Federal Register / Vol. 75, No. 80 / Tuesday, April 27, 2010 / Proposed Rules 22043 

• Usage profiles; 

• Technology options for increasing 

efficiency; 

• Costs related to increasing 

efficiency; 

• Equipment cost; 

• Maintenance costs; 

• Unit energy consumption 

calculations and values; and 

• Alternative sources, databases, and 

methodologies for the analyses and 

inputs used in this proposed 

determination. 

V. Approval of the Office of the 

Assistant Secretary 

The Assistant Secretary of DOE’s 

Office of Energy Efficiency and 

Renewable Energy has approved 

publication of this proposed 

determination. 

List of Subjects in 10 CFR Part 431 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Reporting and recordkeeping 

requirements. 

Issued in Washington, DC, on April 22, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–9714 Filed 4–26–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0449; Directorate 

Identifier 2009–SW–38–AD] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. (Agusta) Model A109E 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose adopting a new 

airworthiness directive (AD) for the 

Agusta Model A109E helicopters. This 

proposed AD results from a mandatory 

continuing airworthiness information 

(MCAI) AD issued by the European 

Aviation Safety Agency (EASA), which 

is the Technical Agent for the Member 

States of the European Community. The 

MCAI AD states that after a report of an 

electrical failure, an investigation 

revealed inadequate functioning of the 

35 amperes (Amps) battery bus (BATT 

BUS) circuit breaker that was not within 

design requirements. These actions are 

intended to replace the 35 Amps with 

a 50 Amps circuit breaker and replace 

the wires with oversized ones to prevent 

an electrical failure, loss of electrical 

power, and subsequent loss of control of 

the helicopter. 

DATES: We must receive comments on 

this proposed AD by May 27, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting your 

comments electronically. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

You may get the service information 

identified in this proposed AD from 

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. 

Examining the 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 stated in the 

ADDRESSES section of this AD. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

DOT/FAA Southwest Region, Mark 

Wiley, ASW–111, Aviation Safety 

Engineer, Rotorcraft Directorate, 

Regulations and Policy Group, 2601 

Meacham Blvd., Fort Worth, Texas 

76137, telephone (817) 222–5114, fax 

(817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

data, views, or arguments about this 

proposed AD. Send your comments to 

an address listed in the ADDRESSES

section of this proposal. Include ‘‘Docket 

No. FAA–2010–0449; Directorate 

Identifier 2009–SW–38–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this proposed AD. We will consider all 

comments received by the closing date 

and may amend this proposed AD based 

on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

EASA, which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD 2009– 

0137, dated June 23, 2009, to correct an 

unsafe condition for the Agusta Model 

A109E helicopters. 

Following a report of an electrical 

failure, Agusta investigated the 

electrical power generation system and 

identified inadequate functioning of the 

35 Amps BATT BUS circuit breaker. To 

prevent an electrical failure, the 

manufacturer has developed a BATT 

BUS circuit breaker modification kit for 

replacing the 35 Amps circuit breaker 

with a 50 Amps circuit breaker and 

replacing the wires with oversized ones. 

You may obtain further information by 

examining the MCAI AD and any 

related service information in the AD 

docket. 

Related Service Information 

Agusta has issued Bollettino Tecnico 

No. 109EP–98, dated June 22, 2009, that 

specifies modifying the BATT BUS 

circuit breaker installation. The service 

information specifies modifying the 

fuselage electrical installation, part 

number (P/N) 109–0741–49, and the 

overhead panel electrical installation, 

P/N 109–0741–55, with a BATT BUS 

circuit breaker modification kit, P/N 

109–0824–73–101. The actions 

described in the MCAI AD are intended 

to correct the same unsafe condition as 

that identified in the service 

information. 

