Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Rules and Regulations 76381 

margins, an increase in flight crew 

workload, discomfort to the flight crew, 

or physical distress to the passengers or 

cabin crew, possibly including non-fatal 

injuries. Significant transients do not 

require, in order to remain within or 

recover to the normal flight envelope, 

any of the following: 

i. Exceptional piloting skill, alertness, 

or strength. 

ii. Forces applied by the pilot which 

are greater than those specified in 

§ 23.143(c). 

iii. Accelerations or attitudes in the 

airplane that might result in further 

hazard to secured or non-secured 

occupants. 

It must also be demonstrated, through 

tests and analysis, that no single failure 

or malfunction or probable 

combinations of failures of the auto 

thrust system components results in the 

probability for LOTC, or un-commanded 

thrust changes and transients that result 

in an LOTC event, to exceed the 

following: 

(1) Average Events per Million Hours: 10 

(1×10¥05 per hour) 

(2) Maximum Events per Million Hours: 100 

(1×10¥04 per hour) 

Note: The term ‘‘probable’’ in the context 

of ‘‘probable combination of failures’’ does 

not have the same meaning as used for a 

safety assessment process. The term 

‘‘probable’’ in ‘‘probable combination of 

failures’’ means ‘‘foreseeable,’’ or those 

failure conditions anticipated to occur one or 

more times during the operational life of each 

airplane. 

Issued in Kansas City, Missouri, on 

December 2, 2015. 

Patrick Mullen, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2015–31058 Filed 12–8–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–3783; Directorate 

Identifier 2015–SW–027–AD; Amendment 

39–18342; AD 2015–25–04] 

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 Agusta 

S.p.A. (Agusta) Model A109A and 

A109A II helicopters. This AD requires 

inspecting the slider assembly pitch 

control (slider) for play and replacing 

the slider if the play exceeds certain 

limits. This AD is prompted by a report 

of excessive slider play and wear that 

was detected during a scheduled 

inspection of a Model A109A II 

helicopter. These actions are intended 

to detect and prevent excessive wear 

and play on a slider, which could lead 

to loss of tail rotor pitch control and 

consequently loss of helicopter control. 

DATES: This AD becomes effective 

December 24, 2015. 

We must receive comments on this 

AD by February 8, 2016. 

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 by searching for 

and locating Docket No. FAA–2015– 

3783; 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 European Aviation 

Safety Agency (EASA) 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 AgustaWestland, 

Product Support Engineering, Via del 

Gregge, 100, 21015 Lonate Pozzolo (VA) 

Italy, ATTN: Maurizio D’Angelo; 

telephone 39–0331–664757; fax 39– 

0331–664680; or at http://

www.agustawestland.com/technicalbulletins. You may review the 

referenced service information at the 

FAA, Office of the Regional Counsel, 

Southwest Region, Room 6N–321, 10101 

Hillwood Pkwy, Fort Worth, TX 76177. 

FOR FURTHER INFORMATION CONTACT: 

Martin R. Crane, Aviation Safety 

Engineer, Safety Management Group, 

Rotorcraft Directorate, FAA, 10101 

Hillwood Pkwy, Fort Worth, TX 76177; 

telephone (817) 222–5110; email 

martin.r.crane@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 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 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD No. 2015– 

0097, dated June 1, 2015, to correct an 

unsafe condition for Agusta Model 

A109A and A109A II helicopters. EASA 

advises that during a scheduled 100- 

flight-hour inspection on a Model 

A109A II helicopter, unusual play was 

detected on a part number (P/N) 109– 

0130–11–7 slider. Further investigation 

revealed excessive wear of the slider 

broaching at the point of contact with 

the tail rotor shaft. However, the cause 

of the excessive play and wear has not 

been determined. 

This condition, if not detected and 

corrected, could lead to reduced control 

of the helicopter, EASA advises. EASA 

consequently requires repetitive 

inspections of slider P/N 109–0130–11– 

7 more frequently than those performed 

at the 100-flight-hour inspection and 

corrective actions depending on the 

findings. EASA advises that its AD is an 

interim measure and further AD action 

may follow. 


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76382 Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Rules and Regulations 

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 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 AgustaWestland 

Bollettino Tecnico No. 109–149, dated 

May 29, 2015, for Model A109A and 

A109A II helicopters. The bulletin states 

that during a 100-flight-hour inspection 

of a Model A109A II helicopter, 

‘‘anomalous’’ play was found on a P/N 

109–0130–11–7 slider. After the slider 

was removed and inspected, extended, 

unusual wear of the broaching in the 

point of contact with the tail rotor shaft 

was found. Agusta states that the 

investigation is ongoing, but as a 

precautionary measure it is reducing the 

slider inspection intervals from 100 

flight hours to 25 flight hours. 

AD Requirements 

This AD requires, within 25 hours 

time-in-service (TIS) and thereafter at 

intervals not to exceed 25 hours TIS, 

inspecting the slider for play. If there is 

any play that exceeds 2.3 millimeters 

(0.09 inch), this AD requires replacing 

the slider with an airworthy slider 

before further flight. 

Interim Action 

We consider this AD to be an interim 

action. The design approval holder has 

not determined the cause of the unsafe 

condition identified in this AD. If a 

cause is determined and actions 

developed to address the cause, we 

might consider additional rulemaking. 

Costs of Compliance 

We estimate that this AD will affect 

36 helicopters of U.S. Registry and that 

labor costs average $85 a work-hour. 

Based on these estimates, we expect the 

following costs: 

• Inspecting the slider for play 

requires 1 work-hour for a labor cost of 

$85 per helicopter and $3060 for the 

U.S. fleet. 

