81_FR_15226 81 FR 15171 - Airworthiness Directives; Agusta S.p.A. Helicopters

81 FR 15171 - Airworthiness Directives; Agusta S.p.A. Helicopters

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 55 (March 22, 2016)

Page Range15171-15173
FR Document2016-06373

We propose to adopt a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model A109A, A109A II, A109C, A109E, A109K2, A109S and AW109SP helicopters. This proposed AD would require visually inspecting the tail rotor drive shaft assembly (drive shaft) for a crack. This proposed AD is prompted by the discovery of three cracks on the drive shaft of a Model A109S helicopter. The proposed actions are intended to detect a crack on the drive shaft to prevent failure of the driveshaft, failure of the tail rotor, and subsequent loss of helicopter control.

Federal Register, Volume 81 Issue 55 (Tuesday, March 22, 2016)
[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Proposed Rules]
[Pages 15171-15173]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06373]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / 
Proposed Rules

[[Page 15171]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3781; Directorate Identifier 2015-SW-048-AD]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Agusta S.p.A. (Agusta) Model A109A, A109A II, A109C, A109E, A109K2, 
A109S and AW109SP helicopters. This proposed AD would require visually 
inspecting the tail rotor drive shaft assembly (drive shaft) for a 
crack. This proposed AD is prompted by the discovery of three cracks on 
the drive shaft of a Model A109S helicopter. The proposed actions are 
intended to detect a crack on the drive shaft to prevent failure of the 
driveshaft, failure of the tail rotor, and subsequent loss of 
helicopter control.

DATES: We must receive comments on this proposed AD by May 23, 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-
3781; 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 proposed 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 proposed rule, 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, 10101 
Hillwood Pkwy., Room 6N-321, 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

    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 might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, 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 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 proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Discussion

    EASA, which is the aviation authority for Italy, has issued AD No. 
2015-0054, dated March 27, 2015, to correct an unsafe condition for 
Model A109A with retrofit kit part number 109-0820-27-101 installed, 
and Model A109A II, A109C, A109E, A109K2, A109LUH, A109S, and AW109SP 
helicopters.
    EASA advises that during scheduled maintenance on a Model A109S 
helicopter, three cracks were found on the drive shaft. An 
investigation could not determine the cause of the cracking but 
concluded it could not have been caused by fatigue. This condition, if 
not detected and corrected, could lead to tail rotor failure, possibly 
resulting in loss of helicopter control, EASA advises. EASA AD No. 
2015-0054 consequently requires a one-time inspection of the drive 
shaft, and replacing the drive shaft if cracks are found.

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 its AD. We are 
proposing this AD because we evaluated all known relevant information 
and determined that an unsafe condition is likely to exist or develop 
on other products of the same type design.

Related Service Information Under 1 CFR Part 51

    We reviewed AgustaWestland Bollettino Tecnico (BT) No. 109-147 for 
Model A109A helicopters with retrofit kit P/N 109-0820-27-101 
installed, Model A109A II, and Model A109C helicopters; BT No. 109EP-
143 for Model A109E helicopters; BT No. 109K-68 for Model A109K2 
helicopters; BT No. 109S-067 for Model A109S

[[Page 15172]]

helicopters; and BT No. 109SP-094 for Model AW109SP helicopters. All of 
the BTs are dated March 25, 2015. AgustaWestland reports that during a 
scheduled servicing of an A109S helicopter, three cracks were found on 
drive shaft P/N 109-8412-02-1. The BTs prescribe a one-time drive shaft 
inspection for cracks.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Proposed AD Requirements

    This proposed AD would require, within 50 hours time-in-service, 
visually inspecting the drive shaft for a crack and replacing the drive 
shaft if it is cracked.

Differences Between This Proposed AD and the EASA AD

    The EASA AD applies to Agusta Model A109LUH helicopters. This 
proposed AD would not because that model does not have an FAA type 
certificate.

