Federal Register / Vol. 77, No. 92 / Friday, May 11, 2012 / Proposed Rules 27659 

entities, the Federal Crop Insurance Act 

authorizes FCIC to waive collection of 

administrative fees from limited 

resource farmers. FCIC believes this 

waiver helps to ensure that small 

entities are given the same opportunities 

as large entities to manage their risks 

through the use of crop insurance. A 

Regulatory Flexibility Analysis has not 

been prepared since this regulation does 

not have an impact on small entities, 

and, therefore, this regulation is exempt 

from the provisions of the Regulatory 

Flexibility Act (5 U.S.C. 605). 

Federal Assistance Program 

This program is listed in the Catalog 

of Federal Domestic Assistance under 

No. 10.450. 

Executive Order 12372 

This program is not subject to the 

provisions of Executive Order 12372, 

which require intergovernmental 

consultation with State and local 

officials. See the Notice related to 7 CFR 

part 3015, subpart V, published at 48 FR 

29115, June 24, 1983. 

Executive Order 12988 

This proposed rule has been reviewed 

in accordance with Executive Order 

12988 on civil justice reform. The 

provisions of this rule will not have a 

retroactive effect. The provisions of this 

rule will preempt State and local laws 

to the extent such State and local laws 

are inconsistent herewith. With respect 

to any direct action taken by FCIC or to 

require the insurance provider to take 

specific action under the terms of the 

crop insurance policy, the 

administrative appeal provisions 

published at 7 CFR part 11 or 7 CFR part 

400, subpart J for the informal 

administrative review process of good 

farming practices as applicable, must be 

exhausted before any action against 

FCIC may be brought. 

Executive Order 12988 

This final rule has been reviewed in 

accordance with Executive Order 12988 

on civil justice reform. The provisions 

of this rule will not have a retroactive 

effect. The provisions of this rule will 

preempt State and local laws to the 

extent such State and local laws are 

inconsistent herewith. With respect to 

any direct action taken by FCIC or 

action by FCIC directing the insurance 

provider to take specific action under 

the terms of the crop insurance policy, 

the administrative appeal provisions 

published at 7 CFR part 11, or 7 CFR 

part 400, subpart J for determinations of 

good farming practices, as applicable, 

must be exhausted before any action 

against FCIC for judicial review may be 

brought. 

Environmental Evaluation 

This action is not expected to have a 

significant economic impact on the 

quality of the human environment, 

health, or safety. Therefore, neither an 

Environmental Assessment nor an 

Environmental Impact Statement is 

needed. 

Background 

FCIC proposes to amend the Common 

Crop Insurance Regulations (7 CFR part 

457) by revising § 457.154, Processing 

Sweet Corn Crop Insurance Provisions, 

to be effective for the 2013 and 

succeeding crop years. Several requests 

have been made for changes to improve 

the insurance coverage offered and to 

better meet the needs of insured 

producers. Because of limited 

availability of price data from third 

party sources (e.g., Agricultural 

Marketing Service) for sweet corn grown 

under contract with a processor, the 

insurance guarantee provided by the 

sweet corn program is currently based 

on estimated price elections that may 

vary significantly from actual prices 

offered by processors. In evaluating the 

use of processor contracts for crops that 

require a contract as a condition of 

insurability, it was found that the base 

contract price more accurately reflects 

the value of processing sweet corn. As 

such, FCIC is proposing to amend the 

Processing Sweet Corn Crop Insurance 

Provisions to utilize the base contract 

price as the price election, for the 

purpose of establishing a more accurate 

insurance guarantee that reflects the 

expected market price for processing 

sweet corn. 

The proposed changes are as follows: 

1. Section 1—FCIC proposes to add 

the definition of ‘‘Price election’’ 

utilizing the base contract price as the 

price election, for the purpose of 

establishing a more accurate insurance 

guarantee that reflects the expected 

market price for processing sweet corn. 

Accordingly, as set forth in the 

preamble, the Federal Crop Insurance 

Corporation proposes to amend 7 CFR 

part 457 effective for the 2013 and 

succeeding crop years as follows: 

PART 457—COMMON CROP 

INSURANCE REGULATIONS 

1. The authority citation for 7 CFR 

part 457 continues to read as follows: 

Authority: 7 U.S.C. 1506(l), 1506(o). 

2. Amend § 457.154 by: 

a. Removing ‘‘1998’’ from the 

introductory text and adding ‘‘2013’’ in 

its place; 

b. Adding the definition of ‘‘price 

election’’ in section 1.’’ 

The added text reads as follows: 

§ 457.154 Processing Sweet Corn crop 

insurance provisions. 

