Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 64699 

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): 

2012–21–02 The Boeing Company: 

Amendment 39–17218; Docket No. 

FAA–2011–0567; Directorate Identifier 

2010–NM–272–AD. 

(a) Effective Date 

This AD is effective November 27, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 767–200, –300, –300F, and –400ER 

series airplanes, certificated in any category, 

as identified in Boeing Special Attention 

Service Bulletin 767–57–0121, Revision 1, 

dated July 27, 2011. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 57, Wings. 

(e) Unsafe Condition 

This AD was prompted by a design review 

following a ground fire incident and reports 

of flammable fluid leaks from the wing 

leading edge area onto the engine exhaust 

area. We are issuing this AD to prevent 

flammable fluid from leaking onto the engine 

exhaust nozzle, which could result in a fire. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Drain Path Modification 

Within 60 months after the effective date 

of this AD, modify the fluid drain path in the 

leading edge area of the wing, in accordance 

with the Accomplishment Instructions of 

Boeing Special Attention Service Bulletin 

767–57–0121, Revision 1, dated July 27, 

2011, as revised by Boeing Special Attention 

Service Bulletin 767–57–0121, Revision 2, 

dated January 10, 2012. 

(h) Credit for Previous Actions 

This paragraph provides credit for the 

modification required by paragraph (g) of this 

AD, if that modification was performed 

before the effective date of this AD using 

Boeing Special Attention Service Bulletin 

767–57–0121, dated October 7, 2010, which 

is not incorporated by reference in this AD. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle 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. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(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, Seattle 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(j) Related Information 

(1) For more information about this AD, 

contact Tung Tran, Aerospace Engineer, 

Propulsion Branch, ANM–140S, Seattle 

Aircraft Certification Office (ACO), FAA, 

1601 Lind Avenue SW., Renton, WA 98057– 

3356; phone: 425–917–6505; fax: 425–917– 

6590; email: Tung.Tran@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, WA 98124–2207; phone: 206–544– 

5000, extension 1; fax: 206–766–5680; 

Internet: https://www.myboeingfleet.com. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Boeing Special Attention Service 

Bulletin 767–57–0121, Revision 1, dated July 

27, 2011. 

(ii) Boeing Special Attention Service 

Bulletin 767–57–0121, Revision 2, dated 

January 10, 2012. 

(3) For service information identified in 

this AD contact, Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, WA 98124–2207; phone: 206–544– 

5000, extension 1; fax: 206–766–5680; 

Internet: https://www.myboeingfleet.com. 

(4) You may review copies of the 

referenced service information at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue SW., Renton, WA. For information 

on the availability of this material at the 

FAA, call 425–227–1221. 

(5) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call 202–741– 

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

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

Issued in Renton, Washington, on October 

9, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–25672 Filed 10–22–12; 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; Amendment 

39–17223; AD 2012–21–07] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for Agusta 

S.p.A. (Agusta) Model A109S 

helicopters to require modifying the 

electrical power distribution system to 

carry a higher electrical load. This AD 

was 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 actions of this AD 

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, 

and subsequent loss of control of the 

helicopter. 

DATES: This AD is effective November 

27, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain document listed in this AD 

as of November 27, 2012. 

ADDRESSES: For service information 

identified in this 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 the 

referenced service information at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham 

Blvd., Room 663, Fort Worth, Texas 

76137. 

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 


tkelley on DSK3SPTVN1PROD with RULES
64700 Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 

through Friday, except Federal holidays. 

The AD docket contains this AD, any 

incorporated-by-reference service 

information, the economic evaluation, 

any comments received, and other 

information. The street address for the 

Docket Operations Office (phone: 800– 

647–5527) is U.S. Department of 

Transportation, Docket Operations 

Office, M–30, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

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: 

Discussion 

On May 9, 2012, at 77 FR 27144, the 

Federal Register published our Notice 

of Proposed Rulemaking (NPRM), which 

proposed to amend 14 CFR part 39 to 

include an AD that would apply to 

Agusta Model A109S helicopters, serial 

numbers up to and including 22151. 

