[Federal Register Volume 71, Number 170 (Friday, September 1, 2006)]
[Rules and Regulations]
[Pages 51988-51990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14548]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25703; Directorate Identifier 2006-SW-20-AD; 
Amendment 39-14747; AD 2006-17-51]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Model AB139 Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting Airworthiness Directive (AD) 2006-17-51, sent previously to 
all known U.S. owners and operators of Agusta S.p.A. (Agusta) Model 
AB139 helicopters by individual letters. This AD requires, before 
further flight and at specified intervals, certain visual inspections 
of each tailpipe assembly for a crack and for overheating. If you find 
areas of overheating, this AD also requires, before further flight, 
certain inspections for damage to the surrounding structure, outside of 
the cowling, and inside of each tailpipe assembly in certain areas. 
This AD also requires, before further flight, if you find a crack, 
replacing the tailpipe assembly with an airworthy tailpipe assembly. 
This AD is prompted by several reports of tailpipe assembly cracks. The 
actions specified by this AD are intended to prevent a fire due to the 
structure in the cowling area overheating, separation of a part of a 
tailpipe assembly, and subsequent loss of control of the helicopter.

DATES: Effective September 18, 2006, to all persons except those 
persons to whom it was made immediately effective by Emergency AD 2006-
17-51, issued on August 15, 2006, which contained the requirements of 
this amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before October 31, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically;
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically;
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590;
     Fax: (202) 493-2251; or
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, 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, 21017 Cascina Costa di Samarate (VA) Italy, Via Giovanni Agusta 
520, telephone 39 (0331) 229111, fax 39 (0331) 229605-222595.

Examining the Docket

    You may examine the docket that contains the AD, any comments, and 
other information on the Internet at http://dms.dot.gov, or in person 
at the Docket Management System (DMS) Docket Offices between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The Docket 
Office (telephone (800) 647-5227) is located on the plaza level of the 
Department of Transportation Nassif Building at the street address 
stated in the ADDRESSES section. Comments will be available in the AD 
docket shortly after the DMS receives them.

FOR FURTHER INFORMATION CONTACT: Ed Cuevas, Aviation Safety Engineer, 
FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 
76193-0111, telephone (817) 222-5355, fax (817) 222-5961.

SUPPLEMENTARY INFORMATION: On August 15, 2006, the FAA issued Emergency 
AD 2006-17-51 for Agusta Model AB139 helicopters, which requires before 
further flight and at specified intervals, certain visual inspections 
of each tailpipe assembly for a crack and for overheating. If you find 
areas of overheating, the AD also requires, before further flight, 
certain inspections for damage to the surrounding structure, outside of 
the cowling, and inside of each tailpipe assembly in certain areas 
using a flashlight or a mirror and a flashlight depending on the 
location. The AD also requires, before further flight, if you find a 
crack, replacing the tailpipe assembly with an airworthy tailpipe 
assembly. That action was prompted by several reports of tailpipe 
assembly cracks. This condition, if not corrected, could result in a 
fire due to the structure in the cowling area overheating, separation 
of a part of a tailpipe assembly, and subsequent loss of control of the 
helicopter.
    The European Aviation Safety Agency (EASA) notified us that an 
unsafe condition may exist on Agusta S.p.A. Model AB139 helicopters. 
EASA advises that the field has reported tailpipe assembly cracks. EASA 
also advises that this issue, if not corrected, could lead to 
overheating of the structure in the cowling area or separation of parts 
hence endangering the safety of helicopter flight.
    Agusta has issued Bollettino Tecnico No. 139-069, dated August 11, 
2006 (BT), which describes procedures for a detailed visual inspection 
for cracks on the tailpipe. EASA classified this BT as mandatory and 
issued Emergency AD No. 2006-0242-E, dated August 11, 2006.
    This helicopter model is manufactured in Italy and is 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 above. The FAA has examined the findings of EASA, 
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 AB139 helicopters of the same type design, the 
FAA issued Emergency AD 2006-17-51 to prevent a fire due to the 
structure in the cowling area overheating, separation of a part of a 
tailpipe assembly, and subsequent loss of control of the helicopter. 
The AD requires the following:
     Before further flight, and thereafter at intervals not to 
exceed 25 hours time-in-service, access the rear areas of each tailpipe 
assembly by removing the rear cowling.
     Visually inspect each tailpipe assembly inside the cowling 
for a crack.
     Inspect the structure surrounding each tailpipe assembly 
for overheating. If you find areas of overheating, inspect for damage 
to the surrounding structure.
     Inspect for overheating in the area of each tailpipe 
assembly outside the cowling. Inspect the internal part of each 
tailpipe assembly in the areas depicted in Areas A, Figure 1, of this 
AD for a crack:
    [cir] Clean the end of each tailpipe assembly with a cloth. While 
applying

