52270 Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Proposed Rules 

the lever as depicted in Figure 1 to paragraph 

(d) of this AD. Ensure during installation of 

the weights that the weights are correctly 

assigned and installed to the control lever in 

accordance with the applied marks. 

(e) Alternative Methods of Compliance 

(AMOC) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Sharon Miles, 

Aviation Safety Engineer, Regulations and 

Policy Group, Rotorcraft Directorate, FAA, 

2601 Meacham Blvd., Fort Worth, TX 76137; 

telephone (817) 222–5110; email 

sharon.y.miles@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. 

(f) Additional Information 

The subject of this AD is addressed in the 

European Aviation Safety Agency (Germany) 

AD No. 2008–0206, dated November 25, 

2008, and in the Transport Canada Civil 

Aviation AD No. CF–2009–12, dated March 

24, 2009. 

(g) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6420, Tail Rotor Head. 

Issued in Fort Worth, Texas, on August 16, 

2012. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–21284 Filed 8–28–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0886; Directorate 

Identifier 2008–SW–067–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 the 

Agusta S.p.A. (Agusta) Model AB139 

and AW139 helicopters with a certain 

wire strike protection system (WSPS) 

top cable cutter assembly installed. This 

proposed AD is prompted by a report of 

in-flight contact between the top cable 

cutter assembly and two main rotor (M/ 

R) blades. This proposed AD would 

require reworking or replacing the top 

cable-cutter assembly to increase 

clearance between the WSPS and the M/ 

R blades. The proposed AD actions are 

intended to prevent damage to the M/R 

blades and subsequent loss of helicopter 

control. 

DATES: We must receive comments on 

this proposed AD by October 29, 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, Via 

Giovanni Agusta, 520 21017 Cascina 

Costa di Samarate (VA), Italy, telephone 

39 0331-229111, fax 39 0331–229605/ 

222595, or at http:// 

customersupport.agusta.com/ 

technical_advice.php. You may review a 

copy 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: 

Sharon Miles, Aviation Safety Engineer, 

Regulations and Policy Group, 

Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, TX 76137; 

telephone (817) 222–5110; email 

sharon.y.miles@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 EASA AD No. 2008– 

0148, dated August 5, 2008, to correct 

the unsafe condition for these Agusta 

helicopters with a top cable cutter 

assembly, part number (P/N) 423– 

83001–1, which is part of the WSPS, P/ 

N 4G9540F00211 or P/N 4G9540F00311. 

An incident of in-flight contact between 

the top cable cutter assembly and two 

M/R blades has been reported. Our 

proposed AD actions are intended to 

prevent damage to the M/R blades and 

subsequent loss of helicopter control. 

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 these same 

type designs. 

Related Service Information 

We reviewed Agusta Bollettino 

Tecnico No. 139–126, dated June 20, 

2008 (BT), which applies to Model 

AB139 and AW139 helicopters with 

certain serial-numbered wire strike 

protection systems. The BT specifies, 

within 200 flight hours, reworking the 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Proposed Rules 52271 

top cable cutter assembly and marking 

it with ‘‘BT 139–126 Rev./’’ in a visible 

and permanent manner. EASA classified 

this BT as mandatory and issued AD No. 

2008–0148 to ensure the continued 

airworthiness of these helicopters. 

Proposed AD Requirements 

This proposed AD would require: 

• Within 200 hours time-in-service, 

removing the WSPS upper installation, 

P/N 4G9540A00111, including cutter 

assembly, P/N 423–83001–1. 

• Before installing a WSPS upper 

installation, P/N 4G9540A00111, either: 

Æ Reworking the top cable cutter 

assembly, P/N 423–83001–1, in 

accordance with portions of BT No. 

139–126; or 

Æ Replacing the top cable cutter 

assembly, P/N 423–83001–1, with an 

airworthy top cable cutter assembly. 

Differences Between This Proposed AD 

and the EASA AD 

The EASA AD requires marking the 

reworked top cable-cutter assembly, and 

this proposed AD does not. 