That NPRM proposed to require 

compliance with specified portions of 

the manufacturer’s service bulletin to 

modify the electrical power distribution 

system by installing a ‘‘BATT BUS’’ 

Circuit Breaker Modification Kit, part 

number 109–0824–73–107, and testing 

for proper functioning of the electrical 

system. The proposed requirements 

were intended to prevent failure of the 

circuit breaker, loss of electrical power 

to instruments powered by the ‘‘BATT 

BUS’’ system, and subsequent loss of 

control of the helicopter. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States 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 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 helicopter due to 

the design commonality between the 

electrical power distribution system of 

the Model A109E and A109S 

helicopters. The FAA is issuing this AD 

for the Model A109S helicopter to 

correct this same unsafe condition. 

Comments 

We gave the public the opportunity to 

participate in developing this AD, but 

we did not receive any comments on the 

NPRM (77 FR 27144, May 9, 2012). 

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 

the same type design and that air safety 

and the public interest require adopting 

the AD requirements as proposed. 

Differences Between This AD and the 

EASA AD 

This AD does not reference the 

calendar date of June 30, 2010, which 

has already passed. 

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. EASA classified this BT as 

mandatory and issued AD No. 2009– 

0264, dated December 15, 2009, to 

ensure the continued airworthiness of 

these helicopters. 

Costs of Compliance 

We estimate that this AD will affect 

15 helicopters of U.S. Registry. We 

estimate that operators may incur the 

following costs in order to comply with 

this AD. It will take about 8 work-hours 

per helicopter to install the ‘‘BATT 

BUS’’ circuit breaker modification kit at 

an average labor rate of $85 per workhour and required parts will cost about 

$471 per helicopter. Based on these 

figures, we estimate the total cost 

impact of this AD on U.S. operators to 

be $17,265. 

According to the Agusta 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. 

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 

helicopters identified in this rulemaking 

action. 

Regulatory Findings 

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 above, 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: 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 64701 

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): 

2012–21–07—AGUSTA S.p.A. (Agusta): 

Amendment 39–17223; Docket No. 

FAA–2012–0448; Directorate Identifier 

2010–SW–016–AD. 

(a) Applicability 

This AD applies to 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) Effective Date 

This AD becomes effective November 27, 

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) 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. 

(f) Special Flight Permits 

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. 

(g) Alternative Methods of Compliance 

(AMOCs) 

(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 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. 

(h) Additional Information 

The subject of this AD is addressed in 

European Aviation Safety Agency AD No. 

2009–0264, dated December 15, 2009. 

(i) Subject 

Joint Aircraft Service Component (JASC) 

Code: 2460, DC Power/Distribution System. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Agusta Bollettino Tecnico No. 109S–35, 

dated December 11, 2009. 

(ii) Reserved. 

(3) For Agusta service information 

identified in this 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/technicalbullettins. 

(4) You may view this service information 

at FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham Blvd., 

Room 663, Fort Worth, Texas 76137. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this service information 

that is incorporated by reference 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/ibrlocations.html. 

Issued in Fort Worth, Texas, on October 12, 

2012. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–25896 Filed 10–22–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0144; Directorate 

Identifier 2011–NM–152–AD; Amendment 

39–17220; AD 2012–21–04] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Airbus Model A300 series airplanes; 

Model A310 series airplanes; and Model 

A300 B4–600, B4–600R, and F4–600R 

series airplanes, and Model A300 C4– 

605R Variant F airplanes (collectively 

called Model A300–600 series 

airplanes). This AD was prompted by 

reports of cracked fuel pump canister 

hoods located in fuel tanks. This AD 

requires replacing any cracked hood 

halves of fuel pump canisters. We are 

issuing this AD to prevent any detached 

canister hood fragments/debris from 

being ingested into the fuel feed system, 

and becoming a potential source of 

ignition with consequent fire or 

explosion. 

DATES: This AD becomes effective 

November 27, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of November 27, 2012. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2125; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on February 22, 2012 (77 FR 

10409). That NPRM proposed to correct 


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