3382 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations 

same corrective action applies to both types 

of helicopters. 

Actions and Compliance 

(e) Within 30 days, unless accomplished 

previously: 

(1) For Model AS350 helicopters with part 

numbers listed in paragraph (c)(1) of this AD, 

modify each fin as depicted in Figure 1 and 

by following the Accomplishment 

Instructions, paragraph 2.B.2., Eurocopter 

Model AS350 Alert Service Bulletin (ASB) 

No. 55.00.16, Revision 1, dated January 5, 

2009. 

(2) For Model AS355 helicopters with part 

numbers listed in paragraph (c)(2) of this AD, 

modify each fin as depicted in Figure 1 and 

by following the Accomplishment 

Instructions, paragraph 2.B.2., of Eurocopter 

AS 355 ASB 55.00.12, Revision 1, dated 

January 5, 2009. 

Note: Eurocopter Safety Information Notice 

No. 2315–S–55, Revision 1, dated April 21, 

2011, not incorporated by reference, contains 

information about the subject of this AD. 

Differences Between This AD and the MCAI 

(f) We refer to flight hours as hours TIS. 

The dates in the MCAI have already passed; 

therefore, we did not use them in this AD. 

Also, some of the requirements are out-ofdate, and we have not included them in this 

AD. We have also made some minor editorial 

changes for clarity. 

Other Information 

(g) The Manager, Safety Management 

Group, Rotorcraft Directorate, ATTN: FAA 

Safety Management Group, Jim Grigg., ASW– 

112, Aviation Safety Engineer, 2601 

Meacham Blvd., Fort Worth, Texas 76137, 

telephone (817) 222–5126, fax (817) 222– 

5961, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. 

(h) Special flight permits are prohibited. 

Related Information 

(i) EASA MCAI Airworthiness Directive 

Nos. 2009–0029 and 2009–0030, both dated 

February 12, 2009, contain related 

information. 

Joint Aircraft System/Component Code 

(j) The Joint Aircraft System/Component 

(JASC) Code is: 5531—Vertical stabilizer 

spar/rib structure. 

Material Incorporated by Reference 

(k) You must use the specified portions of 

the service information specified in this AD 

to do the actions required. The Director of the 

Federal Register approved the incorporation 

by reference of this service information under 

5 U.S.C. 552(a) and 1 CFR part 51. 

(1) Eurocopter Model AS350 Alert Service 

Bulletin No. 55.00.16, Revision 1, dated 

January 5, 2009; and 

(2) Eurocopter Model AS 355 Alert Service 

Bulletin No. 55.00.12, Revision 1, dated 

January 5, 2009. 

(3) For service information identified in 

this AD, contact American Eurocopter 

Corporation, 2701 Forum Drive, Grand 

Prairie, TX 75053–4005, telephone (972) 

641–3460, fax (972) 641–3527, or at http:// 

www.eurocopter.com. 

(4) You may review copies at the DOT/ 

FAA, Southwest Region, Office of the 

Regional Counsel, 2601 Meacham Blvd., Fort 

Worth, Texas 76137; or at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, call (202) 741– 

6030, or go to: http://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

Issued in Fort Worth, Texas, on August 19, 

2011. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–365 Filed 1–23–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1454; Directorate 

Identifier 2011–SW–054–AD; Amendment 

39–16910; AD 2011–27–08] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Agusta S.p.A. (Agusta) model A109S 

and AW109SP helicopters. This AD is 

prompted by a fatigue crack found in 

the left elevator assembly along the 

riveting of the upper skin to the fourth 

rib on an Agusta A109S helicopter. 

These actions are intended to detect a 

crack, which could lead to a failure of 

the elevator, reduced maneuverability of 

the helicopter, and subsequent loss of 

control of the helicopter. 

DATES: This AD becomes effective 

February 8, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain documents listed in this AD 

as of February 8, 2012. 

We must receive comments on this 

AD by March 26, 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 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 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 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: Jim 

Grigg, Manager, FAA, Rotorcraft 

Directorate, Safety Management Group, 

2601 Meacham Blvd. Fort Worth TX 

76137, telephone (817) 222–5126, fax 

(817) 222–5961, email 

jim.grigg@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments prior to it becoming effective. 

However, 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 resulted from 

adopting this AD. The most helpful 

comments reference a specific portion of 

the AD, 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 them only one time. 

