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Federal Register / Vol. 70, No.

88 / Monday, May 9, 2005 / Rules and Regulations 24305

Eurocopter has issued Alert Telex No. We prepared an economic evaluation drive shaft, failure of the drive shaft, and
65A004 R1, dated January 27, 2004, of the estimated costs to comply with subsequent loss of control of the helicopter,
which specifies re-positioning of the this AD. See the DMS to examine the accomplish the following:
(a) Inspect the half-clamps, part number
drive shaft damper, if necessary. The economic evaluation.
C651A4103201 or C651A4103202, to
DGAC classified this alert telex as determine if they are centered on the friction
Authority for This Rulemaking
mandatory and issued AD No. UF– ring, using the Operational Procedure,
2003–465, dated December 22, 2003, Title 49 of the United States Code paragraph 2.B., of Eurocopter Alert Telex No.
and AD No. F–2003–465(A), dated specifies the FAA’s authority to issue 65A004 R1, dated January 27, 2004 (Alert
January 21, 2004, to ensure the rules on aviation safety. Subtitle I, Telex). If the half-clamps are not centered on
continued airworthiness of these Section 106, describes the authority of the friction ring, center the half-clamps on
helicopters in France. the FAA Administrator. Subtitle VII, the friction ring in accordance with the
Aviation Programs, describes in more Operational Procedure, paragraph 2.B, and
This helicopter model is Rework Sheet No. EC 120–53–02–04 in
manufactured in France and is type detail the scope of the Agency’s
Appendix 1 of the Alert Telex.
certificated for operation in the United authority. (b) To request a different method of
States under the provisions of 14 CFR We are issuing this rulemaking under compliance or a different compliance time
21.29 and the applicable bilateral the authority described in Subtitle VII, for this AD, follow the procedures in 14 CFR
agreement. Pursuant to the applicable Part A, Subpart III, Section 44701, 39.19. Contact the Safety Management Group,
bilateral agreement, the DGAC has kept ‘‘General requirements.’’ Under that Rotorcraft Directorate, FAA, for information
the FAA informed of the situation section, Congress charges the FAA with about previously approved alternative
promoting safe flight of civil aircraft in methods of compliance.
described above. The FAA has (c) Special flight permits will not be
examined the findings necessary for air commerce by prescribing regulations
issued.
products of this type design that are for practices, methods, and procedures
(d) The inspection and modification shall
certificated for operation in the United the Administrator finds necessary for be done in accordance with Eurocopter Alert
States. safety in air commerce. This regulation Telex No. 65A004 R1, dated January 27,
Interested persons have been afforded is within the scope of that authority 2004. The Director of the Federal Register
an opportunity to participate in the because it addresses an unsafe condition approved this incorporation by reference in
making of this amendment. No that is likely to exist or develop on accordance with 5 U.S.C. 552(a) and 1 CFR
products identified in this rulemaking part 51. Copies may be obtained from
comments were received on the American Eurocopter Corporation, 2701
proposal or the FAA’s determination of action.
Forum Drive, Grand Prairie, Texas 75053–
the cost to the public. The FAA has List of Subjects in 14 CFR Part 39 4005, telephone (972) 641–3460, fax (972)
determined that air safety and the 641–3527. Copies may be inspected at the
public interest require the adoption of Air transportation, Aircraft, Aviation National Archives and Records
the rule as proposed. safety, Incorporation by reference, Administration (NARA). For information on
Safety. the availability of this material at NARA, call
We estimate that this AD will affect
78 helicopters of U.S. registry. The one- 202–741–6030, or go to: http://
Adoption of the Amendment
www.archives.gov/federal_register/
time inspection will take approximately code_of_federal_regulations/
2 work hours to accomplish, and the ■ Accordingly, pursuant to the authority
delegated to me by the Administrator, ibr_locations.html.
modification will take 6 work hours, at (e) This amendment becomes effective on
an average labor rate of $65 per work the Federal Aviation Administration
June 13, 2005.
hour. Required modification parts will amends part 39 of the Federal Aviation
Note: The subject of this AD is addressed
cost approximately $180 per helicopter. Regulations (14 CFR part 39) as follows:
in Direction Generale De L’Aviation Civile
Based on these figures, we estimate the PART 39—AIRWORTHINESS (France) AD No. UF–2003–465, dated
total cost impact of the proposed AD on December 22, 2003, and AD No. F–2003–465,
DIRECTIVES Revision A, dated January 21, 2004.
