80_FR_76617 80 FR 76381 - Airworthiness Directives; Agusta S.p.A. Helicopters

80 FR 76381 - Airworthiness Directives; Agusta S.p.A. Helicopters

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 236 (December 9, 2015)

Page Range76381-76383
FR Document2015-30973

We are adopting a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model A109A and A109A II helicopters. This AD requires inspecting the slider assembly pitch control (slider) for play and replacing the slider if the play exceeds certain limits. This AD is prompted by a report of excessive slider play and wear that was detected during a scheduled inspection of a Model A109A II helicopter. These actions are intended to detect and prevent excessive wear and play on a slider, which could lead to loss of tail rotor pitch control and consequently loss of helicopter control.

Federal Register, Volume 80 Issue 236 (Wednesday, December 9, 2015)
[Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)]
[Rules and Regulations]
[Pages 76381-76383]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30973]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3783; Directorate Identifier 2015-SW-027-AD; 
Amendment 39-18342; AD 2015-25-04]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta 
S.p.A. (Agusta) Model A109A and A109A II helicopters. This AD requires 
inspecting the slider assembly pitch control (slider) for play and 
replacing the slider if the play exceeds certain limits. This AD is 
prompted by a report of excessive slider play and wear that was 
detected during a scheduled inspection of a Model A109A II helicopter. 
These actions are intended to detect and prevent excessive wear and 
play on a slider, which could lead to loss of tail rotor pitch control 
and consequently loss of helicopter control.

DATES: This AD becomes effective December 24, 2015.
    We must receive comments on this AD by February 8, 2016.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3783; 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 AD, the European Aviation Safety Agency (EASA) 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 service information identified in this AD, contact 
AgustaWestland, Product Support Engineering, Via del Gregge, 100, 21015 
Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; telephone 39-0331-
664757; fax 39-0331-664680; or at http://www.agustawestland.com/technical-bulletins. You may review the referenced service information 
at the FAA, Office of the Regional Counsel, Southwest Region, Room 6N-
321, 10101 Hillwood Pkwy, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Martin R. Crane, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 
Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments prior to it becoming effective. However, we 
invite you to participate in this rulemaking by submitting written 
comments, data, or views. We also invite comments relating to the 
economic, environmental, energy, or federalism impacts that resulted 
from adopting this AD. The most helpful comments reference a specific 
portion of the AD, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit them only one time. We will file in the docket all comments that 
we receive, as well as a report summarizing each substantive public 
contact with FAA personnel concerning this rulemaking during the 
comment period. We will consider all the comments we receive and may 
conduct additional rulemaking based on those comments.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD No. 2015-0097, dated June 1, 2015, 
to correct an unsafe condition for Agusta Model A109A and A109A II 
helicopters. EASA advises that during a scheduled 100-flight-hour 
inspection on a Model A109A II helicopter, unusual play was detected on 
a part number (P/N) 109-0130-11-7 slider. Further investigation 
revealed excessive wear of the slider broaching at the point of contact 
with the tail rotor shaft. However, the cause of the excessive play and 
wear has not been determined.
    This condition, if not detected and corrected, could lead to 
reduced control of the helicopter, EASA advises. EASA consequently 
requires repetitive inspections of slider P/N 109-0130-11-7 more 
frequently than those performed at the 100-flight-hour inspection and 
corrective actions depending on the findings. EASA advises that its AD 
is an interim measure and further AD action may follow.

[[Page 76382]]

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Italy and are approved for operation in the United States. Pursuant to 
our bilateral agreement with Italy, EASA, its technical representative, 
has notified us of the unsafe condition described in the EASA AD. We 
are issuing this AD because we evaluated all information provided by 
EASA and determined the unsafe condition exists and is likely to exist 
or develop on other helicopters of these same type designs.

