81_FR_63553 81 FR 63374 - Airworthiness Directives; Agusta S.p.A. Helicopters

81 FR 63374 - Airworthiness Directives; Agusta S.p.A. Helicopters

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 179 (September 15, 2016)

Page Range63374-63376
FR Document2016-21707

We are adopting a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model A109A, A109A II, A109C, A109E, A109K2, A109S, and AW109SP helicopters. This AD requires visually inspecting the tail rotor drive shaft assembly (drive shaft) for a crack. This AD was prompted by the discovery of three cracks on the drive shaft of a Model A109S helicopter. The actions of this AD 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 179 (Thursday, September 15, 2016) 
[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Rules and Regulations]
[Pages 63374-63376]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21707]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3781; Directorate Identifier 2015-SW-048-AD; 
Amendment 39-18649; AD 2016-18-18]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta 
S.p.A. (Agusta) Model A109A, A109A II, A109C, A109E, A109K2, A109S, and 
AW109SP helicopters. This AD requires visually inspecting the tail 
rotor drive shaft assembly (drive shaft) for a crack. This AD was 
prompted by the discovery of three cracks on the drive shaft of a Model 
A109S helicopter. The actions of this AD 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: This AD is effective October 20, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain documents listed in this AD as of October 20, 
2016.

ADDRESSES: For service information identified in this final 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. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3781.

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 AD, the European Aviation Safety Agency (EASA) AD, any 
incorporated-by-reference service information, the economic evaluation, 
any comments received, and other information. The street address for 
the Docket Operations Office (phone: 800-647-5527) is U.S. Department 
of Transportation, Docket Operations Office, M-30, West Building Ground 
Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

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: 

Discussion

    On March 22, 2016, at 81 FR 15171, the Federal Register published 
our notice of proposed rulemaking (NPRM), which proposed to amend 14 
CFR part 39 by adding an AD that would apply to Agusta S.p.A. Model 
A109A, A109A II, A109C, A109E, A109K2, A109S, and AW109SP helicopters 
with a drive shaft part number (P/N) 109-8412-02-1 or 109-8412-02-3 
installed. The NPRM proposed to require visually inspecting the drive 
shaft for a crack. The proposed requirements were 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.
    The NPRM was prompted by AD No. 2015-0054, dated March 27, 2015, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union, to correct an unsafe condition for the Model A109A 
with retrofit kit P/N 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD, but we received no comments on the NPRM (81 FR 15171, March 
22, 2016).

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 and that air 
safety and the public interest require adopting the AD requirements as 
proposed.

Interim Action

    We consider this AD to be an interim action. The design approval 
holder has not determined the cause of the unsafe

[[Page 63375]]

condition identified in this AD. If a cause is determined and actions 
developed to address the cause, we might consider additional 
rulemaking.

Differences Between This AD and the EASA AD

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

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 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.

Costs of Compliance

    We estimate that this AD affects 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 requires 9 work-hours and no 
parts. The estimated cost is $765 per helicopter and $108,630 for the 
U.S. fleet.
     Replacing the drive shaft requires no additional labor 
hours. Parts cost $6,082 per helicopter.
    According to Agusta 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.

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 helicopters identified in this 
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that 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):

2016-18-18 Agusta S.p.A.: Amendment 39-18649; 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) Effective Date

    This AD becomes October 20, 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.

(h) Subject

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

[[Page 63376]]

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) AgustaWestland Bollettino Tecnico No. 109-147, dated March 
25, 2015.
    (ii) AgustaWestland Bollettino Tecnico No. 109EP-143, dated 
March 25, 2015.
    (iii) AgustaWestland Bollettino Tecnico No. 109K-68, dated March 
25, 2015.
    (iv) AgustaWestland Bollettino Tecnico No. 109S-067, dated March 
25, 2015.
    (v) AgustaWestland Bollettino TecnicoNo. 109SP-094, dated March 
25, 2015.
    (3) For Agusta S.p.A. service information identified in this 
final 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.
    (4) You may view this service information at FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on September 1, 2016.
Lance T. Gant,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-21707 Filed 9-14-16; 8:45 am]
 BILLING CODE 4910-13-P