We will file in the docket all 

comments that we receive, as well as a 

report summarizing each substantive 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations 3383 

public contact with FAA personnel 

concerning this rulemaking during the 

comment period. We will consider all 

the comments we receive and may 

conduct additional rulemaking based on 

those comments. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2011–0150, 

dated August 9, 2011 (AD 2011–0150), 

to correct an unsafe condition for the 

Agusta A109S and AW109SP 

helicopters. EASA advises that a 

fracture of the left elevator assembly 

part number (P/N) 109–0200–02–601, 

along the riveting of the upper skin to 

the fourth rib has recently occurred on 

an A109S helicopter. The elevator 

assembly, left and right, P/N 109–0200– 

02–601 or –801, and 109–0200–02–602 

or –802, installed on an A109S 

helicopter are very similar to the 

elevator assembly, left and right, P/N 

109–0200–02–803 and –804, installed 

on the AW109SP helicopter. The 

technical investigation conducted by 

Agusta revealed that the crack in the left 

elevator assembly was due to fatigue. 

The EASA AD requires, as an interim 

measure pending the development of a 

terminating action, repetitive 

inspections of the elevator upper skin in 

the area of the fourth rib, and if a crack 

is found, replacing the cracked elevator 

assembly with a serviceable unit or 

contacting Agusta for an approved 

repair. 

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, their 

technical representative, has notified us 

of the unsafe condition described in the 

EASA AD. We are issuing this AD 

because we evaluated all information 

provided by EASA and determined the 

unsafe condition exists and is likely to 

exist or develop on other helicopters of 

these same type designs. 

Related Service Information 

We reviewed Agusta Mandatory 

Bollettino Tecnico (ABT) No. 109S–44 

and No 109SP–032, both dated August 

5, 2011. The ABTs describe procedures 

for visually inspecting with a 5–10X 

magnifying glass to verify the presence 

of cracks on the upper skin of the left 

elevator assembly, P/N 109–0200–02– 

601 or –801, and right elevator 

assembly, P/N 109–0200–02–602 or 

–802, on the A109S and P/N 109–0200– 

02–803 and –804 on the AW109SP. The 

ABTs also provide instructions to carry 

out a dye penetrant inspection if there 

is any doubt as to the presence of a 

crack during the visual inspection. 

EASA classified this service information 

as mandatory and issued AD No. 2011– 

0150 to ensure the continued 

airworthiness of these helicopters. 

AD Requirements 

This AD requires an inspection of the 

area depicted in figure 1 of the 

manufacturer’s service bulletin. 

• For elevator assemblies with less 

than 400 hours time-in-service (TIS), 

upon or before reaching 400 hours TIS, 

and thereafter at intervals not to exceed 

50 hours TIS, inspect with a 10X power 

magnifying glass an area of the left and 

right elevator upper skin for a crack 

along the 4th rib station rivet line. 

• For elevator assemblies with 400 or 

more hours TIS, within 30 hours TIS, 

and thereafter at intervals not to exceed 

50 hours TIS, inspect with a 10X power 

magnifying glass an area of the left and 

right elevator upper skin for a crack 

along the 4th rib station rivet line. 

• Replace any cracked elevator 

assembly with an airworthy elevator 

assembly before further flight. 

Differences Between This AD and the 

EASA AD 

The EASA AD specifies a 5–10X 

power magnifying glass; this AD 

specifies a 10X power or higher 

magnifying glass. 

Costs of Compliance 

We estimate that this AD will affect 

14 helicopters of U.S. Registry. 

We estimate that operators may incur 

the following costs in order to comply 

with this AD. Inspecting the elevator 

assemblies will require 3 work-hours at 

an average labor rate of $85 per hour, for 

a cost of $255 per inspection cycle. To 

replace a cracked elevator assembly 

with an airworthy elevator assembly 

will require 10 work-hours at an average 

labor rate of $85 per hour, and parts will 

cost $19,921, for a cost per helicopter of 

$20,771. 

According to the PAHs service 

information some of the costs of this 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. 

FAA’s Justification and Determination 

of the Effective Date 

Providing an opportunity for public 

comments prior to adopting these AD 

requirements would delay 

implementing the safety actions needed 

to correct this known unsafe condition. 

Therefore, we find that the risk to the 

flying public justifies waiving notice 

and comment prior to the adoption of 

this rule because some of the required 

corrective actions must be accomplished 

within 30 hours time-in-service, a very 

short time period based on the average 

flight-hour utilization rate of these 

helicopters. 

Since an unsafe condition exists that 

requires the immediate adoption of this 

AD, we determined that notice an 

opportunity for public comment before 

issuing this AD are impracticable and 

contrary to the public interest and that 

good cause exists for making this 

amendment effective in less than 30 

days. 