Related Service Information

    We reviewed AgustaWestland Bollettino Tecnico No. 109-149, dated 
May 29, 2015, for Model A109A and A109A II helicopters. The bulletin 
states that during a 100-flight-hour inspection of a Model A109A II 
helicopter, ``anomalous'' play was found on a P/N 109-0130-11-7 slider. 
After the slider was removed and inspected, extended, unusual wear of 
the broaching in the point of contact with the tail rotor shaft was 
found. Agusta states that the investigation is ongoing, but as a 
precautionary measure it is reducing the slider inspection intervals 
from 100 flight hours to 25 flight hours.

AD Requirements

    This AD requires, within 25 hours time-in-service (TIS) and 
thereafter at intervals not to exceed 25 hours TIS, inspecting the 
slider for play. If there is any play that exceeds 2.3 millimeters 
(0.09 inch), this AD requires replacing the slider with an airworthy 
slider before further flight.

Interim Action

    We consider this AD to be an interim action. The design approval 
holder has not determined the cause of the unsafe condition identified 
in this AD. If a cause is determined and actions developed to address 
the cause, we might consider additional rulemaking.

Costs of Compliance

    We estimate that this AD will affect 36 helicopters of U.S. 
Registry and that labor costs average $85 a work-hour. Based on these 
estimates, we expect the following costs:
     Inspecting the slider for play requires 1 work-hour for a 
labor cost of $85 per helicopter and $3060 for the U.S. fleet.
     Replacing the slider requires 10 work-hours and $4068 in 
parts for a total cost of $4918 per helicopter.
    According to Agusta's service information, some of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected individuals. We do not control warranty coverage by Agusta. 
Accordingly, we have included all costs in our cost estimate.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting 
these AD requirements would delay implementing the safety actions 
needed to correct this known unsafe condition. Therefore, we find that 
the risk to the flying public justifies waiving notice and comment 
prior to the adoption of this rule because the unsafe condition can 
adversely affect control of the helicopter and the required corrective 
actions must be accomplished within 25 hours TIS. These helicopters 
have a variety of uses, including search-and-rescue and medical 
flights, and are expected to accumulate 25 hours TIS within a few 
weeks.
    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we determined that notice and opportunity for 
public comment before issuing this AD are impracticable and contrary to 
the public interest and that good cause exists for making this 
amendment effective in less than 30 days.

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 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, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. 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 and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2015-25-04 Agusta S.p.A.: Amendment 39-18342; Docket No. FAA-2015-
3783; Directorate Identifier 2015-SW-027-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. (Agusta) Model A109A and A109A 
II helicopters with a slider assembly pitch control (slider) part 
number 109-0130-11-7 installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as excessive wear and play 
on a slider. This condition could result in loss of tail rotor pitch 
control and consequently loss of helicopter control.

(c) Effective Date

    This AD becomes effective December 24, 2015.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    Within 25 hours time-in-service (TIS) and thereafter at 
intervals not to exceed 25 hours

[[Page 76383]]

TIS, inspect the slider for play. If there is play greater than 2.3 
millimeters (0.09 inch), replace the slider with an airworthy slider 
before further flight.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Martin R. Crane, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 
10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; 
email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office, before operating any aircraft 
complying with this AD through an AMOC.

(g) Additional Information

    (1) AgustaWestland Bollettino Tecnico No. 109-149, dated May 29, 
2015, which is not incorporated by reference, contains additional 
information about the subject of this AD. For service information 
identified in this AD, contact AgustaWestland, Product Support 
Engineering, Via del Gregge, 100, 21015 Lonate Pozzolo (VA) Italy, 
ATTN: Maurizio D'Angelo; telephone 39-0331-664757; fax 39-0331-
664680; or at http://www.agustawestland.com/technical-bulletins. You 
may review a copy of the service information at the FAA, Office of 
the Regional Counsel, Southwest Region, Room 6N-321, 10101 Hillwood 
Pkwy, Fort Worth, TX 76177.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2015-0097, dated June 1, 2015. You may 
view the EASA AD on the Internet at http://www.regulations.gov by 
searching for and locating it in Docket No. FAA-2015-3783.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6720, Tail Rotor 
Control System.