Costs of Compliance 

We estimate that this proposed AD 

would affect about 39 helicopters of 

U.S. registry. We also estimate that it 

would take about three work-hours per 

helicopter to rework the top cable-cutter 

assembly, one work-hour to replace the 

top cable-cutter assembly, and one 

work-hour to remove the WSPS upper 

installation. The average labor rate is 

$85 per work-hour. Required parts 

would cost about $9,000 per helicopter 

to replace the cutter. Based on these 

figures, we estimate the cost of the 

proposed AD on U.S. operators would 

be $255 per helicopter to rework the top 

cable-cutter assembly, $9,085 per 

helicopter to replace the top cable-cutter 

assembly, and $85 per helicopter to 

remove the WSPS. 

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 adding 

the following new airworthiness 

directive (AD): 

Agusta S.p.A Helicopters (Agusta): Docket 

No. FAA–2012–0886; Directorate 

Identifier 2008–SW–067–AD. 

(a) Applicability 

This AD applies to Agusta Model AB139 

and AW139 helicopters, with a wire strike 

protection system (WSPS) top cable cutter 

assembly, part number (P/N) 423–83001–1, 

installed, which is part of the WSPS, P/N 

4G9540F00211 or P/N 4G9540F00311, 

certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as inflight contact between the top cable cutter 

assembly and main rotor (M/R) blades. This 

condition could result in damage to the M/ 

R blades and subsequent loss of helicopter 

control. 

(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 200 hours time-in-service, 

remove the WSPS upper installation, P/N 

4G9540A00111, including top cable cutter 

assembly, P/N 423–83001–1. 

(2) Before installing a WSPS upper 

installation, P/N 4G9540A00111, either: 

(i) Rework the top cable cutter assembly, P/ 

N 423–83001–1, in accordance with the 

Compliance Instructions, paragraph 3.1 

through 3.5, and Figure 1 of Agusta Bolletino 

Technico No. 139–126, dated June 20, 2008; 

or 

(ii) Replace the top cable cutter assembly, 

P/N 423–83001–1, with an airworthy top 

cable cutter assembly. 

(e) Alternative Methods of Compliance 

(AMOC) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Sharon Miles, 

Aviation Safety Engineer, Regulations and 

Policy Group, Rotorcraft Directorate, FAA, 

2601 Meacham Blvd., Fort Worth, TX 76137; 

telephone (817) 222–5110; email 

sharon.y.miles@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. 

(f) Additional Information 

(1) For service information identified in 

this AD, contact Agusta, Via Giovanni 

Agusta, 520 21017 Cascina Costa di Samarate 

(VA), Italy, telephone 39 0331–229111, fax 39 

0331–229605/222595, or at http:// 

customersupport.agusta.com/ 

technical_advice.php. 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 (EASA) AD 

No. 2008–0148, dated August 5, 2008. 

(g) Subject 

Joint Aircraft Service Component (JASC) 

Code: 5320: Fuselage Miscellaneous 

Structure. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
52272 Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Proposed Rules 

Issued in Fort Worth, Texas, on August 16, 

2012. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–21285 Filed 8–28–12; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1221 

[CPSC Docket No. CPSC–2011–0064] 

Safety Standard for Play Yards 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The United States Consumer 

Product Safety Commission 

(Commission, CPSC, us, or we) is 

proposing to amend the play yard 

mandatory standard. This proposed rule 

would address the hazards associated 

with the use of play yard bassinet 

accessories that can be assembled with 

missing key structural elements. The 

amendment is being proposed pursuant 

to section 104(b) of the Consumer 

Product Safety Improvement Act of 

2008 (CPSIA), also known as the 

‘‘Danny Keysar Child Product Safety 

Notification Act’’ which requires us to 

promulgate consumer product safety 

standards for durable infant or toddler 

products. 

DATES: Submit comments by November 

13, 2012. 

ADDRESSES: You may submit comments, 

identified by CPSC Docket No. CPSC– 

2011–0064 by any of the following 

methods: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

directly accepting comments submitted 

by electronic mail (email), except 

through www.regulations.gov. The 

Commission encourages you to submit 

electronic comments by using the 

Federal eRulemaking Portal, as 

described above. 

Written Submissions: Submit written 

submissions in the following way: Mail/ 

Hand delivery/Courier (for paper, disk, 

or CD–ROM submissions), preferably in 

five copies, to: Office of the Secretary, 

Consumer Product Safety Commission, 

Room 820, 4330 East West Highway, 

Bethesda, MD 20814; telephone (301) 

504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this proposed 

rulemaking. All comments received may 

be posted without change, including 

any personal identifiers, contact 

information, or other personal 

information provided, to http:// 

www.regulations.gov. Do not submit 

confidential business information, trade 

secret information, or other sensitive or 

protected information that you do not 

want to be available to the public. If 

furnished at all, such information 

should be submitted in writing. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov, and insert the 

docket number, CPSC–2011–0064, into 

the ‘‘Search’’ box and follow the 

prompts. 