• Replacing the slider requires 10 

work-hours and $4068 in parts for a 

total cost of $4918 per helicopter. 

According to Agusta’s 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 Agusta. 

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 the unsafe condition 

can adversely affect control of the 

helicopter and the required corrective 

actions must be accomplished within 25 

hours TIS. These helicopters have a 

variety of uses, including search-andrescue and medical flights, and are 

expected to accumulate 25 hours TIS 

within a few weeks. 

Since an unsafe condition exists that 

requires the immediate adoption of this 

AD, we determined that notice and 

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 

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 airworthiness 

directive (AD): 

2015–25–04 Agusta S.p.A.: Amendment 39– 

18342; Docket No. FAA–2015–3783; 

Directorate Identifier 2015–SW–027–AD. 

(a) Applicability 

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

Model A109A and A109A II helicopters with 

a slider assembly pitch control (slider) part 

number 109–0130–11–7 installed, 

certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

excessive wear and play on a slider. This 

condition could result in loss of tail rotor 

pitch control and consequently loss of 

helicopter control. 

(c) Effective Date 

This AD becomes effective December 24, 

2015. 

(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 

Within 25 hours time-in-service (TIS) and 

thereafter at intervals not to exceed 25 hours 


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Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Rules and Regulations 76383 

TIS, inspect the slider for play. If there is 

play greater than 2.3 millimeters (0.09 inch), 

replace the slider with an airworthy slider 

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: Martin R. Crane, 

Aviation Safety Engineer, Safety Management 

Group, Rotorcraft Directorate, FAA, 10101 

Hillwood Pkwy, Fort Worth, TX 76177; 

telephone (817) 222–5110; email 9-ASWFTW-AMOC-Requests@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) AgustaWestland Bollettino Tecnico No. 

109–149, dated May 29, 2015, which is not 

incorporated by reference, contains 

additional information about the subject of 

this AD. For service information identified in 

this AD, contact AgustaWestland, Product 

Support Engineering, Via del Gregge, 100, 

21015 Lonate Pozzolo (VA) Italy, ATTN: 

Maurizio D’Angelo; telephone 39–0331– 

664757; fax 39–0331–664680; or at http://

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

service information at the FAA, Office of the 

Regional Counsel, Southwest Region, Room 

6N–321, 10101 Hillwood Pkwy, Fort Worth, 

TX 76177. 

(2) The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2015–0097, dated June 1, 2015. You may 

view the EASA AD on the Internet at 

http://www.regulations.gov by searching for 

and locating it in Docket No. FAA–2015– 

3783. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6720, Tail Rotor Control System. 

Issued in Fort Worth, Texas, on December 

2, 2015. 

James A. Grigg, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2015–30973 Filed 12–8–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 730, 734, 736, 742, 744, 

and 745 

[Docket No. 151123999–5999–01] 

RIN 0694–AG78 

Updated Statements of Legal Authority 

for the Export Administration 

Regulations 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule updates the Code of 

Federal Regulations (CFR) legal 

authority citations in the Export 

Administration Regulations (EAR) to 

cite the most recent Presidential notice 

continuing an emergency declared 

pursuant to the International Emergency 

Economic Powers Act. This is a nonsubstantive rule that only updates 

authority paragraphs of the EAR. It does 

not alter any right, obligation or 

prohibition that applies to any person 

under the EAR. 

DATES: The rule is effective December 9, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

William Arvin, Regulatory Policy 

Division, Bureau of Industry and 

Security, email william.arvin@

bis.doc.gov or telephone: (202) 482– 

2440. 

SUPPLEMENTARY INFORMATION: 

Background 

The authority for parts 730, 734, 736, 

742, 744, and 745 of the EAR rests, in 

part, on Executive Order 12938 of 

November 14, 1994—Proliferation of 

Weapons of Mass Destruction, 59 FR 

59099, 3 CFR, 1994 Comp., p. 950 and 

on annual notices continuing the 

emergency declared in that executive 

order. This rule revises the authority 

citations for the affected parts to cite the 

most recent such notice, which the 

President signed on November 12, 2015. 

This rule is purely non-substantive, 

and makes no changes other than to 

revise CFR authority citations for the 

purpose of making the authority 

citations current. It does not change the 

text of any section of the EAR, nor does 

it alter any right, obligation or 

prohibition that applies to any person 

under the EAR. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). This rule does not impose any 

regulatory burden on the public and is 

consistent with the goals of Executive 

Order 13563. This rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule does 

not involve any collection of 

information. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The Department finds that there is 

good cause under 5 U.S.C. 553(b)(B) to 

waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because they are 

unnecessary. This rule only updates 

legal authority citations. It clarifies 

information and is non-discretionary. 

This rule does not alter any right, 

obligation or prohibition that applies to 

any person under the EAR. Because 

these revisions are not substantive 

changes, it is unnecessary to provide 

notice and opportunity for public 

comment. In addition, the 30-day delay 

in effectiveness otherwise required by 5 

U.S.C. 553(d) is not applicable because 

this rule is not a substantive rule. 

Because neither the Administrative 

Procedure Act nor any other law 

requires that notice of proposed 

rulemaking and an opportunity for 

public comment be given for this rule, 

the analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) are not applicable. Accordingly, 

no Regulatory Flexibility Analysis is 

required and none has been prepared. 

List of Subjects 

15 CFR Part 730 

Administrative practice and 

procedure, Advisory committees, 

Exports, Reporting and recordkeeping 

requirements, Strategic and critical 

materials. 


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