    Issued in Fort Worth, Texas, on December 2, 2015.
James A. Grigg,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2015-30973 Filed 12-8-15; 8:45 am]
 BILLING CODE 4910-13-P



                                                            Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Rules and Regulations                                      76381

                                           margins, an increase in flight crew                      S.p.A. (Agusta) Model A109A and                       Engineer, Safety Management Group,
                                           workload, discomfort to the flight crew,                 A109A II helicopters. This AD requires                Rotorcraft Directorate, FAA, 10101
                                           or physical distress to the passengers or                inspecting the slider assembly pitch                  Hillwood Pkwy, Fort Worth, TX 76177;
                                           cabin crew, possibly including non-fatal                 control (slider) for play and replacing               telephone (817) 222–5110; email
                                           injuries. Significant transients do not                  the slider if the play exceeds certain                martin.r.crane@faa.gov.
                                           require, in order to remain within or                    limits. This AD is prompted by a report
                                                                                                    of excessive slider play and wear that                SUPPLEMENTARY INFORMATION:
                                           recover to the normal flight envelope,
                                           any of the following:                                    was detected during a scheduled                       Comments Invited
                                             i. Exceptional piloting skill, alertness,              inspection of a Model A109A II
                                           or strength.                                             helicopter. These actions are intended                   This AD is a final rule that involves
                                             ii. Forces applied by the pilot which                  to detect and prevent excessive wear                  requirements affecting flight safety, and
                                           are greater than those specified in                      and play on a slider, which could lead                we did not provide you with notice and
                                           § 23.143(c).                                             to loss of tail rotor pitch control and               an opportunity to provide your
                                             iii. Accelerations or attitudes in the                 consequently loss of helicopter control.              comments prior to it becoming effective.
                                           airplane that might result in further                    DATES: This AD becomes effective                      However, we invite you to participate in
                                           hazard to secured or non-secured                         December 24, 2015.                                    this rulemaking by submitting written
                                           occupants.                                                 We must receive comments on this                    comments, data, or views. We also
                                             It must also be demonstrated, through                  AD by February 8, 2016.                               invite comments relating to the
                                           tests and analysis, that no single failure               ADDRESSES: You may send comments by                   economic, environmental, energy, or
                                           or malfunction or probable                               any of the following methods:                         federalism impacts that resulted from
                                           combinations of failures of the auto                       • Federal eRulemaking Docket: Go to                 adopting this AD. The most helpful
                                           thrust system components results in the                  http://www.regulations.gov. Follow the                comments reference a specific portion of
                                           probability for LOTC, or un-commanded                    online instructions for sending your                  the AD, explain the reason for any
                                           thrust changes and transients that result                comments electronically.                              recommended change, and include
                                           in an LOTC event, to exceed the                            • Fax: 202–493–2251.                                supporting data. To ensure the docket
                                           following:                                                 • Mail: Send comments to the U.S.
                                                                                                                                                          does not contain duplicate comments,
                                           (1) Average Events per Million Hours: 10                 Department of Transportation, Docket
                                                                                                                                                          commenters should send only one copy
                                                (1×10¥05 per hour)                                  Operations, M–30, West Building
                                                                                                                                                          of written comments, or if comments are
                                           (2) Maximum Events per Million Hours: 100                Ground Floor, Room W12–140, 1200
                                                                                                                                                          filed electronically, commenters should
                                                (1×10¥04 per hour)                                  New Jersey Avenue SE., Washington,
                                                                                                    DC 20590–0001.                                        submit them only one time. We will file
                                              Note: The term ‘‘probable’’ in the context
                                                                                                      • Hand Delivery: Deliver to the                     in the docket all comments that we
                                           of ‘‘probable combination of failures’’ does
                                           not have the same meaning as used for a                  ‘‘Mail’’ address between 9 a.m. and 5                 receive, as well as a report summarizing
                                           safety assessment process. The term                      p.m., Monday through Friday, except                   each substantive public contact with
                                           ‘‘probable’’ in ‘‘probable combination of                Federal holidays.                                     FAA personnel concerning this