Interim Action

    We consider this proposed AD to be an interim action. The design 
approval holder has not determined the cause of the unsafe condition 
identified in this proposed 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 proposed AD would affect 142 helicopters of 
U.S. Registry and that labor costs average $85 per work-hour. Based on 
these estimates, we expect the following costs:
     Inspecting the drive shaft would require 9 work-hours and 
no parts. The estimated cost would be $765 per helicopter and $108,630 
for the U.S. fleet.
     Replacing the drive shaft would not require additional 
labor hours. Parts would cost $6,082 per helicopter.
    According to Agusta service information, some of the costs of this 
proposed 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.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 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);
    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 proposed 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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):

Agusta S.p.A.: Docket No. FAA-2015-3781; Directorate Identifier 
2015-SW-048-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. Model A109A, A109A II, A109C, 
A109E, A109K2, A109S, and AW109SP helicopters with a tail rotor 
drive shaft assembly (drive shaft), part number 109-8412-02-1 or 
109-8412-02-3, installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a drive 
shaft. This condition could result in failure of a drive shaft, 
failure of the tail rotor, and subsequent loss of helicopter 
control.

(c) Comments Due Date

    We must receive comments by May 23, 2016.

(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 50 hours time-in-service:
    (1) Visually inspect each drive shaft in accordance with the 
Compliance Instructions, paragraph 4, of AgustaWestland Bollettino 
Tecnico (BT) No. 109-147, dated March 25, 2015; BT No. 109EP-143, 
dated March 25, 2015; BT No. 109K-68, dated March 25, 2015; BT No. 
109S-067, dated March 25, 2015; or BT No. 109SP-094, dated March 25, 
2015, as applicable for your model helicopter.
    (2) If there is a crack, replace the drive shaft 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

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD No. 2015-0054, dated March 27, 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-2015-3781.

[[Page 15173]]

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6510, Tail Rotor 
Drive Shaft.

    Issued in Fort Worth, Texas, on March 15, 2016.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-06373 Filed 3-21-16; 8:45 am]
BILLING CODE 4910-13-P



                                                                                                                                                                                                      15171

                                                      Proposed Rules                                                                                                Federal Register
                                                                                                                                                                    Vol. 81, No. 55

