39444 Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Proposed Rules 

Maximum 

annual fee per 

licensed 

category 

35 to 500 employees .................................................................................................................................................................... 2,300 

Fewer than 35 employees ............................................................................................................................................................ 500 

Small governmental jurisdictions (Including publicly supported educational institutions) (Population): 

20,000 to 50,000 .......................................................................................................................................................................... 2,300 

Fewer than 20,000 ....................................................................................................................................................................... 500 

Educational institutions that are not State or publicly supported, and have 500 employees or fewer: 

35 to 500 employees .................................................................................................................................................................... 2,300 

Fewer than 35 employees ............................................................................................................................................................ 500 

* * * * * 

Dated at Rockville, Maryland, this 20th day 

of June 2012. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. 2012–16258 Filed 7–2–12; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0695; Directorate 

Identifier 2011–SW–031–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 supersede an 

existing airworthiness directive (AD) for 

Agusta S.p.A. (Agusta) Model A119 and 

AW119 MKII helicopters. The existing 

AD currently requires inspecting the 

pilot and copilot engine rotary variable 

differential transformer (RVDT) control 

box assemblies to determine if the 

control gear locking pin is in its proper 

position. Since we issued that AD, 

Agusta has developed a terminating 

action for this inspection. The proposed 

actions are intended to prevent failure 

of an RVDT control box assembly, loss 

of manual control of the engine throttle, 

and subsequent loss of control of the 

helicopter. 

DATES: We must receive comments on 

this proposed AD by September 4, 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. 

• 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 Agusta 

Westland, Customer Support & Services, 

Via Per Tornavento 15, 21019 Somma 

Lombardo (VA) Italy, ATTN: Giovanni 

Cecchelli; telephone 39 0331711133; fax 

39 0331 711180; or at http:// 

www.agustawestland.com/technicalbullettins. You may review a copy of the 

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: Jim 

Grigg, Manager, FAA, Rotorcraft 

Directorate, Safety Management Group, 

2601 Meacham Blvd., Fort Worth, TX 

76137, telephone (817) 222–5126, email 

jim.grigg@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 

On July 16, 2010, we issued 

Emergency AD 2010–15–51, and on 

August 4, 2010, we issued the Final 

Rule, Request for Comment, for that AD 

as amendment 39–16397 (75 FR 50863, 

August 18, 2010) for all Agusta model 

A119 and AW119 MKII helicopters. 

That AD requires inspecting the pilot 

and co-pilot control box assemblies for 

the proper positioning of the locking 

pins, and if the locking pin is recessed 

or extended in excess of 2.0 millimeters 

from the face of the pin bore, or missing, 

replacing the control box assembly. That 

AD was prompted by a report that an 

RVDT locking pin that was installed on 

an AW119 MKII helicopter moved from 

its proper position, resulting in 

disconnect between the pilot and copilot throttle controls. 

Actions Since Existing AD Was Issued 

Since we issued AD 2010–15–51, the 

European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2011– 

0095–E, dated May 24, 2011, to 

permanently correct this unsafe 

condition for the Agusta A119 and AW 


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Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Proposed Rules 39445 

MKII helicopters. EASA advises that 

Agusta has developed a modification to 

the pilot and co-pilot control box 

assemblies that will ‘‘remedy the 

problem and prevent recurrence.’’ This 

EASA AD requires repetitive 

inspections of the affected pilot and copilot control box assemblies until a 

terminating action modification is made 

within 8 calendar months of the 

effective date of the EASA AD. 

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, the EASA, their 

technical representative, has notified us 

of the unsafe condition described in the 

EASA AD. We are proposing this AD 

because we evaluated all information 

provided by the EASA and determined 

the unsafe condition is likely to exist or 

develop on other helicopters of the same 

type design. 

Related Service Information 

We reviewed Agusta Alert Bollettino 

Tecnico (ABT) No. 119–39 Revision A, 

dated May 23, 2011 (ABT 119–39). The 

ABT 119–39 describes procedures for 

repetitively inspecting the pilot and copilot control box assemblies for correct 

positioning of the engine RVDT control 

gear locking pin and provides 

instructions on how to modify the pilot 

and co-pilot control box assemblies to 

terminate the repetitive inspections. The 

EASA classified this ABT as mandatory 

and issued EAD No. 2011–0095–E, 

dated May 24, 2011, to ensure the 

continued airworthiness of these 

helicopters. 