                                           failures’’ means ‘‘foreseeable,’’ or those                                                                     rulemaking during the comment period.
                                           failure conditions anticipated to occur one or           Examining the AD Docket                               We will consider all the comments we
                                           more times during the operational life of each              You may examine the AD docket on                   receive and may conduct additional
                                           airplane.                                                the Internet at http://                               rulemaking based on those comments.
                                             Issued in Kansas City, Missouri, on                    www.regulations.gov by searching for
                                                                                                    and locating Docket No. FAA–2015–                     Discussion
                                           December 2, 2015.
                                           Patrick Mullen,                                          3783; or in person at the Docket                         EASA, which is the Technical Agent
                                           Acting Manager, Small Airplane Directorate,              Operations Office between 9 a.m. and 5                for the Member States of the European
                                           Aircraft Certification Service.                          p.m., Monday through Friday, except                   Union, has issued EASA AD No. 2015–
                                           [FR Doc. 2015–31058 Filed 12–8–15; 8:45 am]              Federal holidays. The AD docket                       0097, dated June 1, 2015, to correct an
                                                                                                    contains this AD, the European Aviation               unsafe condition for Agusta Model
                                           BILLING CODE 4910–13–P
                                                                                                    Safety Agency (EASA) AD, the                          A109A and A109A II helicopters. EASA
                                                                                                    economic evaluation, any comments                     advises that during a scheduled 100-
                                           DEPARTMENT OF TRANSPORTATION                             received, and other information. The                  flight-hour inspection on a Model
                                                                                                    street address for the Docket Operations
                                                                                                                                                          A109A II helicopter, unusual play was
                                           Federal Aviation Administration                          Office (telephone 800–647–5527) is in
                                                                                                                                                          detected on a part number (P/N) 109–
                                                                                                    the ADDRESSES section. Comments will
                                                                                                                                                          0130–11–7 slider. Further investigation
                                           14 CFR Part 39                                           be available in the AD docket shortly
                                                                                                                                                          revealed excessive wear of the slider
                                                                                                    after receipt.
                                           [Docket No. FAA–2015–3783; Directorate                      For service information identified in              broaching at the point of contact with
                                           Identifier 2015–SW–027–AD; Amendment
                                                                                                    this AD, contact AgustaWestland,                      the tail rotor shaft. However, the cause
                                           39–18342; AD 2015–25–04]                                                                                       of the excessive play and wear has not
                                                                                                    Product Support Engineering, Via del
                                           RIN 2120–AA64                                            Gregge, 100, 21015 Lonate Pozzolo (VA)                been determined.
                                                                                                    Italy, ATTN: Maurizio D’Angelo;                          This condition, if not detected and
                                           Airworthiness Directives; Agusta                         telephone 39–0331–664757; fax 39–                     corrected, could lead to reduced control
                                           S.p.A. Helicopters                                       0331–664680; or at http://                            of the helicopter, EASA advises. EASA
                                           AGENCY:  Federal Aviation                                www.agustawestland.com/technical-                     consequently requires repetitive
                                                                                                    bulletins. You may review the                         inspections of slider P/N 109–0130–11–
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                                           Administration (FAA), Department of
                                           Transportation (DOT).                                    referenced service information at the                 7 more frequently than those performed
                                                                                                    FAA, Office of the Regional Counsel,                  at the 100-flight-hour inspection and
                                           ACTION: Final rule; request for
                                                                                                    Southwest Region, Room 6N–321, 10101                  corrective actions depending on the
                                           comments.
                                                                                                    Hillwood Pkwy, Fort Worth, TX 76177.                  findings. EASA advises that its AD is an
                                           SUMMARY:  We are adopting a new                          FOR FURTHER INFORMATION CONTACT:                      interim measure and further AD action
                                           airworthiness directive (AD) for Agusta                  Martin R. Crane, Aviation Safety                      may follow.