                                                                                                                                                                    Tuesday, March 22, 2016



                                                      This section of the FEDERAL REGISTER                    Examining the AD Docket                               public contact with FAA personnel
                                                      contains notices to the public of the proposed
                                                                                                                 You may examine the AD docket on                   concerning this proposed rulemaking.
                                                      issuance of rules and regulations. The                                                                        Before acting on this proposal, we will
                                                      purpose of these notices is to give interested          the Internet at http://
                                                                                                              www.regulations.gov by searching for                  consider all comments we receive on or
                                                      persons an opportunity to participate in the                                                                  before the closing date for comments.
                                                      rule making prior to the adoption of the final          and locating Docket No. FAA–2015–
                                                                                                              3781; or in person at the Docket                      We will consider comments filed after
                                                      rules.
                                                                                                              Operations Office between 9 a.m. and 5                the comment period has closed if it is
                                                                                                              p.m., Monday through Friday, except                   possible to do so without incurring
                                                      DEPARTMENT OF TRANSPORTATION                            Federal holidays. The AD docket                       expense or delay. We may change this
                                                                                                              contains this proposed AD, the                        proposal in light of the comments we
                                                      Federal Aviation Administration                         European Aviation Safety Agency                       receive.
                                                                                                              (EASA) AD, the economic evaluation,                   Discussion
                                                      14 CFR Part 39                                          any comments received, and other
                                                                                                                                                                       EASA, which is the aviation authority
                                                                                                              information. The street address for the
                                                                                                                                                                    for Italy, has issued AD No. 2015–0054,
                                                      [Docket No. FAA–2015–3781; Directorate                  Docket Operations Office (telephone
                                                                                                                                                                    dated March 27, 2015, to correct an
                                                      Identifier 2015–SW–048–AD]                              800–647–5527) is in the ADDRESSES
                                                                                                                                                                    unsafe condition for Model A109A with
                                                                                                              section. Comments will be available in
                                                                                                                                                                    retrofit kit part number 109–0820–27–
                                                      RIN 2120–AA64                                           the AD docket shortly after receipt.
                                                                                                                 For service information identified in              101 installed, and Model A109A II,
                                                                                                              this proposed rule, contact                           A109C, A109E, A109K2, A109LUH,
                                                      Airworthiness Directives; Agusta                                                                              A109S, and AW109SP helicopters.
                                                      S.p.A. Helicopters                                      AgustaWestland, Product Support
                                                                                                                                                                       EASA advises that during scheduled
                                                                                                              Engineering, Via del Gregge, 100, 21015
                                                      AGENCY: Federal Aviation                                                                                      maintenance on a Model A109S
                                                                                                              Lonate Pozzolo (VA) Italy, ATTN:
                                                      Administration (FAA), DOT.                                                                                    helicopter, three cracks were found on
                                                                                                              Maurizio D’Angelo; telephone 39–0331–
                                                                                                                                                                    the drive shaft. An investigation could
                                                      ACTION: Notice of proposed rulemaking                   664757; fax 39–0331–664680; or at
                                                                                                                                                                    not determine the cause of the cracking
                                                      (NPRM).                                                 http://www.agustawestland.com/
                                                                                                                                                                    but concluded it could not have been
                                                                                                              technical-bulletins. You may review the
                                                                                                                                                                    caused by fatigue. This condition, if not
                                                      SUMMARY:    We propose to adopt a new                   referenced service information at the
                                                                                                                                                                    detected and corrected, could lead to
                                                      airworthiness directive (AD) for Agusta                 FAA, Office of the Regional Counsel,
                                                                                                                                                                    tail rotor failure, possibly resulting in
                                                      S.p.A. (Agusta) Model A109A, A109A II,                  Southwest Region, 10101 Hillwood
                                                                                                                                                                    loss of helicopter control, EASA
                                                      A109C, A109E, A109K2, A109S and                         Pkwy., Room 6N–321, Fort Worth, TX
                                                                                                                                                                    advises. EASA AD No. 2015–0054
                                                      AW109SP helicopters. This proposed                      76177.
                                                                                                                                                                    consequently requires a one-time
                                                      AD would require visually inspecting                    FOR FURTHER INFORMATION CONTACT:                      inspection of the drive shaft, and
                                                      the tail rotor drive shaft assembly (drive              Martin R. Crane, Aviation Safety                      replacing the drive shaft if cracks are
                                                      shaft) for a crack. This proposed AD is                 Engineer, Safety Management Group,                    found.
                                                      prompted by the discovery of three                      Rotorcraft Directorate, FAA, 10101
                                                      cracks on the drive shaft of a Model                    Hillwood Pkwy., Fort Worth, TX 76177;                 FAA’s Determination
                                                      A109S helicopter. The proposed actions                  telephone (817) 222–5110; email                         These helicopters have been approved
                                                      are intended to detect a crack on the                   martin.r.crane@faa.gov.                               by the aviation authority of Italy and are
                                                      drive shaft to prevent failure of the                   SUPPLEMENTARY INFORMATION:                            approved for operation in the United
                                                      driveshaft, failure of the tail rotor, and                                                                    States. Pursuant to our bilateral
                                                      subsequent loss of helicopter control.                  Comments Invited                                      agreement with Italy, EASA, its
                                                      DATES: We must receive comments on                         We invite you to participate in this               technical representative, has notified us
                                                      this proposed AD by May 23, 2016.                       rulemaking by submitting written                      of the unsafe condition described in its
                                                                                                              comments, data, or views. We also                     AD. We are proposing this AD because
                                                      ADDRESSES: You may send comments by
                                                                                                              invite comments relating to the                       we evaluated all known relevant
                                                      any of the following methods:
                                                                                                              economic, environmental, energy, or                   information and determined that an
                                                        • Federal eRulemaking Docket: Go to                   federalism impacts that might result                  unsafe condition is likely to exist or
                                                      http://www.regulations.gov. Follow the                  from adopting the proposals in this                   develop on other products of the same
                                                      online instructions for sending your                    document. The most helpful comments                   type design.
                                                      comments electronically.                                reference a specific portion of the
                                                        • Fax: 202–493–2251.                                  proposal, explain the reason for any                  Related Service Information Under 1
                                                        • Mail: Send comments to the U.S.                     recommended change, and include                       CFR Part 51
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Department of Transportation, Docket                    supporting data. To ensure the docket                   We reviewed AgustaWestland
                                                      Operations, M–30, West Building                         does not contain duplicate comments,                  Bollettino Tecnico (BT) No. 109–147 for
                                                      Ground Floor, Room W12–140, 1200                        commenters should send only one copy                  Model A109A helicopters with retrofit
                                                      New Jersey Avenue SE., Washington,                      of written comments, or if comments are               kit P/N 109–0820–27–101 installed,
                                                      DC 20590–0001.                                          filed electronically, commenters should               Model A109A II, and Model A109C
                                                        • Hand Delivery: Deliver to the                       submit only one time.                                 helicopters; BT No. 109EP–143 for
                                                      ‘‘Mail’’ address between 9 a.m. and 5                      We will file in the docket all                     Model A109E helicopters; BT No. 109K–
                                                      p.m., Monday through Friday, except                     comments that we receive, as well as a                68 for Model A109K2 helicopters; BT
                                                      Federal holidays.                                       report summarizing each substantive                   No. 109S–067 for Model A109S