Proposed AD Requirements 

This proposed AD would retain the 

inspection requirements of AD 2010– 

15–51, which requires a repetitive 

inspection of the pilot and copilot 

RVDT control box assembly locking 

pins for proper position, until both 

assemblies are modified. Additionally, 

we are proposing to require, within 8 

months, modifying the pilot control box 

assembly, P/N 109–0010–81–103, and 

the co-pilot control box assembly, P/N 

109–0010–81–107, in accordance with 

specified procedures contained in the 

ABT to terminate the requirements for 

the repetitive inspections. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 49 helicopters of U.S. 

Registry. We estimate that operators 

may incur the following costs in order 

to comply with this AD. Inspecting the 

two RVDT control box assemblies 

would require about 1.5 hours at an 

average labor rate of $85 per work hour, 

for a cost per helicopter of about $128 

and a cost to the U.S. fleet of about 

$6,272 per inspection cycle. 

Modification of the pilot and co-pilot 

RVDT control box assemblies would 

require about 8 hours at an average labor 

rate of $85 per work hour, and required 

parts would cost about $8, for a total 

cost per helicopter of $688 and a cost to 

the U.S. fleet of $33,712. 

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 

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 

removing Amendment 39–16397 (75 FR 

50863, dated August 18, 2010), and 

adding the following new AD: 

Agusta S.P.A. Helicopters: Docket No. FAA– 

2012–0695; Directorate Identifier 2011– 

SW–031–AD. 

(a) Applicability 

This AD applies to Agusta Model A119 and 

AW119 MKII helicopters, with pilot control 

box assembly (control box), part number (P/ 

N) 109–0010–81–103, and co-pilot control 

box, P/N 109–0010–81–107, installed, 

certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

rotary variable differential transformer 

(RVDT) locking pin, which could move out 

of position and result in loss of manual 

throttle control of the engine and subsequent 

loss of control of the helicopter. 

(c) Other Affected ADs 

This AD supersedes AD 2010–15–51, 

Amendment 39–16397 (75 FR 50863, dated 

August 18, 2010). 

(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 

(1) Within 5 hours time-in-service (TIS), 

and thereafter at intervals not to exceed 50 

hours TIS, remove the cover of the pilot and 

co-pilot RVDT control box assemblies and 

inspect the locking pins for proper position 

by following the Compliance Instructions, 

Parts I and II, paragraphs 2. through 4.1 for 

the pilot control box assembly and 

paragraphs 5. through 7.1 for the co-pilot 

control box assembly, of Agusta Bollettino 

Tecnico No. 119–39, Revision A, dated May 

23, 2011. 

(2) If during the inspection the locking pin 

is recessed or extended in excess of 2.0 

millimeters from the face of the pin bore, or 

missing, before further flight, replace the 

RVDT control box with an airworthy RVDT 

control box that has been modified in 

accordance with paragraph (e)(3) of this AD. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
39446 Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Proposed Rules 

(3) Within 8 months, 

(i) Modify the pilot RVDT control box 

assembly, P/N 109–0010–81–103, by 

reference to Figures 1 through 7 and in 

accordance with the Compliance 

Instructions, Part III, paragraphs 5.1 through 

5.16 of Agusta Bollettino Tecnico No. 119– 

39 Revision A, dated May 23, 2011; and 

(ii) Modify the co-pilot RVDT control box 

assembly, P/N 109–0010–81–107, by 

reference to Figures 1 through 7 and in 

accordance with the Compliance 

Instructions, Part III, paragraphs 3.1 through 

3.16 of Agusta Bollettino Tecnico No. 119– 

39, Revision A, dated May 23, 2011. 

(4) Modifying the pilot and copilot RVDT 

control box assemblies in accordance with 

paragraph (e)(3) of this AD constitutes 

terminating action for the requirements of 

this AD. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Jim Grigg, 

Manager, FAA, Rotorcraft Directorate, Safety 

Management Group, 2601 Meacham Blvd., 

Fort Worth, TX 76137, telephone (817) 222– 

5126, email jim.grigg@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office before 

operating any aircraft complying with this 

AD through an AMOC. 

(g) Additional Information 

(1) For service information identified in 

this AD, contact Agusta Westland, Customer 

Support & Services, Via Per Tornavento 15, 

21019 Somma Lombardo (VA) Italy, ATTN: 

Giovanni Cecchelli; telephone 39–0331– 

711133; fax 39 0331 711180; or at http:// 

www.agustawestland.com/technicalbullettins. You may review a copy of the 

service 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 AD 2011– 

0095–E, dated May 24, 2011. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6700: Rotors Flight Control. 

Issued in Fort Worth, Texas, on June 22, 

2012. 

M. Monica Merritt, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–16314 Filed 7–2–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 139 

Draft Parachute Landing Area 

Standards 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Request for comment. 