                                      VerDate Sep<11>2014    15:17 Dec 08, 2015   Jkt 238001   PO 00000   Frm 00027   Fmt 4700   Sfmt 4700   E:\FR\FM\09DER1.SGM   09DER1


                                           76382            Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Rules and Regulations

                                           FAA’s Determination                                      affected individuals. We do not control                 For the reasons discussed, I certify
                                             These helicopters have been approved                   warranty coverage by Agusta.                          that this AD:
                                           by the aviation authority of Italy and are               Accordingly, we have included all costs                 1. Is not a ‘‘significant regulatory
                                           approved for operation in the United                     in our cost estimate.                                 action’’ under Executive Order 12866;
                                           States. Pursuant to our bilateral                                                                                2. Is not a ‘‘significant rule’’ under
                                                                                                    FAA’s Justification and Determination
                                           agreement with Italy, EASA, its                                                                                DOT Regulatory Policies and Procedures
                                                                                                    of the Effective Date
                                           technical representative, has notified us                                                                      (44 FR 11034, February 26, 1979);
                                                                                                       Providing an opportunity for public                  3. Will not affect intrastate aviation in
                                           of the unsafe condition described in the
                                                                                                    comments prior to adopting these AD                   Alaska to the extent that it justifies
                                           EASA AD. We are issuing this AD
                                                                                                    requirements would delay                              making a regulatory distinction; and
                                           because we evaluated all information
                                                                                                    implementing the safety actions needed                  4. Will not have a significant
                                           provided by EASA and determined the
                                                                                                    to correct this known unsafe condition.               economic impact, positive or negative,
                                           unsafe condition exists and is likely to
                                                                                                    Therefore, we find that the risk to the               on a substantial number of small entities
                                           exist or develop on other helicopters of
                                                                                                    flying public justifies waiving notice                under the criteria of the Regulatory
                                           these same type designs.
                                                                                                    and comment prior to the adoption of                  Flexibility Act.
                                           Related Service Information                              this rule because the unsafe condition                  We prepared an economic evaluation
                                              We reviewed AgustaWestland                            can adversely affect control of the                   of the estimated costs to comply with
                                           Bollettino Tecnico No. 109–149, dated                    helicopter and the required corrective                this AD and placed it in the AD docket.
                                           May 29, 2015, for Model A109A and                        actions must be accomplished within 25
                                                                                                    hours TIS. These helicopters have a                   List of Subjects in 14 CFR Part 39
                                           A109A II helicopters. The bulletin states
                                           that during a 100-flight-hour inspection                 variety of uses, including search-and-                  Air transportation, Aircraft, Aviation
                                           of a Model A109A II helicopter,                          rescue and medical flights, and are                   safety, Incorporation by reference,
                                           ‘‘anomalous’’ play was found on a P/N                    expected to accumulate 25 hours TIS                   Safety.
                                           109–0130–11–7 slider. After the slider                   within a few weeks.                                   Adoption of the Amendment
                                           was removed and inspected, extended,                        Since an unsafe condition exists that
                                                                                                    requires the immediate adoption of this                 Accordingly, under the authority
                                           unusual wear of the broaching in the
                                                                                                    AD, we determined that notice and                     delegated to me by the Administrator,
                                           point of contact with the tail rotor shaft
                                                                                                    opportunity for public comment before                 the FAA amends 14 CFR part 39 as
                                           was found. Agusta states that the
                                                                                                    issuing this AD are impracticable and                 follows:
                                           investigation is ongoing, but as a
                                           precautionary measure it is reducing the                 contrary to the public interest and that
                                                                                                    good cause exists for making this                     PART 39—AIRWORTHINESS
                                           slider inspection intervals from 100                                                                           DIRECTIVES
                                           flight hours to 25 flight hours.                         amendment effective in less than 30
                                                                                                    days.
                                           AD Requirements                                                                                                ■ 1. The authority citation for part 39