63374 Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Rules and Regulations (2) You must use this service information AW109SP helicopters. This AD requires notice of proposed rulemaking (NPRM), as applicable to do the actions required by visually inspecting the tail rotor drive which proposed to amend 14 CFR part this AD, unless this AD specifies otherwise. shaft assembly (drive shaft) for a crack. 39 by adding an AD that would apply (i) Airbus Service Bulletin A300–57–0142, This AD was prompted by the discovery to Agusta S.p.A. Model A109A, A109A Revision 04, dated March 30, 2011. (ii) Airbus Service Bulletin A300–57–143, of three cracks on the drive shaft of a II, A109C, A109E, A109K2, A109S, and Revision 2, dated July 10, 1989. Pages 1, 3, Model A109S helicopter. The actions of AW109SP helicopters with a drive shaft 4, 7, 10, 13, and 14 of this document are this AD are intended to detect a crack part number (P/N) 109–8412–02–1 or identified as Revision 2, dated July 10, 1989; on the drive shaft to prevent failure of 109–8412–02–3 installed. The NPRM pages 2 and 8 are identified as original, dated the driveshaft, failure of the tail rotor, proposed to require visually inspecting December 12, 1986; and pages 5, 6, 9, 11, 12, and subsequent loss of helicopter the drive shaft for a crack. The proposed and 15 are identified as Revision March 19, control. requirements were intended to detect a 1987. crack on the drive shaft to prevent (iii) Airbus Service Bulletin A300–57– DATES: This AD is effective October 20, 6010, Revision 05, dated February 21, 2011. 2016. failure of the driveshaft, failure of the (iv) Airbus Service Bulletin A300–57– The Director of the Federal Register tail rotor, and subsequent loss of 6011, Revision 2, dated July 10, 1989. Pages approved the incorporation by reference helicopter control. 1, 2, 5, 7, 8, 11, and 12 of this document are of certain documents listed in this AD The NPRM was prompted by AD No. identified as Revision 2, dated July 10, 1989; as of October 20, 2016. 2015–0054, dated March 27, 2015, pages 3, 4, and 13 are identified as Revision issued by EASA, which is the Technical 1, dated March 19, 1987; and pages 6, 9, 10 ADDRESSES: For service information Agent for the Member States of the are identified as original, dated December 17, identified in this final rule, contact European Union, to correct an unsafe 1986. AgustaWestland, Product Support condition for the Model A109A with (3) For service information identified in Engineering, Via del Gregge, 100, 21015 this AD, contact Airbus SAS, Airworthiness retrofit kit P/N 109–0820–27–101 Lonate Pozzolo (VA) Italy, ATTN: Office—EAW, 1 Rond Point Maurice installed, and Model A109A II, A109C, Maurizio D’Angelo; telephone 39–0331– Bellonte, 31707 Blagnac Cedex, France; A109E, A109K2, A109LUH, A109S, and 664757; fax 39–0331–664680; or at telephone +33 5 61 93 36 96; fax +33 5 61 AW109SP helicopters. 93 44 51; email account.airworth-eas@ http://www.agustawestland.com/ EASA advises that during scheduled airbus.com; Internet http://www.airbus.com. technical-bulletins. You may review the maintenance on a Model A109S (4) You may view this service information referenced service information at the helicopter, three cracks were found on at the FAA, Transport Airplane Directorate, FAA, Office of the Regional Counsel, the drive shaft. An investigation could 1601 Lind Avenue SW., Renton, WA. For Southwest Region, 10101 Hillwood not determine the cause of the cracking information on the availability of this Pkwy, Room 