FAA’s Evaluation and Unsafe Condition 

Determination 

This model helicopter has been 

approved by the aviation authority of 

Italy and is approved for operation in 

the United States. Pursuant to our 

bilateral agreement with Italy, EASA, 

their Technical Agent, has notified us of 

the unsafe condition described in the 

MCAI AD. We are proposing this AD 

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22044 Federal Register / Vol. 75, No. 80 / Tuesday, April 27, 2010 / Proposed Rules 

because we evaluated the information 

provided by EASA and determined the 

unsafe condition exists and is likely to 

exist or develop on other helicopters of 

the same type design. 

Differences Between This AD and the 

MCAI AD 

We refer to flight hours as hours timein-service. Also, we do not refer to a 

calendar compliance date of December 

31, 2009, because the effective date of 

this AD would be later than that date. 

Costs of Compliance 

We estimate that this AD would affect 

about 73 helicopters of U.S. registry. We 

also estimate that it would take about 5 

work-hours per helicopter to modify the 

BATT BUS circuit breaker installation. 

The average labor rate is $85 per workhour. Required parts will cost about 

$700 for the BATT BUS circuit breaker 

kit. Based on these figures, we estimate 

the cost of this AD on U.S. operators 

would be $82,125, assuming the entire 

fleet is modified. 

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 

product(s) 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. 

Therefore, I certify this proposed AD: 

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); and 

3. 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 AD: 

AGUSTA S.p.A.: Docket No. FAA–2010– 

0449; Directorate Identifier 2009–SW– 

38–AD. 

Comments Due Date 

(a) We must receive your comments by 

May 27, 2010. 

Other Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Agusta Model 

A109E helicopters, all serial numbers up to 

and including serial number (S/N) 11758 

(except S/N 11741, 11754, and 11757) 

modified with a circuit breaker modification 

kit, part number (P/N) 109–0812–04–101, 

–103, –107, or –109; certificated in any 

category. 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) AD states 

after a report of an electrical failure, an 

investigation revealed inadequate 

functioning of the 35 amperes (Amps) battery 

bus (BATT BUS) circuit breaker. 

Actions and Compliance 

(e) Within 50 hours time-in-service, unless 

already done, modify the fuselage electrical 

installation, P/N 109–0741–49, and the 

overhead panel electrical installation, P/N 

109–0741–55 with a BATT BUS circuit 

breaker modification kit, P/N 109–0824–73– 

101, as depicted in Figures 1 and 2 and by 

following the Compliance Instructions, 

paragraphs 2 through 20.7, of Agusta 

Bollettino Tecnico No. 109EP–98, dated June 

22, 2009. 

Differences Between This AD and the MCAI 

AD 

(f) We refer to flight hours as hours timein-service. Also, we do not refer to a calendar 

compliance date of December 31, 2009, 

because the effective date of this AD would 

be later than that date. 

Other Information 

(g) Alternative Methods of Compliance 

(AMOCs): The Manager, Safety Management 

Group, ATTN: DOT/FAA Southwest Region, 

Mark Wiley, ASW–111, Aviation Safety 

Engineer, Rotorcraft Directorate, Regulations 

and Policy Group, 2601 Meacham Blvd., Fort 

Worth, Texas 76137, telephone (817) 222– 

5114, fax (817) 222–5961, has the authority 

to approve AMOCs for this AD, if requested, 

using the procedures found in 14 CFR 39.19. 

Related Information 

(h) EASA MCAI AD No. 2009–0137, dated 

June 23, 2009, contains related information. 

Joint Aircraft System/Component (JASC) 

Code 

(i) The JASC Code is 2460: Electrical Power 

Systems. 

Issued in Fort Worth, Texas, on April 7, 

2010. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–9696 Filed 4–26–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0399; Airspace 

Docket No. 10–AGL–3] 

Proposed Establishment of Class E 

Airspace; Paynesville, MN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class E airspace at Paynesville, 

MN. Controlled airspace is necessary to 

accommodate new Standard Instrument 

Approach Procedures (SIAPs) at 

Paynesville Municipal Airport, 

Paynesville, MN. The FAA is taking this 

action to enhance the safety and 

management of Instrument Flight Rules 

(IFR) operations for SIAPs at the airport. 

DATES: Comments must be received on 

or before June 11, 2010. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue, SE., West Building 

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