U.S. operators to be $14,700, assuming
8 helicopters need modification. ■ 1. The authority citation for part 39 Issued in Fort Worth, Texas, on April 27,
continues to read as follows: 2005.
Regulatory Findings
Authority: 49 U.S.C. 106(g), 40113, 44701. Carl F. Mittag,
We have determined that this AD will Acting Manager, Rotorcraft Directorate,
not have federalism implications under § 39.13 [Amended]
Aircraft Certification Service.
Executive Order 13132. This AD will ■ 2. Section 39.13 is amended by adding [FR Doc. 05–8951 Filed 5–6–05; 8:45 am]
not have a substantial direct effect on a new airworthiness directive to read as BILLING CODE 4910–13–P
the States, on the relationship between follows:
the National Government and the States,
2005–09–05 Eurocopter France:
or on the distribution of power and Amendment 39–14073. Docket No. DEPARTMENT OF TRANSPORTATION
responsibilities among the various FAA–2005–20289; Directorate Identifier
levels of government. 2003–SW–55–AD. Federal Aviation Administration
For the reasons discussed above, I Applicability: Model EC120B helicopters,
certify that the regulation: serial number 1362 and below, certificated in 14 CFR Part 39
1. Is not a ‘‘significant regulatory any category.
[Docket No. FAA–2005–20292; Directorate
action’’ under Executive Order 12866; Compliance: Required within 50 hours
Identifier 2004–SW–26–AD; Amendment 39–
2. Is not a ‘‘significant rule’’ under the time-in-service (TIS) for helicopters with 500
14075; AD 2005–09–07]
DOT Regulatory Policies and Procedures or more hours TIS; or no later than 550 hours
(44 FR 11034, February 26, 1979); and TIS for helicopters with less than 500 hours RIN 2120–AA64
TIS, unless accomplished previously.
3. Will not have a significant To detect incorrect positioning of the tail Airworthiness Directives; Agusta
economic impact, positive or negative, rotor drive shaft (drive shaft) damper half- S.p.A. Model A109E Helicopters
on a substantial number of small entities clamps (half-clamps), and to prevent
under the criteria of the Regulatory interference of the half-clamps with the drive AGENCY:Federal Aviation
Flexibility Act. shaft, which could result in scoring on the Administration, DOT.

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24306 Federal Register / Vol. 70, No. 88 / Monday, May 9, 2005 / Rules and Regulations

ACTION: Final rule. fitting bolts would be required before accomplish at an average labor rate of
further flight. If any torque inspection $65 per work hour. (The manufacturer
SUMMARY: This amendment adopts a reveals that the torque of any bolt in a states that it shall recognize a warranty
new airworthiness directive (AD) for fitting is not between 11.3–15.8 Nm credit of up to $200 per helicopter for
Agusta S.p.A. (Agusta) Model A109E (100–140 inch-pounds), all 4 of the bolts the labor). Required parts will cost
helicopters that requires visually in the fitting would have to be replaced approximately $1,600 per helicopter
inspecting each main transmission with airworthy fitting bolts before ($100 per fitting bolt for 16 fitting bolts).
support fitting (fitting) attachment bolt further flight. Based on these figures, the total
(bolt) for a fracture, a crack, or The Ente Nazionale per l’Aviazione estimated cost impact of the AD on U.S.
looseness, and verifying the torque on Civile (ENAC), the airworthiness operators is $115,420, assuming that no
each fitting bolt. This amendment is authority for Italy, notified the FAA that warranty credit is available and that all
prompted by two incidents of fatigue an unsafe condition may exist on Agusta affected fitting bolts are replaced.