                                                 VerDate Sep<11>2014   17:36 Mar 21, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\22MRP1.SGM   22MRP1


                                                      15172                   Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Proposed Rules

                                                      helicopters; and BT No. 109SP–094 for                   Aviation Programs,’’ describes in more                § 39.13    [Amended]
                                                      Model AW109SP helicopters. All of the                   detail the scope of the Agency’s                      ■ 2. The FAA amends § 39.13 by adding
                                                      BTs are dated March 25, 2015.                           authority.                                            the following new airworthiness
                                                      AgustaWestland reports that during a                       We are issuing this rulemaking under               directive (AD):
                                                      scheduled servicing of an A109S                         the authority described in ‘‘Subtitle VII,
                                                      helicopter, three cracks were found on                                                                        Agusta S.p.A.: Docket No. FAA–2015–3781;
                                                                                                              Part A, Subpart III, Section 44701:
                                                      drive shaft P/N 109–8412–02–1. The                                                                               Directorate Identifier 2015–SW–048–AD.
                                                                                                              General requirements.’’ Under that
                                                      BTs prescribe a one-time drive shaft                    section, Congress charges the FAA with                (a) Applicability
                                                      inspection for cracks.                                  promoting safe flight of civil aircraft in              This AD applies to Agusta S.p.A. Model
                                                        This service information is reasonably                air commerce by prescribing regulations               A109A, A109A II, A109C, A109E, A109K2,
                                                      available because the interested parties                for practices, methods, and procedures                A109S, and AW109SP helicopters with a tail
                                                      have access to it through their normal                  the Administrator finds necessary for                 rotor drive shaft assembly (drive shaft), part
                                                      course of business or by the means                      safety in air commerce. This regulation               number 109–8412–02–1 or 109–8412–02–3,
                                                      identified in the ADDRESSES section.                    is within the scope of that authority                 installed, certificated in any category.