                                                                                                    Authority for This Rulemaking                         continues to read as follows:
                                             This AD requires, within 25 hours
                                           time-in-service (TIS) and thereafter at                     Title 49 of the United States Code                     Authority: 49 U.S.C. 106(g), 40113, 44701.
                                           intervals not to exceed 25 hours TIS,                    specifies the FAA’s authority to issue
                                                                                                                                                          § 39.13    [Amended]
                                           inspecting the slider for play. If there is              rules on aviation safety. Subtitle I,
                                           any play that exceeds 2.3 millimeters                    section 106, describes the authority of               ■ 2. The FAA amends § 39.13 by adding
                                           (0.09 inch), this AD requires replacing                  the FAA Administrator. ‘‘Subtitle VII:                the following new airworthiness
                                           the slider with an airworthy slider                      Aviation Programs,’’ describes in more                directive (AD):
                                           before further flight.                                   detail the scope of the Agency’s                      2015–25–04 Agusta S.p.A.: Amendment 39–
                                                                                                    authority.                                                18342; Docket No. FAA–2015–3783;
                                           Interim Action                                              We are issuing this rulemaking under                   Directorate Identifier 2015–SW–027–AD.
                                             We consider this AD to be an interim                   the authority described in ‘‘Subtitle VII,
                                                                                                                                                          (a) Applicability
                                           action. The design approval holder has                   Part A, Subpart III, Section 44701:
                                                                                                    General requirements.’’ Under that                       This AD applies to Agusta S.p.A. (Agusta)
                                           not determined the cause of the unsafe                                                                         Model A109A and A109A II helicopters with
                                           condition identified in this AD. If a                    section, Congress charges the FAA with
                                                                                                                                                          a slider assembly pitch control (slider) part
                                           cause is determined and actions                          promoting safe flight of civil aircraft in            number 109–0130–11–7 installed,
                                           developed to address the cause, we                       air commerce by prescribing regulations               certificated in any category.
                                           might consider additional rulemaking.                    for practices, methods, and procedures
                                                                                                    the Administrator finds necessary for                 (b) Unsafe Condition
                                           Costs of Compliance                                      safety in air commerce. This regulation                 This AD defines the unsafe condition as
                                             We estimate that this AD will affect                   is within the scope of that authority                 excessive wear and play on a slider. This
                                           36 helicopters of U.S. Registry and that                 because it addresses an unsafe condition              condition could result in loss of tail rotor
                                                                                                    that is likely to exist or develop on                 pitch control and consequently loss of
                                           labor costs average $85 a work-hour.
                                                                                                                                                          helicopter control.
                                           Based on these estimates, we expect the                  products identified in this rulemaking
                                           following costs:                                         action.                                               (c) Effective Date
                                             • Inspecting the slider for play                                                                                This AD becomes effective December 24,
                                                                                                    Regulatory Findings
                                           requires 1 work-hour for a labor cost of                                                                       2015.
                                           $85 per helicopter and $3060 for the                       We determined that this AD will not
                                                                                                    have federalism implications under                    (d) Compliance
                                           U.S. fleet.
                                             • Replacing the slider requires 10                     Executive Order 13132. This AD will                     You are responsible for performing each
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                                           work-hours and $4068 in parts for a                      not have a substantial direct effect on               action required by this AD within the
                                                                                                    the States, on the relationship between               specified compliance time unless it has
                                           total cost of $4918 per helicopter.                                                                            already been accomplished prior to that time.
                                             According to Agusta’s service                          the national Government and the States,
                                           information, some of the costs of this                   or on the distribution of power and                   (e) Required Actions
                                           AD may be covered under warranty,                        responsibilities among the various                       Within 25 hours time-in-service (TIS) and
                                           thereby reducing the cost impact on                      levels of government.                                 thereafter at intervals not to exceed 25 hours



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                                                            Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Rules and Regulations                                       76383

