27144 Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Proposed Rules 

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 above, 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, 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. 

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): 

The Boeing Company: Docket No. FAA– 

2012–0425; Directorate Identifier 2011– 

NM–273–AD. 

(a) Comments Due Date 

We must receive comments by June 25, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 717–200 airplanes, certificated in any 

category. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 53: Fuselage. 

(e) Unsafe Condition 

This AD was prompted by multiple reports 

of cracks of overwing frames. We are issuing 

this AD to detect and correct such cracking 

that could sever a frame, which may increase 

the loading of adjacent frames, and result in 

damage to the adjacent structure and 

consequent loss of structural integrity of the 

airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Actions 

Before the accumulation of 20,000 total 

flight cycles, or within 8,275 flight cycles 

after the effective date of this AD, whichever 

occurs later: Do a general visual and high 

frequency eddy current inspection for 

cracking of the left and right side overwing 

frames at stations 674, 696, and 715; and do 

all applicable related investigative and 

corrective actions; in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 717–53A0034, dated October 

5, 2011. Do all applicable related 

investigative and corrective actions before 

further flight. Repeat the inspections 

thereafter at the applicable time specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin 717–53A0034, dated 

October 5, 2011. 

(h) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Los Angeles Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Los Angeles 

ACO to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane and 14 

CFR 25.571, Amendment 45, and the 

approval must specifically refer to this AD. 

(i) Related Information 

(1) For more information about this AD, 

contact George Garrido, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office, 3960 

Paramount Boulevard, Lakewood, CA 90712– 

4137; phone: 562–627–5357; fax: 562–627– 

5210; email: george.garrido@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, 3855 Lakewood Boulevard, MC 

D800–0019, Long Beach, California 90846– 

0001; telephone 206–544–5000, extension 2; 

fax 206–766–5683; email 

dse.boecom@boeing.com; Internet https:// 

www.myboeingfleet.com. You may review 

copies of the referenced service information 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, Washington. 

For information on the availability of this 

material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on April 29, 

2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–11022 Filed 5–8–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0448; Directorate 

Identifier 2010–SW–016–AD] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for Agusta 

S.p.A. (Agusta) Model A109S 

helicopters, which would require 

modifying the electrical power 

distribution system to carry a higher 

electrical load. This proposed AD is 

prompted by an electrical failure on an 

Agusta Model A109E helicopter that 

resulted from ‘‘inadequate functioning 

of the 35 amperes (amps) BATT BUS 

circuit breaker.’’ The proposed actions 

are intended to require modifying the 

electrical power distribution system to 

prevent failure of the circuit breaker, 

loss of electrical power to instruments 

powered by the ‘‘BATT BUS’’ system, 


sroberts on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Proposed Rules 27145 

and subsequent loss of control of the 

helicopter. 

DATES: We must receive comments on 

this proposed AD by July 9, 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, 

S.p.A., Via Giovanni Agusta 520, 21017 

Cascina Costa di Samarate (VA), Italy, 

ATTN: Giovanni Cecchelli; telephone 

39–0331–711133; fax 39–0331–711180; 

or at http://www.agustawestland.com/ 

technical-bullettins. 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: 

Mark F. Wiley, Aviation Safety 

Engineer, Regulations and Policy Group, 

Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; email 

mark.wiley@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 Italy, a Member State of the 

European Union, issued EASA AD No. 

2009–0137, dated June 23, 2009, for the 

Agusta Model A109E helicopter to 

correct an unsafe electrical condition 

caused by an inadequately functioning 

circuit breaker that was not within 

design requirements. That EASA AD 

required installing a ‘‘BATT BUS’’ 

circuit breaker modification kit on the 

Model A109E helicopters. Based on the 

unsafe condition created by this circuit 

breaker as described in EASA AD No. 

2009–0137, the FAA issued AD 2010– 

20–21 (75 FR 61341, October 5, 2010; 

Correction published at 75 FR 65224, 

October 22, 2010) to require installing a 

‘‘BATT BUS’’ circuit breaker 

modification kit on Model A109E 

helicopters in the United States. 

Subsequently, EASA issued AD No. 

2009–0264, dated December 15, 2009, to 

correct the same unsafe condition on the 

Agusta Model A109S helicopters due to 

the design commonality between the 

electrical power distribution system of 

the Model A109E and A109S 

helicopters. The FAA is now proposing 

to issue this AD for the Model A109S 

helicopters to correct this same unsafe 

condition. 

