1654 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules 

Issued in Washington, DC, on December 

23, 2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2012–328 Filed 1–10–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1453; Directorate 

Identifier 2009–SW–46–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 all 

Agusta S.p.A. (Agusta) Model A109, 

A109A, A109A II, A109C, A109K2, 

A109E, A109S, and A119 helicopters. 

This proposed AD is prompted by 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 a 

Model A109E helicopter has 

experienced a failure of the tail rotor 

pitch control link assembly caused by a 

production defect. The proposed actions 

are intended to prevent failure of a tail 

rotor pitch control link and subsequent 

loss of control of the helicopter. 

DATES: We must receive comments on 

this proposed AD by March 12, 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 

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: Gary 

Roach, Aerospace Engineer, Rotorcraft 

Directorate, Regulations and Policy 

Group, FAA, 2601 Meacham Blvd., Fort 

Worth, Texas 76137; telephone (817) 

222–5110; email gary.b.roach@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 EASA, which is the Technical 

Agent for the Member States of the 

European Union, has issued EASA AD 

2006–0228–E, dated July 27, 2006, to 

correct an unsafe condition for Agusta 

Model A109A, A109A II, A109C, 

A109K2, A109E, A109S, A109LUH and 

A119 helicopters. The MCAI AD states 

that an Agusta Model A109E helicopter 

has experienced a failure of the tail rotor 

pitch control link assembly, part 

number 109–0130–05–117, with 10 

flight hours. This proposed AD would 

require actions that are intended to 

prevent failure of a tail rotor pitch 

control link and subsequent loss of 

control of the helicopter. You may 

obtain further information by examining 

the MCAI AD and any related service 

information in the AD Docket. 

FAA’s Determination 

These products have been approved 

by the aviation authority of Italy and are 

approved for operation in the United 

States. Pursuant to our bilateral 

agreement with this State of Design 

Authority, the EASA, their technology 

agents have notified us of the unsafe 

condition described in the MCAI AD 

and service information. We are 

proposing this AD because we evaluated 

all information provided by the EASA 

and determined the unsafe condition 

exists and is likely to exist or develop 

on other products of these same type 

designs. 

Related Service Information 

Agusta has issued Alert Bollettino 

Tecnico (ABT) No. 109S–5, dated July 

26, 2006, for Model A109S helicopters; 

ABT No. 109EP–70, dated July 27, 2006, 

for Model A109E helicopters; ABT No. 

109K–47, dated July 27, 2006, for Model 

A109K2 helicopters; ABT No. 109–122, 

dated July 27, 2006, for Model A109A, 

A109A II, and A109C helicopters; and 

ABT No. 119–15, dated July 27, 2006, 

for Model A119 helicopters. These 

ABTs specify performing a one-time 

inspection of the subject link assembly 

for excessive friction of the spherical 

bearing of the bearing ball and for a 

crack. The EASA classified these ABTs 

as mandatory and issued EASA AD 

2006–0228–E, 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: 

• Before further flight, inspect the 

affected link assembly for freedom of 

movement of the links while it is 

installed on the helicopter. If a rotation 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules 1655 

resistance or binding occurs, before 

further flight, remove the link assembly 

from the helicopter, and either: 

• Replace it with an airworthy link 

assembly with a ‘‘T’’ marked after the 

serial number, or 

• Inspect the link assembly for the 

torsion value force of the ball bearing. 

• If not immediately required by the 

previous paragraph, within 5 hours 

time-in-service, remove the link 

assembly from the helicopter and 

inspect the torsion value force of the 

ball bearing rotation. 

• If the torsion value force in either 

end of the link assembly is greater than 

7.30 N, the link assembly is 

unairworthy. 

• If the torsion value force of the ball 

bearing in both ends of the link 

assembly is equal to or less than 7.30 N, 

inspect the stem of the link assembly for 

a crack. If a crack is found, the link 

assembly is unairworthy. 

• For a link assembly that has been 

inspected and determined not to have a 

crack, before further flight, mark a ‘‘T’’ 

on the link assembly after the serial 

number using an etch pen. 

• For a link assembly which has been 

inspected and determined to be 

unairworthy, before further flight, 

replace the link assembly with an 

airworthy link assembly. Only a link 

assembly with a ‘‘T’’ marked after the 

serial number, documenting that the 

link assembly has been inspected for a 

crack, is eligible for installation. 

Differences Between This Proposed AD 

and the EASA AD 

This proposed AD does not apply to 

uninstalled parts whereas the EASA AD 

does apply to uninstalled parts. This 

proposed AD includes the Agusta Model 

A109 helicopter whereas the EASA AD 

does not. The EASA AD applies to the 

Model A109LUH helicopter, this 

proposal does not. This proposed AD 

does not require accomplishing Part III 

of the ABTs; the EASA AD does. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 203 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 

5 work-hours per helicopter to inspect 

each tail rotor pitch control link 

assembly, the average labor rate is $85 

per work-hour, and required parts 

would cost about $3,188 per helicopter. 

Based on these figures, we estimate the 

total cost to be $733,439, assuming the 

tail rotor pitch control link assembly 

would be replaced on the entire fleet. 

According to the production approval 

holder’s (PAH’s) service information 

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. 

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–2011–1453; 

Directorate Identifier 2009–SW–46–AD. 