                                                      Proposed AD Requirements                                because it addresses an unsafe condition              (b) Unsafe Condition
                                                                                                              that is likely to exist or develop on                    This AD defines the unsafe condition as a
                                                         This proposed AD would require,                      products identified in this rulemaking                crack in a drive shaft. This condition could
                                                      within 50 hours time-in-service,                        action.                                               result in failure of a drive shaft, failure of the
                                                      visually inspecting the drive shaft for a                                                                     tail rotor, and subsequent loss of helicopter
                                                      crack and replacing the drive shaft if it               Regulatory Findings                                   control.
                                                      is cracked.                                               We determined that this proposed AD                 (c) Comments Due Date
                                                      Differences Between This Proposed AD                    would not have federalism implications
                                                                                                                                                                      We must receive comments by May 23,
                                                      and the EASA AD                                         under Executive Order 13132. This                     2016.
                                                                                                              proposed AD would not have a
                                                        The EASA AD applies to Agusta                                                                               (d) Compliance
                                                                                                              substantial direct effect on the States, on
                                                      Model A109LUH helicopters. This
                                                                                                              the relationship between the national                   You are responsible for performing each
                                                      proposed AD would not because that                                                                            action required by this AD within the
                                                                                                              Government and the States, or on the
                                                      model does not have an FAA type                                                                               specified compliance time unless it has
                                                                                                              distribution of power and
                                                      certificate.                                                                                                  already been accomplished prior to that time.
                                                                                                              responsibilities among the various
                                                      Interim Action                                          levels of government.                                 (e) Required Actions
                                                        We consider this proposed AD to be                      For the reasons discussed, I certify                   Within 50 hours time-in-service:
                                                      an interim action. The design approval                  this proposed regulation:                                (1) Visually inspect each drive shaft in
                                                      holder has not determined the cause of                    1. Is not a ‘‘significant regulatory                accordance with the Compliance
                                                      the unsafe condition identified in this                 action’’ under Executive Order 12866;                 Instructions, paragraph 4, of AgustaWestland
                                                                                                                                                                    Bollettino Tecnico (BT) No. 109–147, dated
                                                      proposed AD. If a cause is determined                     2. Is not a ‘‘significant rule’’ under the          March 25, 2015; BT No. 109EP–143, dated
                                                      and actions developed to address the                    DOT Regulatory Policies and Procedures                March 25, 2015; BT No. 109K–68, dated
                                                      cause, we might consider additional                     (44 FR 11034, February 26, 1979);                     March 25, 2015; BT No. 109S–067, dated
                                                      rulemaking.                                               3. Will not affect intrastate aviation in           March 25, 2015; or BT No. 109SP–094, dated
                                                                                                              Alaska to the extent that it justifies                March 25, 2015, as applicable for your model
                                                      Costs of Compliance                                                                                           helicopter.
                                                                                                              making a regulatory distinction; and
                                                         We estimate that this proposed AD                                                                             (2) If there is a crack, replace the drive
                                                                                                                4. Will not have a significant                      shaft before further flight.
                                                      would affect 142 helicopters of U.S.
                                                                                                              economic impact, positive or negative,
                                                      Registry and that labor costs average $85                                                                     (f) Alternative Methods of Compliance
                                                                                                              on a substantial number of small entities
                                                      per work-hour. Based on these                                                                                 (AMOCs)
                                                                                                              under the criteria of the Regulatory
                                                      estimates, we expect the following costs:                                                                        (1) The Manager, Safety Management
                                                                                                              Flexibility Act.
                                                         • Inspecting the drive shaft would                                                                         Group, FAA, may approve AMOCs for this
                                                      require 9 work-hours and no parts. The                    We prepared an economic evaluation
                                                                                                                                                                    AD. Send your proposal to: Martin R. Crane,
                                                      estimated cost would be $765 per                        of the estimated costs to comply with                 Aviation Safety Engineer, Safety Management
                                                      helicopter and $108,630 for the U.S.                    this proposed AD and placed it in the                 Group, Rotorcraft Directorate, FAA, 10101
                                                      fleet.                                                  AD docket.                                            Hillwood Pkwy, Fort Worth, TX 76177;
                                                         • Replacing the drive shaft would not                List of Subjects in 14 CFR Part 39                    telephone (817) 222–5110; email 9-ASW-
                                                      require additional labor hours. Parts                                                                         FTW-AMOC-Requests@faa.gov.
                                                      would cost $6,082 per helicopter.                         Air transportation, Aircraft, Aviation                 (2) For operations conducted under a 14
                                                                                                              safety, Incorporation by reference,                   CFR part 119 operating certificate or under
                                                         According to Agusta service
                                                                                                              Safety.                                               14 CFR part 91, subpart K, we suggest that
                                                      information, some of the costs of this                                                                        you notify your principal inspector, or
                                                      proposed AD may be covered under                        The Proposed Amendment                                lacking a principal inspector, the manager of
                                                      warranty, thereby reducing the cost                                                                           the local flight standards district office or
                                                      impact on affected individuals. We do                     Accordingly, under the authority                    certificate holding district office before
                                                      not control warranty coverage by                        delegated to me by the Administrator,                 operating any aircraft complying with this
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Agusta. Accordingly, we have included                   the FAA proposes to amend 14 CFR part                 AD through an AMOC.
                                                      all costs in our cost estimate.                         39 as follows:                                        (g) Additional Information
                                                      Authority for This Rulemaking                           PART 39—AIRWORTHINESS                                    The subject of this AD is addressed in
                                                                                                              DIRECTIVES                                            European Aviation Safety Agency (EASA) AD
                                                        Title 49 of the United States Code                                                                          No. 2015–0054, dated March 27, 2015. You
                                                      specifies the FAA’s authority to issue                                                                        may view the EASA AD on the Internet at
                                                      rules on aviation safety. Subtitle I,                   ■ 1. The authority citation for part 39
                                                                                                                                                                    http://www.regulations.gov by searching for
                                                      section 106, describes the authority of                 continues to read as follows:                         and locating it in Docket No. FAA–2015–
                                                      the FAA Administrator. ‘‘Subtitle VII:                      Authority: 49 U.S.C. 106(g), 40113, 44701.        3781.