* * * * * 

1. Definitions. 

* * * * * 

Price election. In lieu of the definition 

of price election in the Basic Provisions, 

the price election will be the base 

contract price stated in your processor 

contract. 

* * * * * 

Signed in Washington, DC, on May 3, 2012. 

William J. Murphy, 

Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. 2012–11373 Filed 5–10–12; 8:45 am] 

BILLING CODE 3410–08–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0503; Directorate 

Identifier 2011–SW–032–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

Deutschland GmbH Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Eurocopter Deutschland GmbH (ECD) 

Model BO–105A, BO–105C, and BO– 

105S helicopters. This proposed AD is 

prompted by initial findings from an 

accident investigation of an ECD Model 

BO 105 helicopter which indicated 

deterioration of the main gearbox (MGB) 

caused by a contaminated oil supply. 

The proposed actions are intended to 

detect oil contamination in the MGB, 

which if not detected, could result in 

MGB deterioration, MGB failure, and 

subsequent loss of control of the 

helicopter. 

DATES: We must receive comments on 

this proposed AD by July 10, 2012. 

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 

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27660 Federal Register / Vol. 77, No. 92 / Friday, May 11, 2012 / Proposed Rules 

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 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 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 AD, contact American 

Eurocopter Corporation, 2701 N. Forum 

Drive, Grand Prairie, TX 75052, 

telephone (972) 641–0000 or (800) 232– 

0323, fax (972) 641–3775, or at http:// 

www.eurocopter.com/techpub. You may 

review copies of the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

FOR FURTHER INFORMATION CONTACT: Rao 

Edupuganti, Aerospace Engineer, FAA, 

Rotorcraft Directorate, Regulations and 

Policy Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137, telephone 

(817) 222–5110, email 

rao.edupuganti@faa.gov. 

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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued AD No.: 2011–0091, 

dated May 18, 2011 (AD 2011–0091), 

which supersedes EASA AD No.: 2010– 

0223, dated October 26, 2010 (AD 2010– 

0223), to correct an unsafe condition for 

all ECD BO105 A, BO105 C, BO105 D, 

and BO105 S helicopters. EASA advises 

that in 2010, an accident occurred with 

a BO105 helicopter and the initial 

findings indicated that ‘‘the event was 

linked with’’ a deterioration of the MGB 

due to a contaminated oil supply. EASA 

states this condition, if not detected, 

could lead to MGB failure and 

consequent loss of control of the 

helicopter. 

FAA’s Determination 

These helicopters have been approved 

by the aviation authority of Germany 

and are approved for operation in the 

United States. Pursuant to our bilateral 

agreement with Germany, EASA, its 

technical representative, has notified us 

of the unsafe condition described in the 

EASA 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 helicopters of 

the same type design. 

Related Service Information 

ECD issued Alert Service Bulletin 

(ASB) BO105–10–125, dated September 

2, 2010 (BO105–10–125), which 

specifies a one-time inspection of the 

MGB magnetic plug/chip detector 

(magnetic plug) and oil filter, and 

revised criteria for the corrective action 

to be taken as a result of the inspection. 

EASA issued AD 2010–0223, mandating 

the requirements of BO105–10–125 and 

applying the revised criteria to future 

MGB magnetic plug inspections. 

Since that AD was issued, it was 

determined that repetitive inspections 

of the magnetic plug and oil filter are 

necessary. ECD revised the ASB and 

issued ASB BO105–10–125, Revision 1, 

dated April 4, 2001 (BO105–10–125R1), 

which retains the requirements of 

BO105–10–125 and requires an 

inspection of the magnetic plug every 10 

flight hours and an inspection of the oil 

filter every 100 flight hours. EASA 

classified this ASB as mandatory and 

issued AD 2011–0091, which 

supersedes AD 2010–0223. 

Proposed AD Requirements 

This proposed AD would require 

inspecting the MGB oil filter and MGB 

magnetic plug. If the MGB oil filter or 

MGB magnetic plug contains metallic 

fuzz, depending on the amount of 

metallic fuzz, this proposed AD would 

require cleaning the magnetic plug, 

flushing the main transmission, 

changing the oil, and performing a 

ground run. If the MGB oil filter or MGB 

magnetic plug contains a chip, this 

proposed AD would require replacing 

the main transmission with an 

airworthy main transmission, and 

cleaning the oil cooler and oil lines. 

This proposed AD would also require 

repeating the MGB magnetic plug 

inspection every 10 hours time-inservice (TIS), and repeating the MGB oil 

filter inspection every 100 hours TIS. 

Differences Between This AD and the 

EASA AD 

The EASA AD applies to Model 

BO105 D helicopters; the proposed AD 

does not as this model is not type 

certificated in the U.S. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 97 helicopters of U.S. 