failure of the bolts that secure the Model A109E helicopters. ENAC
transmission rear support fittings to the advises of the need to check the bolts Regulatory Findings
helicopter. The actions specified by this that secure the fittings to the structure We have determined that this AD will
AD are intended to detect a fracture, a by following the manufacturer’s not have federalism implications under
crack, or looseness of a fitting bolt, and Bollettino Tecnico No. 109EP–43, dated Executive Order 13132. This AD will
prevent fatigue failure of a fitting bolt March 25, 2004. not have a substantial direct effect on
and subsequent loss of control of the Agusta has issued Bollettino Tecnico the States, on the relationship between
helicopter. No. 109EP–43, dated March 25, 2004, the national Government and the States,
DATES: Effective June 13, 2005. which specifies a periodic visual or on the distribution of power and
The incorporation by reference of inspection to verify the integrity of the responsibilities among the various
certain publications listed in the slippage marks, and successively levels of government.
regulations is approved by the Director checking the torque of the bolts to For the reasons discussed above, I
of the Federal Register as of June 13, exclude the possible presence of certify that the regulation:
2005. looseness and/or a fracture or a crack. 1. Is not a ‘‘significant regulatory
ENAC classified this bollettino tecnico action’’ under Executive Order 12866;
ADDRESSES: You may get the service
as mandatory and issued AD No. 2004– 2. Is not a ‘‘significant rule’’ under the
information identified in this AD from 099, dated March 29, 2004, to ensure the DOT Regulatory Policies and Procedures
Agusta, 21017 Cascina Costa di continued airworthiness of these (44 FR 11034, February 26, 1979); and
Samarate (VA) Italy, Via Giovanni helicopters in Italy. 3. Will not have a significant
Agusta 520, telephone 39 (0331) 229111, This helicopter model is economic impact, positive or negative,
fax 39 (0331) 229605–222595. manufactured in Italy and is type on a substantial number of small entities
Examining the Docket certificated for operation in the United under the criteria of the Regulatory
States under the provisions of 14 CFR Flexibility Act.
You may examine the docket that
21.29 and the applicable bilateral We prepared an economic evaluation
contains this AD, any comments, and
agreement. Pursuant to the applicable of the estimated costs to comply with
other information on the Internet at
bilateral agreement, ENAC has kept the this AD. See the DMS to examine the
http://dms.dot.gov, or at the Docket FAA informed of the situation described
Management System (DMS), U.S. economic evaluation.
above. The FAA has examined the
Department of Transportation, 400 findings of ENAC, reviewed all available Authority for This Rulemaking
Seventh Street SW., Room PL–401, on information, and determined that AD Title 49 of the United States Code
the plaza level of the Nassif Building, action is necessary for products of this specifies the FAA’s authority to issue
Washington, DC. type design that are certificated for rules on aviation safety. Subtitle I,
FOR FURTHER INFORMATION CONTACT: operation in the United States. Section 106, describes the authority of
Sharon Miles, Aviation Safety Engineer, Interested persons have been afforded the FAA Administrator. Subtitle VII,
FAA, Rotorcraft Directorate, Regulations an opportunity to participate in the Aviation Programs, describes in more
and Guidance Group, Fort Worth, Texas making of this amendment. No detail the scope of the Agency’s
76193–0111, telephone (817) 222–5122, comments were received on the authority.
fax (817) 222–5961. proposal or the FAA’s determination of We are issuing this rulemaking under
SUPPLEMENTARY INFORMATION: A the cost to the public. The FAA has the authority described in Subtitle VII,
proposal to amend 14 CFR part 39 to determined that air safety and the Part A, Subpart III, Section 44701,
include an AD for Agusta Model A109E public interest require the adoption of ‘‘General requirements.’’ Under that
helicopters was published in the the rule as proposed. However, we have section, Congress charges the FAA with
Federal Register on February 10, 2005 made a correction in the service promoting safe flight of civil aircraft in
(70 FR 7061). That action proposed to information date that was incorrectly air commerce by prescribing regulations
require inspecting the fitting bolts, part referenced in the preamble of the for practices, methods, and procedures
number (P/N) NAS625–14, for a proposal; the date was incorrectly listed the Administrator finds necessary for
fracture, a crack, or looseness within 5 as March 3, 2004 but is correctly safety in air commerce. This regulation
hours time-in-service (TIS), and then at referenced as March 25, 2004 in this is within the scope of that authority
intervals not to exceed 10 hours TIS AD. We have determined that this because it addresses an unsafe condition
until performing a torque inspection of change will neither increase the that is likely to exist or develop on
each fitting bolt. The torque inspection economic burden on any operator nor products identified in this rulemaking
would have to be accomplished before increase the scope of the AD. action.