                                           TIS, inspect the slider for play. If there is            DEPARTMENT OF COMMERCE                                necessary, to select regulatory
                                           play greater than 2.3 millimeters (0.09 inch),                                                                 approaches that maximize net benefits
                                           replace the slider with an airworthy slider              Bureau of Industry and Security                       (including potential economic,
                                           before further flight.                                                                                         environmental, public health and safety
                                           (f) Alternative Methods of Compliance
                                                                                                    15 CFR Parts 730, 734, 736, 742, 744,                 effects, distributive impacts, and
                                           (AMOCs)                                                  and 745                                               equity). This rule does not impose any
                                              (1) The Manager, Safety Management                    [Docket No. 151123999–5999–01]                        regulatory burden on the public and is
                                           Group, FAA, may approve AMOCs for this                                                                         consistent with the goals of Executive
                                                                                                    RIN 0694–AG78
                                           AD. Send your proposal to: Martin R. Crane,                                                                    Order 13563. This rule has been
                                           Aviation Safety Engineer, Safety Management              Updated Statements of Legal Authority                 determined to be not significant for
                                           Group, Rotorcraft Directorate, FAA, 10101                for the Export Administration                         purposes of Executive Order 12866.
                                           Hillwood Pkwy, Fort Worth, TX 76177;                     Regulations                                              2. Notwithstanding any other
                                           telephone (817) 222–5110; email 9-ASW-                                                                         provision of law, no person is required
                                           FTW-AMOC-Requests@faa.gov.                               AGENCY:  Bureau of Industry and
                                                                                                    Security, Commerce.                                   to respond to, nor shall any person be
                                              (2) For operations conducted under a 14                                                                     subject to a penalty for failure to comply
                                           CFR part 119 operating certificate or under              ACTION: Final rule.
                                                                                                                                                          with, a collection of information subject
                                           14 CFR part 91, subpart K, we suggest that
                                                                                                    SUMMARY:   This rule updates the Code of              to the requirements of the Paperwork
                                           you notify your principal inspector, or
                                                                                                    Federal Regulations (CFR) legal                       Reduction Act of 1995 (44 U.S.C. 3501
                                           lacking a principal inspector, the manager of
                                                                                                    authority citations in the Export                     et seq.) (PRA), unless that collection of
                                           the local flight standards district office or
                                           certificate holding district office, before              Administration Regulations (EAR) to                   information displays a currently valid
                                           operating any aircraft complying with this               cite the most recent Presidential notice              Office of Management and Budget
                                           AD through an AMOC.                                      continuing an emergency declared                      (OMB) Control Number. This rule does
                                                                                                    pursuant to the International Emergency               not involve any collection of
                                           (g) Additional Information                               Economic Powers Act. This is a non-                   information.
                                             (1) AgustaWestland Bollettino Tecnico No.              substantive rule that only updates                       3. This rule does not contain policies
                                           109–149, dated May 29, 2015, which is not                authority paragraphs of the EAR. It does              with Federalism implications as that
                                           incorporated by reference, contains                      not alter any right, obligation or                    term is defined under Executive Order
                                           additional information about the subject of              prohibition that applies to any person                13132.
                                           this AD. For service information identified in           under the EAR.
                                           this AD, contact AgustaWestland, Product                 DATES: The rule is effective December 9,
                                                                                                                                                             4. The Department finds that there is
                                           Support Engineering, Via del Gregge, 100,                2015.                                                 good cause under 5 U.S.C. 553(b)(B) to
                                           21015 Lonate Pozzolo (VA) Italy, ATTN:                                                                         waive the provisions of the
                                                                                                    FOR FURTHER INFORMATION CONTACT:
                                           Maurizio D’Angelo; telephone 39–0331–                                                                          Administrative Procedure Act requiring
                                                                                                    William Arvin, Regulatory Policy
                                           664757; fax 39–0331–664680; or at http://                                                                      prior notice and the opportunity for
                                                                                                    Division, Bureau of Industry and
                                           www.agustawestland.com/technical-