6N–321, Fort Worth, TX material at the FAA, call 425–227–1221. but concluded it could not have been 76177. It is also available on the Internet caused by fatigue. This condition, if not (5) You may view this service information at http://www.regulations.gov by that is incorporated by reference at the detected and corrected, could lead to searching for and locating Docket No. tail rotor failure, possibly resulting in National Archives and Records Administration (NARA). For information on FAA–2015–3781. loss of helicopter control, EASA the availability of this material at NARA, call Examining the AD Docket advises. EASA AD No. 2015–0054 202–741–6030, or go to: http:// consequently requires a one-time www.archives.gov/federal-register/cfr/ibr- You may examine the AD docket on the Internet at http:// inspection of the drive shaft, and locations.html. www.regulations.gov by searching for replacing the drive shaft if cracks are Issued in Renton, Washington, on August found. 24, 2016. and locating Docket No. FAA–2015– John P. Piccola, Jr., 3781; or in person at the Docket Comments Operations Office between 9 a.m. and 5 We gave the public the opportunity to Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. p.m., Monday through Friday, except participate in developing this AD, but Federal holidays. The AD docket we received no comments on the NPRM [FR Doc. 2016–21146 Filed 9–14–16; 8:45 am] contains this AD, the European Aviation (81 FR 15171, March 22, 2016). BILLING CODE 4910–13–P Safety Agency (EASA) AD, any incorporated-by-reference service FAA’s Determination information, the economic evaluation, These helicopters have been approved DEPARTMENT OF TRANSPORTATION any comments received, and other by the aviation authority of Italy and are Federal Aviation Administration information. The street address for the approved for operation in the United Docket Operations Office (phone: 800– States. Pursuant to our bilateral 14 CFR Part 39 647–5527) is U.S. Department of agreement with Italy, EASA, its Transportation, Docket Operations technical representative, has notified us [Docket No. FAA–2015–3781; Directorate Office, M–30, West Building Ground Identifier 2015–SW–048–AD; Amendment of the unsafe condition described in the Floor, Room W12–140, 1200 New Jersey EASA AD. We are issuing this AD 39–18649; AD 2016–18–18] Avenue SE., Washington, DC 20590. because we evaluated all information RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT: provided by EASA and determined the Martin R. Crane, Aviation Safety unsafe condition exists and is likely to Airworthiness Directives; Agusta Engineer, Safety Management Group, exist or develop on other helicopters of S.p.A. Helicopters Rotorcraft Directorate, FAA, 10101 these same type designs and that air AGENCY: Federal Aviation Hillwood Pkwy, Fort Worth, TX 76177; safety and the public interest require rmajette on DSK2TPTVN1PROD with RULES Administration (FAA), DOT. telephone (817) 222–5110; email adopting the AD requirements as ACTION: Final rule. martin.r.crane@faa.gov. proposed. SUPPLEMENTARY INFORMATION: SUMMARY: We are adopting a new Interim Action airworthiness directive (AD) for Agusta Discussion We consider this AD to be an interim S.p.A. (Agusta) Model A109A, A109A II, On March 22, 2016, at 81 FR 15171, action. The design approval holder has A109C, A109E, A109K2, A109S, and the Federal Register published our not determined the cause of the unsafe VerDate Sep<11>2014 14:38 Sep 14, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\15SER1.SGM 15SER1

Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Rules and Regulations 63375 condition identified in this AD. If a We are issuing this rulemaking under 2016–18–18 Agusta S.p.A.: Amendment 39– cause is determined and actions the authority described in Subtitle VII, 18649; Docket No. FAA–2015–3781; developed to address the cause, we Part A, Subpart III, Section 44701: Directorate Identifier 2015–SW–048–AD. might consider additional rulemaking. ‘‘General requirements.’’ Under that (a) Applicability section, Congress charges the FAA with This AD applies to Agusta S.p.A. Model Differences Between This AD and the promoting safe flight of civil aircraft in A109A, A109A II, A109C, A109E, A109K2, EASA AD air commerce by prescribing regulations A109S, and AW109SP helicopters with a tail The EASA AD applies to Agusta for practices, methods, and procedures rotor drive shaft assembly (drive shaft) part Model A109LUH helicopters. This AD the Administrator finds necessary for number 109–8412–02–1 or 109–8412–02–3 does not because this model does not safety in air commerce. This regulation installed, certificated in any category. have an FAA type certificate. is within the scope of that authority (b) Unsafe Condition Related Service Information Under 1 because it addresses an unsafe condition that is likely to exist or develop on This AD defines the unsafe condition as a CFR Part 51 crack in a drive shaft. This condition could helicopters identified in this rulemaking We reviewed AgustaWestland result in failure of a drive shaft, failure of the action. Bollettino Tecnico (BT) No. 109–147 for tail rotor, and subsequent loss of helicopter Model A109A helicopters with retrofit Regulatory Findings control. kit P/N 109–0820–27–101 installed, This AD will not have federalism (c) Effective Date Model A109A II, and Model A109C implications under Executive Order This AD becomes October 20, 2016. helicopters; BT No. 109EP–143 for 13132. This AD will not have a Model A109E helicopters; BT No. 109K– (d) Compliance substantial direct effect on the States, on 68 for Model A109K2 helicopters; BT the relationship between the national You are responsible for performing each No. 109S–067 for Model A109S government and the States, or on the action required by this AD within the helicopters; and BT No. 109SP–094 for distribution of power and specified compliance time unless it has Model AW109SP helicopters. All of the already been accomplished prior to that time. responsibilities among the various BTs are dated March 25, 2015. levels of government. (e) Required Actions AgustaWestland reports that during a For the reasons discussed above, I Within 50 hours time-in-service: scheduled servicing of an A109S (1) Visually inspect each drive shaft in certify that this AD: helicopter, three cracks were found on accordance with the Compliance drive shaft, P/N 109–8412–02–1. The (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; Instructions, paragraph 4, of AgustaWestland BTs prescribe a one-time drive shaft Bollettino Tecnico (BT) No. 109–147, dated inspection for cracks. (2) Is not a ‘‘significant rule’’ under March 25, 2015; BT No. 109EP–143, dated This service information is reasonably DOT Regulatory Policies and Procedures March 25, 2015; BT No. 109K–68, dated available because the interested parties (44 FR 11034, February 26, 1979); March 25, 2015; BT No. 109S–067, dated have access to it through their normal (3) Will not affect intrastate aviation March 25, 2015; or BT No. 109SP–094, dated course of business or by the means in Alaska to the extent that it justifies March 25, 2015, as applicable for your model identified in the ADDRESSES section. making a regulatory distinction; and helicopter. (2) If there is a crack, replace the drive Costs of Compliance (4) Will not have a significant shaft before further flight. economic impact, positive or negative, We estimate that this AD affects 142 on a substantial number of small entities (f) Alternative Methods of Compliance helicopters of U.S. Registry and that under the criteria of the Regulatory (AMOCs) labor costs average $85 per work-hour. Flexibility Act. (1) The Manager, Safety Management Based on these estimates, we expect the We prepared an economic evaluation Group, FAA, may approve AMOCs for this following costs: of the estimated costs to comply with AD. Send your proposal to: Martin R. Crane, • Inspecting the drive shaft requires 9 Aviation Safety Engineer, Safety Management this AD and placed it in the AD docket. work-hours and no parts. The estimated Group, Rotorcraft Directorate, FAA, 10101 cost is $765 per helicopter and $108,630 List of Subjects in 14 CFR Part 39 Hillwood Pkwy, Fort Worth, TX 76177; for the U.S. fleet. telephone (817) 222–5110; email 9-ASW- • Replacing the drive shaft requires Air transportation, Aircraft, Aviation FTW-AMOC-Requests@faa.gov. no additional labor hours. Parts cost safety, Incorporation by reference, (2) For operations conducted under a 14 $6,082 per helicopter. Safety. CFR part 119 operating certificate or under According to Agusta service 14 CFR part 91, subpart K, we suggest that Adoption of the Amendment you notify your principal inspector, or information, some of the costs of this Accordingly, under the authority lacking a principal inspector, the manager of AD may be covered under warranty, the local flight standards district office or thereby reducing the cost impact on delegated to me by the Administrator, the FAA amends 14 CFR part 39 as certificate holding district office, before affected individuals. We do not control operating any aircraft complying with this warranty coverage by Agusta. follows: AD through an AMOC. Accordingly, we have included all costs PART 39—AIRWORTHINESS (g) Additional Information in our cost estimate. DIRECTIVES The subject of this AD is addressed in Authority for This Rulemaking European Aviation Safety Agency (EASA) AD Title 49 of the United States Code ■ 1. The authority citation for part 39 No. 2015–0054, dated March 27, 2015. You specifies the FAA’s authority to issue continues to read as follows: may view the EASA AD on the Internet at rmajette on DSK2TPTVN1PROD with RULES rules on aviation safety. Subtitle I, Authority: 49 U.S.C. 106(g), 40113, 44701. http://www.regulations.gov by searching for and locating it in Docket No. FAA–2015– section 106, describes the authority of 3781. § 39.13 [Amended] the FAA Administrator. Subtitle VII: Aviation Programs, describes in more ■ 2. The FAA amends § 39.13 by adding (h) Subject detail the scope of the Agency’s the following new airworthiness Joint Aircraft Service Component (JASC) authority. directive (AD): Code: 6510, Tail Rotor Drive Shaft. VerDate Sep<11>2014 14:38 Sep 14, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\15SER1.SGM 15SER1