further flight if looseness is found, or We estimate that this AD will affect
within 25 hours TIS if looseness is not 58 helicopters of U.S. registry. Three List of Subjects in 14 CFR Part 39
found. If a fracture or a crack is found inspections (one initial, one repetitive, Air transportation, Aircraft, Aviation
on any bolt in any fitting, replacing all and the torque inspection) will take safety, Incorporation by reference,
4 of the bolts in a fitting with airworthy approximately 4 work hours to Safety.

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Federal Register / Vol. 70, No. 88 / Monday, May 9, 2005 / Rules and Regulations 24307

Adoption of the Amendment about previously approved alternative AD are intended to detect a fracture, a
methods of compliance. crack, or looseness of a fitting bolt, and
■ Accordingly, pursuant to the authority (e) Special flight permits may be issued in prevent fatigue failure of a fitting bolt
delegated to me by the Administrator, accordance with 14 CFR 21.197 and 21.199 and subsequent loss of control of the
the Federal Aviation Administration to operate the helicopter to a location where
the requirements of this AD can be
helicopter.
amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows: accomplished, provided that no fracture or DATES: Effective June 13, 2005.
crack or looseness was found during the The incorporation by reference of
PART 39—AIRWORTHINESS inspections required by this AD. certain publications listed in the
DIRECTIVES (f) The inspections and replacements shall regulations is approved by the Director
be done in accordance with Agusta Bollettino
of the Federal Register as of June 13,
■ 1. The authority citation for part 39 Tecnico No. 109EP–43, dated March 25,
2004. The Director of the Federal Register 2005.
continues to read as follows:
approved this incorporation by reference in ADDRESSES: You may get the service
Authority: 49 U.S.C. 106(g), 40113, 44701. accordance with 5 U.S.C. 552(a) and 1 CFR information identified in this AD from
§ 39.13 [Amended] part 51. Copies may be obtained from Agusta, Agusta, 21017 Cascina Costa di
21017 Cascina Costa di Samarate (VA) Italy,
■ 2. Section 39.13 is amended by adding Via Giovanni Agusta 520, telephone 39
Samarate (VA) Italy, Via Giovanni
a new airworthiness directive to read as (0331) 229111, fax 39 (0331) 229605–222595. Agusta 520, telephone 39 (0331) 229111,
follows: Copies may be inspected at the National fax 39 (0331) 229605–222595.
Archives and Records Administration Examining the Docket: You may
2005–09–07 Agusta S.p.A.: Amendment 39– examine the docket that contains this
(NARA). For information on the availability
14075. Docket No. FAA–2005–20292;
of this material at NARA, call 202–741–6030, AD, any comments, and other
Directorate Identifier 2004–SW–26–AD.
or go to: http://www.archives.gov/ information on the Internet at http://
Applicability: Model A109E helicopters, federal_register/code_of_federal_regulations/
certificated in any category.
dms.dot.gov, or at the Docket
ibr_locations.html. Management System (DMS), U.S.
Compliance: Required as indicated, unless (g) This amendment becomes effective on
accomplished previously. June 13, 2005.
Department of Transportation, 400
To detect a fracture, a crack, or looseness Seventh Street SW., Room PL–401, on
Note: The subject of this AD is addressed
of a main transmission support fitting
in Ente Nazionale per l’Aviazione Civile
the plaza level of the Nassif Building,
(fitting) attachment bolt (bolt), and prevent Washington, DC.
(Italy) AD No. 2004–099, dated March 29,
fatigue failure of a fitting bolt and subsequent FOR FURTHER INFORMATION CONTACT:
2004.
loss of control of the helicopter, accomplish
the following:
Sharon Miles, Aviation Safety Engineer,
Issued in Fort Worth, Texas, on April 27,
(a) Within 5 hours time-in-service (TIS), 2005.
