure on it, inspect for a crack overall regulatory, economic, for practices, methods, and procedures
using a flashlight. environmental, and energy aspects of the Administrator finds necessary for
Æ Inspect each tailpipe assembly the AD. We will consider all comments safety in air commerce. This regulation
toward the centerline of the helicopter received by the closing date and may is within the scope of that authority
for a crack using a flashlight. amend the AD in light of those because it addresses an unsafe condition
Æ Inspect each tailpipe assembly comments. that is likely to exist or develop on
toward the outside of the helicopter for We will post all comments we products identified in this rulemaking
a crack using a mirror and a flashlight. receive, without change, to http:// action.
• If you find a crack, before further dms.dot.gov, including any personal
flight, replace the tailpipe assembly List of Subjects in 14 CFR Part 39
information you provide. We will also
with an airworthy tailpipe assembly. post a report summarizing each Air transportation, Aircraft, Aviation
The short compliance time involved substantive verbal contact with FAA safety, Safety.
is required because the previously personnel concerning this AD. Using the
described critical unsafe condition can search function of our docket Web site, Adoption of the Amendment
adversely affect the structural integrity you can find and read the comments to
of the helicopter. Inspecting the tail ■ Accordingly, pursuant to the authority
any of our dockets, including the name
pipe assembly for a crack and for delegated to me by the Administrator,
of the individual who sent the
overheating are required before further the Federal Aviation Administration
comment. You may review the DOT’s
flight. Also, if you find a crack, amends part 39 of the Federal Aviation
complete Privacy Act Statement in the
replacing the tail pipe assembly with an Regulations (14 CFR part 39) as follows:
Federal Register published on April 11,
airworthy tail pipe assembly is required 2000 (65 FR 19477–78), or you may visit
before further flight. Therefore, this AD PART 39—AIRWORTHINESS
http://dms.dot.gov. DIRECTIVES
must be issued immediately.
Since it was found that immediate Regulatory Findings
■ 1. The authority citation for part 39
corrective action was required, notice We have determined that this AD will continues to read as follows:
and opportunity for prior public not have federalism implications under
comment thereon were impracticable Authority: 49 U.S.C. 106(g), 40113, 44701.
Executive Order 13132. This AD will
and contrary to the public interest, and not have a substantial direct effect on § 39.13 [Amended]
good cause existed to make the AD the States, on the relationship between
effective immediately by individual the national Government and the States, ■ 2. Section 39.13 is amended by adding
letters issued on August 15, 2006, to all or on the distribution of power and a new airworthiness directive to read as
known U.S. owners and operators of responsibilities among the various follows:
Agusta Model AB139 helicopters. These levels of government. 2006–17–51 Agusta S.p.A.: Amendment 39–
conditions still exist, and the AD is For the reasons discussed above, I 14747. Docket No. FAA–2006–25703;
hereby published in the Federal certify that the regulation: Directorate Identifier 2006–SW–20–AD.
Register as an amendment to 14 CFR 1. Is not a ‘‘significant regulatory Applicability: Model AB139 helicopters,
39.13 to make it effective to all persons. action’’ under Executive Order 12866; with tailpipe assembly left hand, part
The FAA estimates that this AD will 2. Is not a ‘‘significant rule’’ under the number (P/N) 3G7800L00131 and right hand,
affect 16 helicopters of U.S. registry. It DOT Regulatory Policies and Procedures P/N 3G7800L00231, installed, certificated in
will take about 1 work hour to inspect (44 FR 11034, February 26, 1979); and any category.
each helicopter and 3 work hours to 3. Will not have a significant Compliance: Required as indicated, unless
replace each tail pipe assembly at an accomplished previously.
economic impact, positive or negative,
To prevent a fire due to the structure in the
average labor rate of $80 per work hour. on a substantial number of small entities cowling area overheating, separation of part
Required parts will cost about $20,649 under the criteria of the Regulatory of each tailpipe assembly, and subsequent
per tail pipe assembly. Based on these Flexibility Act. loss of control of the helicopter, do the
figures, we estimate the total cost We prepared an economic evaluation following:
impact of the AD on U.S. operators to of the estimated costs to comply with (a) Before further flight, and thereafter at
be $366,224, assuming an initial and 24 this AD. See the DMS to examine the intervals not to exceed 25 hours time-in-
repetitive inspections on each economic evaluation. service, access the rear areas of each tailpipe
helicopter and replacing both tailpipe assembly by removing the rear cowlings.
Authority for This Rulemaking (1) Visually inspect each tailpipe assembly
assemblies on half of the fleet (16 tail
Title 49 of the United States Code inside the cowling for a crack.
pipe assemblies).
specifies the FAA’s authority to issue Note 1: Bollettino Tecnico No. 139–069,
Comments Invited rules on aviation safety. Subtitle I, dated August 11, 2006 (BT), pertains to the
This AD is a final rule that involves subject of this AD.
Section 106, describes the authority of
requirements that affect flight safety and the FAA Administrator. Subtitle VII, Note 2: Aircraft Maintenance Publication
was not preceded by notice and an Aviation Programs, describes in more (AMP) AB139 pertains to the subject of this
opportunity for public comment; detail the scope of the Agency’s AD.
however, we invite you to submit any authority. (2) Inspect the structure surrounding each
written data, views, or arguments We are issuing this rulemaking under tailpipe assembly for overheating. If you find
regarding this AD. Send your comments the authority described in Subtitle VII, areas of overheating, inspect for heat damage
to the surrounding structure. Inspect for
to an address listed under ADDRESSES. Part A, Subpart III, Section 44701, overheating in the area of each tailpipe
Include ‘‘Docket No. FAA–2006–25703; ‘‘General requirements.’’ Under that assembly outside the cowling. Inspect the
Directorate Identifier 2006–SW–20–AD’’ section, Congress charges the FAA with internal part of each tailpipe assembly in the
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at the beginning of your comments. We promoting safe flight of civil aircraft in areas depicted in Areas A, Figure 1, of this
specifically invite comments on the air commerce by prescribing regulations AD.