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 AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

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 

that this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under 

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 


srobinson on DSK4SPTVN1PROD with RULES
3384 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared an economic evaluation 

of the estimated costs to comply with 

this 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. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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: 

2011–27–08 Agusta S.p.A.: Amendment 39– 

16910; Docket No. FAA–2011–1454; 

Directorate Identifier 2011–SW–054–AD. 

(a) Applicability 

This AD applies to model A109S and 

AW109SP helicopters with elevator 

assemblies, part number (P/N) 109–0200–02– 

601, 109–0200–02–801, 109–0200–02–602, 

109–0200–02–802, 109–0200–02–803, or 

109–0200–02–804 installed, certificated in 

any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

fatigue crack on the elevator assembly. This 

condition could result in failure of the 

elevator, reduced maneuverability of the 

helicopter, and subsequent loss of control of 

the helicopter. 

(c) Effective Date 

This airworthiness directive (AD) becomes 

effective February 8, 2012. 

(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) Corrective Action 

(1) For elevator assemblies with less than 

400 hours time-in-service (TIS), upon or 

before reaching 400 hours TIS, and thereafter 

at intervals not to exceed 50 hours TIS, 

inspect the left and right elevator upper skin 

along the 4th rib station rivet line from the 

leading edge to 200 mm inboard with a 10X 

or higher magnifying glass for a crack in the 

area depicted in Figure 1 of Agusta 

Mandatory Bollettino Tecnico (ABT) No. 

109S–44 or 109SP–032, both dated August 5, 

2011, for your model helicopter. 

(2) For elevator assemblies with 400 or 

more hours TIS, within the next 30 hours 

TIS, and thereafter at intervals not to exceed 

50 hours TIS, inspect the left and right 

elevator upper skin along the 4th rib station 

rivet line from the leading edge to 200 mm 

inboard with a 10X or higher magnifying 

glass for a crack in the area depicted in 

Figure 1 of the ABT for your model 

helicopter. 

(3) If there is a crack, replace the cracked 

elevator assembly with an airworthy elevator 

assembly before further flight. 

(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, fax (817) 222–5961, email 

jim.grigg@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 (EASA) AD 

No. 2011–0150, dated August 11, 2011. 

(h) Subject 

Joint Aircraft System Component (JASC) 

Code 5520: Elevator Structure. 

(i) Material Incorporated by Reference 

You must use the specified portions of the 

service information specified in this AD to do 

the actions required. The Director of the 

Federal Register approved the incorporation 

by reference of this service information under 

5 U.S.C. 552(a) and 1 CFR part 51. 

(1) Agusta Mandatory Bollettino Tecnico 

No. 109S–44, dated August 5, 2011, for 

model A109S helicopters; or 

(2) Agusta Mandatory Bollettino Tecnico 

No. 109SP–032, dated August 5, 2011, for 

model AW109SP helicopters. 

(3) 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. 

(4) 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 or at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, call (202) 741– 

6030, or go to: http://www.archives.gov/

federal_register/code_of_federal_regulations/

ibr_locations.html 

Issued in Fort Worth, Texas, on December 

27, 2011. 

M. Monica Merritt, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–366 Filed 1–23–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2011–1274; Airspace 

Docket No. 11–ASO–34] 

RIN 2120–AA66 

Amendment of Restricted Areas R– 

3704A and R–3704B; Fort Knox, KY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This action makes several 

editorial corrections to the descriptions 

of restricted areas R–3704A and R– 

3704B, Fort Knox, KY. 

DATES: Effective date 0901 UTC, April 5, 

2012. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace, Regulations and ATC 

Procedures Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

A review of the descriptions of 

restricted areas R–3704A and R–3704B 

at Fort Knox, KY identified the need for 

several editorial corrections. The 

description for R–3704A requires the 

following corrections. In the 

‘‘designated altitudes,’’ the existing 

words ‘‘and including’’ are unnecessary. 

As stated in 14 CFR 73.3, the word ‘‘to’’ 

(an altitude or flight level) means ‘‘to 

and including’’ (that altitude or flight 

level); therefore, the wording of R– 

3704A is being amended to read 

‘‘Surface to 10,000 feet MSL.’’ In 

addition, the current time of designation 

for R–3704A states ‘‘EST’’ (for eastern 

standard time). This is incorrect since 

the restricted area is used year-round 

during both standard and daylight time 

periods. Because the State of Kentucky 

lies within both the eastern and central 

time zones, it is appropriate that the 

time of designation signify which time 

zone is being used for activation of the 

restricted area. Therefore, the R–3704A 

time of designation is being amended by 


srobinson on DSK4SPTVN1PROD with RULES