                                                                                                    Security, email william.arvin@                        public comment because they are
                                           bulletins. You may review a copy of the
                                                                                                    bis.doc.gov or telephone: (202) 482–                  unnecessary. This rule only updates
                                           service information at the FAA, Office of the                                                                  legal authority citations. It clarifies
                                                                                                    2440.
                                           Regional Counsel, Southwest Region, Room                                                                       information and is non-discretionary.
                                           6N–321, 10101 Hillwood Pkwy, Fort Worth,                 SUPPLEMENTARY INFORMATION:                            This rule does not alter any right,
                                           TX 76177.                                                Background                                            obligation or prohibition that applies to
                                             (2) The subject of this AD is addressed in                                                                   any person under the EAR. Because
                                           European Aviation Safety Agency (EASA) AD                   The authority for parts 730, 734, 736,
                                                                                                                                                          these revisions are not substantive
                                           No. 2015–0097, dated June 1, 2015. You may               742, 744, and 745 of the EAR rests, in
                                                                                                                                                          changes, it is unnecessary to provide
                                           view the EASA AD on the Internet at                      part, on Executive Order 12938 of
                                                                                                    November 14, 1994—Proliferation of                    notice and opportunity for public
                                           http://www.regulations.gov by searching for                                                                    comment. In addition, the 30-day delay
                                           and locating it in Docket No. FAA–2015–                  Weapons of Mass Destruction, 59 FR
                                                                                                    59099, 3 CFR, 1994 Comp., p. 950 and                  in effectiveness otherwise required by 5
                                           3783.
                                                                                                    on annual notices continuing the                      U.S.C. 553(d) is not applicable because
                                           (h) Subject                                              emergency declared in that executive                  this rule is not a substantive rule.
                                             Joint Aircraft Service Component (JASC)                order. This rule revises the authority                Because neither the Administrative
                                           Code: 6720, Tail Rotor Control System.                   citations for the affected parts to cite the          Procedure Act nor any other law
                                                                                                    most recent such notice, which the                    requires that notice of proposed
                                              Issued in Fort Worth, Texas, on December
                                                                                                    President signed on November 12, 2015.                rulemaking and an opportunity for
                                           2, 2015.
                                                                                                       This rule is purely non-substantive,               public comment be given for this rule,
                                           James A. Grigg,                                                                                                the analytical requirements of the
                                                                                                    and makes no changes other than to
                                           Acting Manager, Rotorcraft Directorate,                  revise CFR authority citations for the                Regulatory Flexibility Act (5 U.S.C. 601
                                           Aircraft Certification Service.                                                                                et seq.) are not applicable. Accordingly,
                                                                                                    purpose of making the authority
                                           [FR Doc. 2015–30973 Filed 12–8–15; 8:45 am]              citations current. It does not change the             no Regulatory Flexibility Analysis is
                                           BILLING CODE 4910–13–P                                   text of any section of the EAR, nor does              required and none has been prepared.
                                                                                                    it alter any right, obligation or
                                                                                                                                                          List of Subjects
                                                                                                    prohibition that applies to any person
                                                                                                    under the EAR.
wgreen on DSK2VPTVN1PROD with RULES




                                                                                                                                                          15 CFR Part 730
                                                                                                    Rulemaking Requirements                                 Administrative practice and
                                                                                                       1. Executive Orders 13563 and 12866                procedure, Advisory committees,
                                                                                                    direct agencies to assess all costs and               Exports, Reporting and recordkeeping
                                                                                                    benefits of available regulatory                      requirements, Strategic and critical
                                                                                                    alternatives and, if regulation is                    materials.


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Document Created: 2015-12-14 13:32:17
Document Modified: 2015-12-14 13:32:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; request for comments.
DatesThis AD becomes effective December 24, 2015.
ContactMartin R. Crane, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected]
FR Citation80 FR 76381 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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