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                                                                               Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Proposed Rules                                         15173

                                                      (h) Subject                                               Dated: March 17, 2016.                              do not wish to be made available to the
                                                        Joint Aircraft Service Component (JASC)               Dennis M. Keefe,                                      public, submit the comment as a
                                                      Code: 6510, Tail Rotor Drive Shaft.                     Director, Office of Food Additive Safety,             written/paper submission and in the
                                                        Issued in Fort Worth, Texas, on March 15,             Center for Food Safety and Applied Nutrition.         manner detailed (see ‘‘Written/Paper
                                                      2016.                                                   [FR Doc. 2016–06397 Filed 3–21–16; 8:45 am]           Submissions’’ and ‘‘Instructions’’).
                                                      Scott A. Horn,                                          BILLING CODE 4164–01–P
                                                                                                                                                                    Written/Paper Submissions
                                                      Acting Manager, Rotorcraft Directorate,                                                                          Submit written/paper submissions as
                                                      Aircraft Certification Service.
                                                                                                              DEPARTMENT OF HEALTH AND                              follows:
                                                      [FR Doc. 2016–06373 Filed 3–21–16; 8:45 am]
                                                                                                              HUMAN SERVICES                                           • Mail/Hand delivery/Courier (for
                                                      BILLING CODE 4910–13–P                                                                                        written/paper submissions): Division of
                                                                                                              Food and Drug Administration                          Dockets Management (HFA–305), Food
                                                                                                                                                                    and Drug Administration, 5630 Fishers
                                                      DEPARTMENT OF HEALTH AND                                21 CFR Parts 878, 880, and 895                        Lane, Rm. 1061, Rockville, MD 20852.
                                                      HUMAN SERVICES                                                                                                   • For written/paper comments
                                                                                                              [Docket No. FDA–2015–N–5017]
                                                                                                                                                                    submitted to the Division of Dockets
                                                      Food and Drug Administration                            RIN 0910–AH02                                         Management, FDA will post your
                                                                                                                                                                    comment, as well as any attachments,
                                                      21 CFR Parts 73 and 74                                  Banned Devices; Proposal To Ban                       except for information submitted,
                                                                                                              Powdered Surgeon’s Gloves,                            marked and identified, as confidential,
                                                      [Docket No. FDA–2016–F–0821]
                                                                                                              Powdered Patient Examination Gloves,                  if submitted as detailed in
                                                      Milton W. Chu, M.D.; Filing of Color                    and Absorbable Powder for                             ‘‘Instructions.’’
                                                      Additive Petition                                       Lubricating a Surgeon’s Glove                            Instructions: All submissions received
                                                                                                              AGENCY:    Food and Drug Administration,              must include the Docket No. FDA–
                                                      AGENCY:    Food and Drug Administration,                                                                      2015–N–5017 for ‘‘Banned Devices;
                                                      HHS.                                                    HHS.
                                                                                                                                                                    Proposal to Ban Powdered Surgeon’s
                                                      ACTION:   Notice of petition.                           ACTION:   Proposed rule.                              Gloves, Powdered Patient Examination
                                                                                                              SUMMARY:    The Food and Drug                         Gloves, and Absorbable Powder for
                                                      SUMMARY:   The Food and Drug                                                                                  Lubricating a Surgeon’s Glove.’’
                                                      Administration (FDA or we) is                           Administration (FDA or Agency) has
                                                                                                              determined that Powdered Surgeon’s                    Received comments will be placed in
                                                      announcing that we have filed a                                                                               the docket and, except for those
                                                      petition, submitted by Milton W. Chu,                   Gloves, Powdered Patient Examination
                                                                                                              Gloves, and Absorbable Powder for                     submitted as ‘‘Confidential
                                                      M.D., proposing that the color additive                                                                       Submissions,’’ publicly viewable at
                                                      regulations be amended to provide for                   Lubricating a Surgeon’s Glove present
                                                                                                              an unreasonable and substantial risk of               http://www.regulations.gov or at the
                                                      the safe use of titanium dioxide and                                                                          Division of Dockets Management