63376 Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Rules and Regulations (i) Material Incorporated by Reference (‘‘JFSA’’) that the Commission Commission’s margin requirements for (1) The Director of the Federal Register determine that laws and regulations uncleared swaps applicable to CSEs approved the incorporation by reference of applicable in Japan provide a sufficient (hereinafter, the ‘‘Cross-Border Margin the service information listed in this basis for an affirmative finding of Rule’’).4 The Cross-Border Margin Rule paragraph under 5 U.S.C. 552(a) and 1 CFR comparability with respect to margin sets out the circumstances under which part 51. requirements for uncleared swaps a CSE is allowed to satisfy the (2) You must use this service information applicable to certain swap dealers requirements under the Margin Rule by as applicable to do the actions required by this AD, unless the AD specifies otherwise. (‘‘SDs’’) and major swap participants complying with comparable foreign (i) AgustaWestland Bollettino Tecnico No. (‘‘MSPs’’) registered with the margin requirements (‘‘substituted 109–147, dated March 25, 2015. Commission. As discussed in detail compliance’’); offers certain CSEs a (ii) AgustaWestland Bollettino Tecnico No. herein, with one exception, the limited exclusion from the 109EP–143, dated March 25, 2015. Commission has found the margin Commission’s margin requirements; and (iii) AgustaWestland Bollettino Tecnico requirements for uncleared swaps under outlined a framework for assessing No. 109K–68, dated March 25, 2015. the laws and regulations of Japan whether a foreign jurisdiction’s margin (iv) AgustaWestland Bollettino Tecnico No. comparable to those under the requirements are comparable to the 109S–067, dated March 25, 2015. (v) AgustaWestland Bollettino TecnicoNo. Commodity Exchange Act (‘‘CEA’’) and Final Margin Rule (‘‘comparability 109SP–094, dated March 25, 2015. Commission regulations. determinations’’). The Commission (3) For Agusta S.p.A. service information DATES: This determination is effective promulgated the Cross-Border Margin identified in this final rule, contact September 15, 2016. Rule after close consultation with the AgustaWestland, Product Support FOR FURTHER INFORMATION CONTACT: Prudential Regulators and in light of Engineering, Via del Gregge, 100, 21015 comments from and discussions with Eileen T. Flaherty, Director, 202–418– Lonate Pozzolo (VA) Italy, ATTN: Maurizio market participants and foreign D’Angelo; telephone 39–0331–664757; fax 5326, eflaherty@cftc.gov, or Frank N. 39–0331–664680; or at http:// Fisanich, Chief Counsel, 202–418–5949, regulators.5 www.agustawestland.com/technical- ffisanich@cftc.gov, Division of Swap On June 17, 2016, the JFSA (the bulletins. Dealer and Intermediary Oversight, ‘‘applicant’’) submitted a request that (4) You may view this service information Commodity Futures Trading the Commission determine that laws at FAA, Office of the Regional Counsel, Commission, Three Lafayette Centre, and regulations applicable in Japan Southwest Region, 10101 Hillwood Pkwy, 1155 21st Street NW., Washington, DC provide a sufficient basis for an Room 6N–321, Fort Worth, TX 76177. For affirmative finding of comparability 20581. information on the availability of this with respect to the Final Margin Rule. material at the FAA, call (817) 222–5110. SUPPLEMENTARY INFORMATION: (5) You may view this service information The applicant provided Commission I. Introduction staff with an updated submission on that is incorporated by reference at the National Archives and Records Pursuant to section 4s(e) of the CEA,1 July 26, 2016. On August 18, 2016, the Administration (NARA). For information on the Commission is required to application was further supplemented the availability of this material at NARA, call promulgate margin requirements for with corrections and additional (202) 741–6030, or go to: http:// uncleared swaps applicable to each SD materials. The Commission’s analysis www.archives.gov/federal-register/cfr/ibr- and MSP for which there is no and comparability determination for locations.html. Japan regarding the Final Margin Rule is Prudential Regulator (collectively, Issued in Fort Worth, Texas, on September ‘‘Covered Swap Entities’’ or ‘‘CSEs’’).2 detailed below. 