SUMMARY: The Federal Aviation 

Administration (FAA), U.S. Department 

of Transportation (DOT), invites the 

United States Parachute Association, 

skydiving businesses, airport operators, 

airport consultants, industry 

representatives and all other interested 

parties to review and comment on the 

draft ‘‘Parachute Landing Area 

Standards’’ contained in Change 19 to 

the Airport Design Advisory Circular 

(‘‘AC’’), AC 150/5300–13. This change 

establishes new standards and 

recommendations for parachute landing 

areas on airports. This action proposes 

to clarify the FAA policies and 

standards concerning access to federally 

obligated airports for parachute landing 

activities. It also proposes to clarify 

Grant Assurance No. 22, ‘‘Economic 

Nondiscrimination,’’ which is required 

of a sponsor as a condition of receiving 

a grant under the Airport Improvement 

Program (AIP), to incorporate these 

standards. 

DATES: Comments must be received on 

or before August 17, 2012. 

ADDRESSES: Comments must be 

submitted by: 

• Hand Delivery/Courier: Federal 

Aviation Administration, 800 

Independence Avenue SW., AAS–100, 

Room 621, Washington, DC 20590. 

• Fax: (202) 267–3688. 

FOR FURTHER INFORMATION CONTACT: 

Khalil Elias Kodsi, P.E. PMP, Airport 

Engineering Division, (AAS–100), 

Federal Aviation Administration, 800 

Independence Ave. SW., Washington, 

DC 20591; telephone (202) 267–7553. 

SUPPLEMENTARY INFORMATION: The FAA 

has posted Change 19 for the Advisory 

Circular on the Internet at: http:// 

www.faa.gov/airports/resources/ 

advisory_circulars/ 

Pursuant to 49 U.S.C. 47107(h), the 

Secretary of Transportation is required 

to provide notice and comment in the 

Federal Register and an opportunity for 

the public to comment upon proposals 

to modify the assurances or add new 

assurances. 

The purpose of this document is 

twofold: (1) To provide notice of the 

proposed modification of Grant 

Assurance No. 22 and to provide an 

opportunity to comment consistent with 

49 U.S.C. 47107(h), and (2) to invite 

interested parties to review and 

comment on the draft ‘‘Parachute 

Landing Area Standards’’ contained in 

Change 19 to the Airport Design 

Advisory Circular, AC 150/5300–13. 

The FAA interprets 49 U.S.C. 

47107(a)(1), and the corollary grant 

assurance No. 22, ‘‘Economic 

Nondiscrimination,’’ to require airports 

obligated under AIP grants (which 

includes sponsors that are holders of 

Airport Operating Certificates issued 

under 14 CFR part 139) to comply with 

new PLA Standards set forth in Change 

19 to AC 150/5300–13, ‘‘Airport 

Design,’’ which address hazards, PLA 

size and location, and recommended 

markings. The FAA proposes to use 

these standards; along with changes in 

its safety assessment review process, to 

provide a more consistent and objective 

examination of requests for parachute 

landing areas on federally obligated 

airports. The new standards and the 

updated review process will ensure that 

airport sponsors are able to implement 

new PLAs safely and efficiently. The 

PLA Standards will apply at the time 

airports enter into new grant agreements 

with the FAA subsequent to the 

effective date of Change 19 to AC No. 

150/5300–13, ‘‘Airport Design.’’ 

The FAA proposes to modify AIP 

Grant Assurance No. 22, ‘‘Economic 

Nondiscrimination,’’ to clarify that 

sponsor must comply with Parachute 

Landing Area (PLA) Standards set forth 

in Change 19 to AC 150/5300–13, 

‘‘Airport Design,’’ which address 

hazards, PLA size and location, and 

recommended markings. These 

standards are designed to provide a 

more consistent and objective 

examination of requests for parachute 

landing areas on federally obligated 

airports. The standards will ensure that 

sponsors are able to implement new 

PLAs safely and efficiently. 

Title 49 of the United States Code, 

section 47108(a), provides that the 

Secretary may impose terms on the offer 

of Federal funds for AIP funded airport 

development projects that the Secretary 

considers necessary. Uniform design 

standards for airports can be found in 

FAA advisory circulars and mandatory 

use is generally required on all AIP 

projects. In exchange for AIP grant 

funds, an airport sponsor is required by 

49 U.S.C. 47107(a) to certify to the 

Secretary that it will comply with a 

number of Federal laws, policies, and 

grant assurances. Grant Assurance No. 

22, ‘‘Economic Nondiscrimination,’’ 

requires an airport sponsor to ‘‘make the 

airport available as an airport for public 


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