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51990 Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Rules and Regulations

(i) Clean the end of each tailpipe assembly allow repairs of certain cracks in each DEPARTMENT OF TRANSPORTATION
with a cloth. While applying slight pressure tailpipe assembly.
on it, inspect for a crack using a flashlight. Federal Aviation Administration
(c) This amendment becomes effective on
(ii) Inspect each tailpipe assembly toward
the centerline of the helicopter for a crack September 18, 2006, to all persons except
using a flashlight. those persons to whom it was made 14 CFR Part 39
(iii) Inspect each tailpipe assembly toward immediately effective by Emergency AD
2006–17–51 issued August 15, 2006, which [Docket No. FAA–2006–25724; Directorate
the outboard side of the helicopter for a crack
Identifier 2006–NM–197–AD; Amendment
using a mirror and a flashlight. contained the requirements of this
39–14742; AD 2006–18–04]
(3) If you find a crack, before further flight, amendment.
replace the tailpipe assembly with an RIN 2120–AA64
airworthy tailpipe assembly. Issued in Fort Worth, Texas, on August 24,
(b) To request a different method of 2006.
Airworthiness Directives; Bombardier
compliance or a different compliance time David A. Downey,
for this AD, follow the procedures in 14 CFR Model CL–600–2B16 (CL–604)
Manager, Rotorcraft Directorate, Aircraft Airplanes and Model CL–600–2B19
39.19. Contact the Manager, Safety
Certification Service. (Regional Jet Series 100 & 440)
Management Group, FAA, ATTN: Ed Cuevas,
Aviation Safety Engineer, Fort Worth, Texas [FR Doc. E6–14548 Filed 8–31–06; 8:45 am] Airplanes
76193–0111, telephone (817) 222–5355, fax BILLING CODE 4910–13–P
(817) 222–5961, for information about AGENCY: Federal Aviation
previously approved alternative methods of Administration (FAA), Department of
compliance. Transportation (DOT).
Note 3: The subject of this AD is addressed ACTION: Final rule; request for
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in the European Aviation Safety Agency comments.


(EASA) AD 2006–0242–E, dated August 11,
2006. SUMMARY: The FAA is adopting a new
Note 4: This AD differs from the BT and airworthiness directive (AD) for certain
ER01SE06.042</GPH>

the EASA AD in that the BT and EASA AD Bombardier Model CL–600–2B16 (CL–

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