1, 2016. The Commission published final margin 4 See Margin Requirements for Uncleared Swaps Lance T. Gant, requirements for such CSEs in January for Swap Dealers and Major Swap Participants— Manager, Rotorcraft Directorate, Aircraft 2016 (the ‘‘Final Margin Rule’’).3 Cross-Border Application of the Margin Certification Service. Subsequently, on May 31, 2016, the Requirements, 81 FR 34818 (May 31, 2016). The [FR Doc. 2016–21707 Filed 9–14–16; 8:45 am] Commission published in the Federal Cross-Border Margin Rule, which became effective BILLING CODE 4910–13–P Register its final rule with respect to the August 1, 2016, is codified in part 23 of the Commission’s regulations. See 17 CFR 23.160. cross-border application of the 5 In 2014, in conjunction with re-proposing its margin requirements, the Commission requested 17 U.S.C. 1 et. seq. COMMODITY FUTURES TRADING 2 See comment on three alternative approaches to the 7 U.S.C. 6s(e)(1)(B). SDs and MSPs for cross-border application of its margin requirements: COMMISSION which there is a Prudential Regulator must meet the (i) A transaction-level approach consistent with the margin requirements for uncleared swaps Commission’s guidance on the cross-border 17 CFR Chapter I established by the applicable Prudential Regulator. application of the CEA’s swap provisions, see 7 U.S.C. 6s(e)(1)(A). See also 7 U.S.C. 1a(39) Interpretive Guidance and Policy Statement Comparability Determination for (defining the term ‘‘Prudential Regulator’’ to Regarding Compliance with Certain Swap Japan: Margin Requirements for include the Board of Governors of the Federal Regulations, 78 FR 45292 (July 26, 2013) (the Reserve System; the Office of the Comptroller of the ‘‘Guidance’’); (ii) an approach consistent with the Uncleared Swaps for Swap Dealers Currency; the Federal Deposit Insurance Prudential Regulators’ proposed cross-border and Major Swap Participants Corporation; the Farm Credit Administration; and framework for margin, see Margin and Capital the Federal Housing Finance Agency). The Requirements for Covered Swap Entities, 79 FR AGENCY: Commodity Futures Trading Prudential Regulators published final margin 57348 (Sept. 24, 2014); and (iii) an entity-level Commission. requirements in November 2015. See Margin and approach that would apply margin rules on a firm- ACTION: Notice of comparability Capital Requirements for Covered Swap Entities, 80 wide basis (without any exclusion for swaps with FR 74840 (Nov. 30, 2015) (‘‘Prudential Regulators’ non-U.S. counterparties). See Margin Requirements determination for margin requirements Final Margin Rule’’). for Uncleared Swaps for Swap Dealers and Major for uncleared swaps under the laws of 3 See Margin Requirements for Uncleared Swaps Swap Participants, 79 FR 59898 (Oct. 3, 2014). rmajette on DSK2TPTVN1PROD with RULES Japan. for Swap Dealers and Major Swap Participants, 81 Following a review of comments received in FR 636 (Jan. 6, 2016). The Margin Rule, which response to this release, the Commission’s Global SUMMARY: The following is the analysis became effective April 1, 2016, is codified in part Markets Advisory Committee (‘‘GMAC’’) hosted a and determination of the Commodity 23 of the Commission’s regulations. See 17 CFR public panel discussion on the cross-border 23.150 through 23.159, and 23.161. The application of margin requirements. See GMAC Futures Trading Commission Commission’s regulations are found in chapter I of Meeting (May 14, 2015), transcript and webcast (‘‘Commission’’) regarding a request by Title 17 of the Code of Federal Regulations, 17 CFR available at http://www.cftc.gov/PressRoom/Events/ the Japan Financial Services Agency 1 et. seq. opaevent_gmac051415. VerDate Sep<11>2014 14:38 Sep 14, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\15SER1.SGM 15SER1


Document Created: 2018-02-09 13:18:22
Document Modified: 2018-02-09 13:18:22
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.
DatesThis AD is effective October 20, 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 63374 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety
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