                                                      [phthalocyaninato (2-)] copper as                       illness or injury and that the risk cannot
                                                                                                              be corrected or eliminated by labeling or             between 9 a.m. and 4 p.m., Monday
                                                      orientation marks for intraocular lenses.                                                                     through Friday.
                                                                                                              a change in labeling. Consequently, FDA
                                                      DATES: The color additive petition was
                                                                                                              is proposing these devices be banned.                    • Confidential Submissions—To
                                                      filed on February 19, 2016.                                                                                   submit a comment with confidential
                                                                                                              DATES: Submit either electronic or
                                                      FOR FURTHER INFORMATION CONTACT:                                                                              information that you do not wish to be
                                                                                                              written comments by June 20, 2016.
                                                      Laura Dye, Center for Food Safety and                                                                         made publicly available, submit your
                                                                                                              ADDRESSES: You may submit comments
                                                      Applied Nutrition (HFS–265), Food and                                                                         comments only as a written/paper
                                                                                                              as follows:
                                                      Drug Administration, 5100 Paint Branch                                                                        submission. You should submit two
                                                      Pkwy., College Park, MD 20740–3835,                     Electronic Submissions                                copies total. One copy will include the
                                                      240–402–1275.                                             Submit electronic comments in the                   information you claim to be confidential
                                                      SUPPLEMENTARY INFORMATION: Under                        following way:                                        with a heading or cover note that states
                                                      section 721(d)(1) of the Federal Food,                    • Federal eRulemaking Portal: http://               ‘‘THIS DOCUMENT CONTAINS
                                                      Drug, and Cosmetic Act (21 U.S.C.                       www.regulations.gov. Follow the                       CONFIDENTIAL INFORMATION.’’ The
                                                      379e(d)(1)), we are giving notice that we               instructions for submitting comments.                 Agency will review this copy, including
                                                      have filed a color additive petition (CAP               Comments submitted electronically,                    the claimed confidential information, in
                                                      6C0305), submitted by Milton W. Chu,                    including attachments, to http://                     its consideration of comments. The
                                                      M.D., 5800 Santa Rosa Rd., Suite 111,                   www.regulations.gov will be posted to                 second copy, which will have the
                                                      Camarillo, CA 93012. The petition                       the docket unchanged. Because your                    claimed confidential information
                                                      proposes to amend the color additive                    comment will be made public, you are                  redacted/blacked out, will be available
                                                      regulations in § 73.3126 Titanium                       solely responsible for ensuring that your             for public viewing and posted on
                                                      dioxide (21 CFR 73.3126) and § 74.3045                  comment does not include any                          http://www.regulations.gov. Submit
                                                      [Phthalocyaninato (2-)] copper (21 CFR                  confidential information that you or a                both copies to the Division of Dockets
                                                      74.3045) to provide for the safe use of                 third party may not wish to be posted,                Management. If you do not wish your
                                                      titanium dioxide and [phthalocyaninato                  such as medical information, your or                  name and contact information to be
                                                      (2-)] copper as orientation marks for                   anyone else’s Social Security number, or              made publicly available, you can
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      intraocular lenses.                                     confidential business information, such               provide this information on the cover
                                                         We have determined under 21 CFR                      as a manufacturing process. Please note               sheet and not in the body of your
                                                      25.32(l) that this action is of a type that             that if you include your name, contact                comments and you must identify this
                                                      does not individually or cumulatively                   information, or other information that                information as ‘‘confidential.’’ Any
                                                      have a significant effect on the human                  identifies you in the body of your                    information marked as ‘‘confidential’’
                                                      environment. Therefore, neither an                      comments, that information will be                    will not be disclosed except in
                                                      environmental assessment nor an                         posted on http://www.regulations.gov.                 accordance with 21 CFR 10.20 and other
                                                      environmental impact statement is                         • If you want to submit a comment                   applicable disclosure law. For more
                                                      required.                                               with confidential information that you                information about FDA’s posting of


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Document Created: 2018-02-02 15:15:43
Document Modified: 2018-02-02 15:15:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM).
DatesWe must receive comments on this proposed AD by May 23, 2016.
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 Citation81 FR 15171 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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