FOR FURTHER INFORMATION CONTACT: 

Gregory K. Rea, Project Manager, 

Directorate for Laboratory Sciences, 

Consumer Product Safety Commission, 

5 Research Place, Rockville, MD 20850; 

email: GRea@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

In the Federal Register of September 

20, 2011 (76 FR 58167), we published a 

notice of proposed rulemaking (NPR) to 

establish a safety standard for play yards 

pursuant to section 104(b) of the CPSIA, 

also known as the ‘‘Danny Keysar Child 

Product Safety Notification Act.’’ On 

June 6, 2012, a draft final rule on play 

yards was submitted to the Commission 

for their consideration. The draft final 

rule incorporated by reference ASTM 

F406–12a, ‘‘Standard Consumer Safety 

Specification for Non-Full-Size Baby 

Cribs/Play Yards.’’ The draft final rule 

included one additional requirement 

not present in ASTM F406–12a. That 

requirement would have addressed the 

hazards associated with the use of play 

yard bassinet accessories that can be 

assembled with missing key structural 

elements. We refer to this provision in 

this document as the ‘‘bassinet 

misassembly requirement.’’ The bassinet 

misassembly requirement was created 

after we received a comment in 

response to the play yard NPR. 

On June 27, 2012, the Commission 

voted unanimously to approve 

publication in the Federal Register of 

the draft final rule to establish a safety 

standard for play yards. Today, 

elsewhere in the Federal Register, we 

are publishing the final rule, which 

reflects several changes directed by the 

Commission in its vote. Specifically, the 

Commission voted to remove the 

bassinet misassembly requirement from 

the draft play yard final rule submitted 

by staff. In light of that, the Commission 

also voted to provide a 6-month 

effective date for the safety standard for 

play yards, instead of 12 months as 

stated in the draft final rule because the 

recommendation for a 12 month 

effective date was based on the 

inclusion of the bassinet misassembly 

requirement. In addition, the 

Commission directed staff to draft and 

publish an NPR seeking comment 

regarding an amendment to the play 

yard mandatory standard to include the 

bassinet misassembly requirement, 

which is the subject of this notice. The 

Commission’s Order, as well as 

Chairman Inez M. Tenenbaum’s 

statement on the final rule to establish 

a safety standards for play yards, can be 

viewed at: http://www.cpsc.gov/library/ 

foia/ballot/ballot12/ballot12.html. 

B. Description of the Proposed Rule 

1. Summary of the Hazard and the 

Infant Fatality 

In August 2011, we received a report 

of an infant fatality in the bassinet 

accessory of a play yard. The child died 

when the sleeping surface of the 

bassinet tilted, causing the child to slip 

into the corner where she suffocated. A 

review of the In-Depth Investigation 

Report (IDI) 110825CAA2853, as well as 

our tests on an exemplar model of the 

bassinet accessory and play yard 

involved in the fatality, led us to 

conclude that the incident was caused 

by the omission of key structural 

elements. 

Many play yards are sold with 

accessories that attach to the product, 

such as bassinets, changing tables, and 

mobiles. Bassinet accessories are unique 

among play yard accessories because 

they are intended to be used as a 

sleeping environment, and infants are 

meant to be left unsupervised in them 

for extended periods of time. Serious 

injuries or fatalities can result if a play 

yard bassinet accessory has been 

assembled without key structural 

elements, such as rods, tubes, bars, and 

hooks, which keep the sleep surface flat 

and level. A tilt in the sleeping surface 

of the bassinet can result in an infant 

getting into a position where he or she 

is unable to breathe and is at risk of 

suffocation. 

As seen in the IDI, it is possible that 

the omission of key structural elements 

may not initially be visually evident to 

the consumer. If the misassembled 

accessory supports an infant without a 

catastrophic and obvious change to the 

sleep surface, a consumer may continue 

to use the accessory and inadvertently 

place a child in danger. If the bassinet’s 


srobinson on DSK4SPTVN1PROD with PROPOSALS