FAA, Rotorcraft Directorate, Regulations
and then at intervals not to exceed 10 hours and Guidance Group, Fort Worth, Texas
Carl F. Mittag,
TIS until a torque inspection of each fitting 76193–0111, telephone (817) 222–5122,
bolt is accomplished in accordance with Acting Manager, Rotorcraft Directorate, fax (817) 222–5961.
paragraph (b) of this AD, inspect each fitting Aircraft Certification Service.
SUPPLEMENTARY INFORMATION: A
bolt, part number NAS625–14, for a fracture, [FR Doc. 05–8952 Filed 5–6–05; 8:45 am]
proposal to amend 14 CFR part 39 to
a crack, or looseness using a light and a BILLING CODE 4910–13–P
mirror in accordance with Part I, steps 1.
include an AD for Agusta Model A119
through 4., of Agusta Bollettino Tecnico No. helicopters was published in the
109EP–43, dated March 25, 2004 (BT). DEPARTMENT OF TRANSPORTATION Federal Register on February 10, 2005
(1) On each of the 4 fittings, if a fracture (70 FR 7057). That action proposed to
or a crack is found in any bolt, replace all Federal Aviation Administration require inspecting each fitting bolt, part
4 bolts in the fitting with airworthy fitting number (P/N) NAS625–14 and P/N
bolts before further flight. 14 CFR Part 39 NAS625–18, for a fracture, a crack, or
(2) If looseness is found in any bolt in any looseness, within 5 hours time-in-
fitting, inspect each of the 4 bolts on each of [Docket No. FAA–2005–20291; Directorate
service (TIS) and then at intervals not to
the 4 fittings (16 bolts total) to determine if Identifier 2004–SW–25–AD; Amendment 39–
the torque is between 11.3–15.8 Nm (100–140 14074; AD 2005–09–06] exceed 10 hours TIS until
inch-pounds). If the indicated torque is not accomplishing a torque inspection of
within the acceptable range on any bolt in a RIN 2120–AA64 each fitting bolt. The torque inspection
fitting, before further flight, remove all 4 would have to be accomplished before
bolts in the fitting and replace them with Airworthiness Directives; Agusta further flight if looseness is found, or
airworthy fitting bolts in accordance with S.p.A. Model A119 Helicopters within 25 hours TIS if looseness is not
Part II, steps 5.1 through 9. of the BT. AGENCY: Federal Aviation found. If a fracture or a crack is found
(b) Within 25 hours TIS, inspect each bolt on any bolt in a fitting, replacing all 4
in each fitting to determine if the torque is
Administration, DOT.
ACTION: Final rule. of the bolts in the fitting would be
between 11.3–15.8 Nm (100–140 inch-
pounds). If the indicated torque is not within
required. If looseness is detected on any
the acceptable range on any bolt, before SUMMARY: This amendment adopts a fitting bolt, a torque inspection would
further flight, remove all 4 bolts in the fitting new airworthiness directive (AD) for be required. If any torque inspection
and replace them with airworthy fitting bolts Agusta S.p.A. (Agusta) Model A119 reveals that the torque of any bolt in a
in accordance with Part II, steps 5.1 through helicopters that requires visually fitting is not between 11.3–15.8 Nm
9., of the BT. inspecting each main transmission (100–140 inch-pounds), all 4 of the bolts
(c) Accomplishing the inspections support fitting (fitting) attachment bolt in the fitting would have to be replaced
specified in paragraphs (a) and (b) constitute (bolt) for a fracture, a crack, or with airworthy fitting bolts before
terminating actions for the requirements of looseness, and verifying the torque on further flight.
this AD.
(d) To request a different method of
each fitting bolt. This amendment is The Ente Nazionale per l’Aviazione
compliance or a different compliance time prompted by two incidents of fatigue Civile (ENAC), the airworthiness
for this AD, follow the procedures in 14 CFR failure of the bolts that secure the authority for Italy, notified the FAA that
39.19. Contact the Safety Management Group, transmission rear support fittings to the an unsafe condition may exist on Agusta
Rotorcraft Directorate, FAA, for information helicopter. The actions specified by this Model A119 helicopters. ENAC advises

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