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 proposing this AD because we 

evaluated all information provided by 

EASA and determined that an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Related Service Information 

Agusta has issued Bollettino Tecnico 

No. 109S–35, dated December 11, 2009 

(BT), which specifies modifying and 

testing the ‘‘BATT BUS’’ circuit breaker 

installation. The EASA classified this 

BT as mandatory and issued AD No. 

2009–0264, dated December 15, 2009, to 

ensure the continued airworthiness of 

these helicopters. 

Proposed AD Requirements 

This proposed AD would require 

compliance with specified portions of 

the manufacturer’s service bulletin 

including modifying the electrical 

power distribution system by installing 

a ‘‘BATT BUS’’ Circuit Breaker 

Modification Kit, part number 109– 

0824–73–107, and thereafter, testing for 

proper functioning of the electrical 

system. 

Differences Between This Proposed AD 

and the EASA AD 

This proposed AD does not reference 

the calendar date of June 30, 2010, 

which has already passed. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 15 helicopters of U.S. 

Registry. We estimate that operators 

may incur the following costs in order 

to comply with this AD. It would take 

about 8 work-hours per helicopter to 

install the ‘BATT BUS’ circuit breaker 

modification kit at an average labor rate 

of $85 per work-hour and required parts 

would cost about $471 per helicopter. 

Based on these figures, we estimate the 

total cost impact of the proposed AD on 

U.S. operators to be $17,265. 

According to the service information 

of the production approval holder 

(PAH), some of the costs of this 

proposed AD may be covered under 

warranty, thereby reducing the cost 

impact on affected individuals. We do 

not control warranty coverage by the 

PAH. 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. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
27146 Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Proposed Rules 

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.: Docket No. FAA–2012– 

0448; 2010–SW–016–AD. 

(a) Applicability 

This AD applies to Agusta S.p.A. (Agusta) 

Model A109S helicopters, serial numbers up 

to and including 22151, certificated in any 

category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

failure of the 35 ampere (amp) ‘‘BATT BUS,’’ 

which could result in an electrical failure 

and fire, loss of electrical power to 

instruments powered by the ‘‘BATT BUS’’ 

system, 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 

Within 50 hours time-in-service, modify 

the electrical power distribution system by 

installing the ‘‘BATT BUS’’ Circuit Breaker 

Modification Kit, part number 109–0824–73– 

107, as depicted in Figures 1 through 3 and 

by following the Compliance Instructions, 

paragraphs 4. through 7., of Agusta Bollettino 

Tecnico No. 109S–35, dated December 11, 

2009 (ASB). Thereafter, operationally test the 

electrical system by following paragraphs 

19.1 through 19.7 of the ASB. 

(e) Special Flight Permit 

Special flight permits may be issued in 

accordance with 14 CFR 21.197 and 21.199 

to operate the helicopter to a location where 

the requirements of this AD can be 

accomplished provided that you do not 

simultaneously operate the landing light and 

the search light. 

(f) Alternative Methods of Compliance 

(AMOC) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Mark F. Wiley, 

Aviation Safety Engineer, Regulations and 

Policy Group, Rotorcraft Directorate, FAA, 

2601 Meacham Blvd., Fort Worth, Texas 

76137; telephone (817) 222–5110; email 

mark.wiley@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. 

(g) Additional Information 

The subject of this AD is addressed in 

European Aviation Safety Agency (Italy) AD 

No. 2009–0264, dated December 15, 2009. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 2460, DC Power/Distribution System. 

Issued in Fort Worth, Texas, on April 17, 

2012. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–11197 Filed 5–8–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0121; Airspace 

Docket No. 12–AAL–2] 

Proposed Amendment of Class E 

Airspace; Scammon Bay, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify Class E airspace at Scammon 

Bay Airport, Scammon Bay, AK. 

Controlled airspace is necessary to 

accommodate aircraft using a new Area 

Navigation (RNAV) Global Positioning 

System (GPS) standard instrument 

approach procedures at Scammon Bay 

Airport. The FAA is proposing this 

action to enhance the safety and 

management of aircraft operations at the 

airport. 

DATES: Comments must be received on 

or before June 25, 2012. 

ADDRESSES: Send comments on this 

proposal 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; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2012–0121; Airspace 

Docket No. 12–AAL–2, at the beginning 

of your comments. You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Richard Roberts, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4517. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 


sroberts on DSK5SPTVN1PROD with PROPOSALS