[[Page 51989]]

slight pressure on it, inspect for a crack using a flashlight.
    [cir] Inspect each tailpipe assembly toward the centerline of the 
helicopter for a crack using a flashlight.
    [cir] Inspect each tailpipe assembly toward the outside of the 
helicopter for a crack using a mirror and a flashlight.
     If you find a crack, before further flight, replace the 
tailpipe assembly with an airworthy tailpipe assembly.
    The short compliance time involved is required because the 
previously described critical unsafe condition can adversely affect the 
structural integrity of the helicopter. Inspecting the tail pipe 
assembly for a crack and for overheating are required before further 
flight. Also, if you find a crack, replacing the tail pipe assembly 
with an airworthy tail pipe assembly is required before further flight. 
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 August 15, 2006, to all known U.S. owners and operators of 
Agusta Model AB139 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.
    The FAA estimates that this AD will affect 16 helicopters of U.S. 
registry. It will take about 1 work hour to inspect each helicopter and 
3 work hours to replace each tail pipe assembly at an average labor 
rate of $80 per work hour. Required parts will cost about $20,649 per 
tail pipe assembly. Based on these figures, we estimate the total cost 
impact of the AD on U.S. operators to be $366,224, assuming an initial 
and 24 repetitive inspections on each helicopter and replacing both 
tailpipe assemblies on half of the fleet (16 tail pipe assemblies).

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-2006-25703; 
Directorate Identifier 2006-SW-20-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://dms.dot.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), or you may visit http://dms.dot.gov.

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 DMS 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, Safety.

Adoption of the Amendment

0
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

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. Section 39.13 is amended by adding a new airworthiness directive to 
read as follows:

2006-17-51 Agusta S.p.A.: Amendment 39-14747. Docket No. FAA-2006-
25703; Directorate Identifier 2006-SW-20-AD.

    ?>Applicability: Model AB139 helicopters, with tailpipe assembly 
left hand, part number (P/N) 3G7800L00131 and right hand, P/N 
3G7800L00231, installed, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent a fire due to the structure in the cowling area 
overheating, separation of part of each tailpipe assembly, and 
subsequent loss of control of the helicopter, do the following:
    (a) Before further flight, and thereafter at intervals not to 
exceed 25 hours time-in-service, access the rear areas of each 
tailpipe assembly by removing the rear cowlings.
    (1) Visually inspect each tailpipe assembly inside the cowling 
for a crack.

    Note 1: Bollettino Tecnico No. 139-069, dated August 11, 2006 
(BT), pertains to the subject of this AD.


    Note 2: Aircraft Maintenance Publication (AMP) AB139 pertains to 
the subject of this AD.

    (2) Inspect the structure surrounding each tailpipe assembly for 
overheating. If you find areas of overheating, inspect for heat 
damage to the surrounding structure. Inspect for overheating in the 
area of each tailpipe assembly outside the cowling. Inspect the 
internal part of each tailpipe assembly in the areas depicted in 
Areas A, Figure 1, of this AD.

[[Page 51990]]

[GRAPHIC] [TIFF OMITTED] TR01SE06.042

    (i) Clean the end of each tailpipe assembly with a cloth. While 
applying slight pressure on it, inspect for a crack using a 
flashlight.
    (ii) Inspect each tailpipe assembly toward the centerline of the 
helicopter for a crack using a flashlight.
    (iii) Inspect each tailpipe assembly toward the outboard side of 
the helicopter for a crack using a mirror and a flashlight.
    (3) If you find a crack, before further flight, replace the 
tailpipe assembly with an airworthy tailpipe assembly.
    (b) 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: Ed Cuevas, 
Aviation Safety Engineer, Fort Worth, Texas 76193-0111, telephone 
(817) 222-5355, fax (817) 222-5961, for information about previously 
approved alternative methods of compliance.

    Note 3: The subject of this AD is addressed in the European 
Aviation Safety Agency (EASA) AD 2006-0242-E, dated August 11, 2006.


    Note 4: This AD differs from the BT and the EASA AD in that the 
BT and EASA AD allow repairs of certain cracks in each tailpipe 
assembly.

    (c) This amendment becomes effective on September 18, 2006, to 
all persons except those persons to whom it was made immediately 
effective by Emergency AD 2006-17-51 issued August 15, 2006, which 
contained the requirements of this amendment.

    Issued in Fort Worth, Texas, on August 24, 2006.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E6-14548 Filed 8-31-06; 8:45 am]
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