(a) Applicability 

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

Model A109, A109A, A109A II, A109C, 

A109K2, A109E, A109S, and A119 

helicopters, with a tail rotor pitch control 

link assembly (link assembly), part number 

(P/N) 109–0130–05–117, with less than 100 

hours time-in-service (TIS) and with a serial 

number (S/N) with a prefix of ‘‘MO’’ and 

S/N 001 through 773 and without the letter 

‘‘T’’ suffix after the S/N, installed, 

certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

failure of the tail rotor pitch control link 

assembly P/N 109–0130–05–117. This 

condition could result in failure of the tail 

rotor pitch control link 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 

(1) Before further flight, inspect the link 

assembly for freedom of movement while it 

is installed on the helicopter. If rotation 

resistance or binding occurs, before further 

flight, remove the link assembly from the 

helicopter, and either: 

(i) Replace it with an airworthy link 

assembly with a ‘‘T’’ marked after the serial 

number, or; 

(ii) Inspect the link assembly for the 

torsion value force of the ball bearing 

rotation, in accordance with paragraph (d)(2) 

of this AD. 

(2) If there is no rotation resistance or 

binding found during the inspection required 

by paragraph (d)(1) of this AD that required 

an immediate torsion value force inspection, 

within 5 hours TIS, remove the link assembly 

from the helicopter and inspect the torsion 

value force of the ball bearing rotation by 

referring to Figure 1 and following the 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
1656 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules 

Compliance Instructions, Part II, paragraphs 

3. through 3.2, of Agusta Alert Bollettino 

Tecnico (ABT) No. 109S–5, dated July 26, 

2006, for Model A109S helicopters; ABT No. 

109EP–70, dated July 27, 2006, for Model 

A109E helicopters; ABT No. 109K–47, dated 

July 27, 2006, for Model A109K2 helicopters; 

ABT No. 109–122, dated July 27, 2006, for 

Model A109, A109A, A109A II, and A109C 

helicopters; or ABT No. 119–15, dated July 

27, 2006, for Model A119 helicopters. 

(i) If the torsion value force of the ball 

bearing in either end of the link assembly is 

greater than 7.30 N, the link assembly is 

unairworthy. 

(ii) If the torsion value force of the ball 

bearing in both ends of the link assembly is 

equal to or less than 7.30 N, after cleaning 

the link assembly stem using aliphatic 

naphtha, or equivalent, and a soft nonmetallic bristle brush, inspect all 4 (four) 

faces of the stem of the link assembly for a 

crack using a 10x or higher magnifying glass. 

If you cannot determine whether there is a 

crack in the stem of the link assembly by 

using a 10x or higher magnifying glass, 

conduct a dye penetrant inspection by 

referring to Figure 1 and following the 

Compliance Instructions, Part II, paragraphs 

6. through 6.7, of the ABT that is applicable 

to your model helicopter. If a crack is found, 

the link assembly is unairworthy. 

(3) For a link assembly which has been 

inspected in accordance with paragraph 

(d)(2)(ii) of this AD and determined to be 

unairworthy, before further flight, replace the 

link assembly with an airworthy link 

assembly. Only a link assembly with a ‘‘T’’ 

marked after the serial number, documenting 

that the link assembly has been inspected for 

a crack, is eligible for installation. 

(e) Alternative Methods of Compliance 

(AMOC) 

(1) The Manager, Safety Management 

Group, Rotorcraft Directorate, FAA, may 

approve AMOCs for this AD. Send your 

proposal to: Gary Roach, Aviation Safety 

Engineer, Regulations and Policy Group, 

Rotorcraft Directorate, FAA, 2601 Meacham 

Blvd., Fort Worth, Texas 76137; telephone 

(817) 222–5110; email gary.b.roach@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. 

(f) Additional Information 

The subject of this AD is addressed in the 

European Aviation Safety Agency (Italy) AD 

2006–0228–E, dated July 27, 2006. 

(g) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6400: Tail Rotor System. 

Issued in Fort Worth, Texas, on December 

27, 2011. 

M. Monica Merritt, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–367 Filed 1–10–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0117; Airspace 

Docket No. 09–AGL–31] 

RIN 2120–AI92 

Proposed Establishment of Restricted 

Areas R–5402, R–5403A, R–5403B, R– 

5403C, R–5403D, R–5403E, R–5403F; 

Devils Lake, ND 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM); extension of comment period. 

SUMMARY: This action extends the 

comment period for an NPRM that was 

published on November 28, 2011. In 

that document, the FAA proposed to 

establish restricted area airspace within 

the Devils Lake East Military Operations 

Area (MOA), overlying Camp Grafton 

Range, in the vicinity of Devils Lake, 

ND. This extension is a result of a 

request from the North Dakota Aviation 

Council (NDAC), representing eight 

member groups including the Airport 

Association of North Dakota, North 

Dakota Business Aviation Association, 

North Dakota Pilots Association, North 

Dakota Professional Aviation Mechanics 

Association, and North Dakota Flying 

Farmers, to extend the comment period 

to the proposal. 

DATES: The comment period for the 

NPRM published on November 28, 2011 

(76 FR 72869), scheduled to close on 

January 12, 2012, is extended until 

February 12, 2012. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2011–0017 and Airspace Docket No. 09– 

AGL–31 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Send comments to U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

• Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

• Hand Delivery: Bring comments to 

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. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to Docket Operations in Room W12– 

140 of the West Building Ground Floor 

at 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Colby Abbott, 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: 

Comments Invited 

The FAA invites interested persons 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, 

please send only one copy of written 

comments, or if you are filing comments 

electronically, please submit your 

comments only one time. 

We will file in the docket all 

comments 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. 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1