Registry. We estimate that operators 

may incur the following costs in order 

to comply with this AD. Inspecting and 

cleaning the magnetic plug and oil filter 

would require approximately 2 workhours at an average labor rate of $85 per 

hour, for a total cost per inspection 

cycle of $170 per helicopter and a total 

cost to the U.S. operator fleet of $16,490. 

Flushing the main transmission, 

performing a ground run, and reinspecting the MGB oil filter and 

magnetic plug would require 

approximately 4 work-hours at an 

average labor rate of $85 per hour, for 

a cost per helicopter of $340. Replacing 

the main transmission would require 

approximately 40 work-hours at an 

average labor rate of $85 per hour, and 

required parts would cost $225,000, for 

a total cost per helicopter of $228,400. 

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: 

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Federal Register / Vol. 77, No. 92 / Friday, May 11, 2012 / Proposed Rules 27661 

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 

1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new Airworthiness 

Directive (AD): 

Eurocopter Deutschland GMBH: Docket No. 

FAA–2012–0503; Directorate Identifier 

2011–SW–032–AD. 

(a) Applicability 

This AD applies to Model BO–105A, BO– 

105C, and BO–105S helicopters, certificated 

in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

deterioration of the main gearbox (MGB) 

caused by oil contamination. This condition 

could result in MGB failure and subsequent 

loss of control of the helicopter. 

(c) 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. 

(d) Required Actions 

(1) Within 100 hours time-in-service (TIS) 

or 3 months, or at the next scheduled MGB 

magnetic plug/chip detector (magnetic plug) 

inspection, whichever occurs first, and 

thereafter at intervals not to exceed 100 hours 

TIS, inspect the MGB oil filter for chips and 

the MGB magnetic plug for fine particles 

(magnetic fuzz) or chips. A ‘‘chip’’ is a solid 

piece of metal but not metallic fuzz. 

(i) If there are no chips on the MGB oil 

filter or on the magnetic plug, and the 

metallic fuzz covers less than 25% of the 

magnetic plug, clean the magnetic plug. 

(ii) If there are no chips on the MGB oil 

filter or on the magnetic plug, but the 

metallic fuzz covers 25% or more of the 

magnetic plug, flush the main transmission, 

change the oil, perform a ground run for 15 

minutes at the flight-idle power setting, and 

then re-inspect the MGB oil filter and 

magnetic plug for a chip and the quantity of 

metallic fuzz on the metallic plug. 

(iii) If there is a chip on the MGB oil filter 

or on the magnetic plug, or, after complying 

with paragraph (d)(1)(ii) of this AD, metallic 

fuzz covers 25% or more of the magnetic 

plug, replace the main transmission with an 

airworthy main transmission and clean the 

oil cooler and oil lines. 

(2) At intervals not to exceed 10 hours TIS, 

inspect the magnetic plug for a chip or 

metallic fuzz in accordance with the 

requirements of paragraph (d)(1) of this AD. 

(e) Alternative Methods of Compliance 

(AMOC) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Rao Edupuganti, 

Aerospace Engineer, FAA, Rotorcraft 

Directorate, Regulations and Policy Group, 

2601 Meacham Blvd., Fort Worth, Texas 

76137, telephone (817) 222–5110, email 

rao.edupuganti@faa.gov. 

(2) For operations conducted under a Part 

119 operating certificate or under 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. 

(f) Additional Information 

(1) Eurocopter Alert Service Bulletin 

BO105–10–125, Revision 1, dated April 4, 

2011, which is not incorporated by reference, 

contains additional information about the 

subject of this AD. You may review a copy 

of this information at the FAA, Office of the 

Regional Counsel, Southwest Region, 2601 

Meacham Blvd., Room 663, Fort Worth, 

Texas 76137. 

(2) The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2011–0091, dated May 18, 2011. 

(g) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6320: Main Rotor Gearbox. 

Issued in Fort Worth, Texas, on May 2, 

2012. 

Carlton N. Cochran, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–11468 Filed 5–10–12; 8:45 am][FR 

Doc. 2012–11468 Filed 5–10–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0500; Directorate 

Identifier 2010–SW–014–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

Deutschland GmbH Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Eurocopter Deutschland GmbH (ECD) 

model EC135 helicopters, except the EC 

135 P2+ and T2+. This proposed AD 

was prompted by two reports of the 

plain journal bearings moving in 

relation to the main rotor swashplate 

sliding sleeve (sliding sleeve). The 

actions specified by this proposed AD 

are intended to detect shifting of the 

plain journal bearing, which could limit 

the movement of the collective control 

and result in subsequent loss of control 

of the helicopter. 

DATES: We must receive comments on 

this proposed AD by July 10, 2012. 

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. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS