Federal Register / Vol. 77, No. 137 / Tuesday, July 17, 2012 / Rules and Regulations 41897 

information. Within 24 months after 

November 5, 2002 (the effective date of AD 

2002–19–11, Amendment 39–12891 (67 FR 

61478, October 1, 2002)), replace the existing 

deactivation pin, pin bushing in the aft 

cascade mounting ring, and pin insert on 

each thrust reverser half, with new, improved 

components, in accordance with Boeing Alert 

Service Bulletin 767–78A0089, Revision 1, 

dated May 30, 2002; or Boeing Alert Service 

Bulletin 767–78A0089, Revision 5, dated 

June 9, 2009. After the effective date of this 

AD, only Boeing Alert Service Bulletin 767– 

78A0089, Revision 5, dated June 9, 2009, 

may be used. 

(2) The new, improved insert flange and 

pin bushing does not physically preclude use 

of a deactivation pin having P/N 315T1604– 

2 or –5. However, use of deactivation pins 

having P/N 315T1604–2 or –5 may not 

prevent the thrust reversers from deploying 

in the event of a full powered deployment. 

Therefore, thrust reversers modified per AD 

2002–19–11, Amendment 39–12891 (67 FR 

61478, October 1, 2002), are required to be 

installed with the new, longer deactivation 

pins having P/N 315T1604–6, as specified in 

Boeing Alert Service Bulletin 767–78A0089, 

Revision 1, dated May 30, 2002; or Boeing 

Alert Service Bulletin 767–78A0089, 

Revision 5, dated June 9, 2009. After the 

effective date of this AD, only Boeing Alert 

Service Bulletin 767–78A0089, Revision 5, 

dated June 9, 2009, may be used to install the 

new, longer deactivation pins. 

(h) New Inspection, Bushing and Pin 

Replacement, and Installation of Stowage 

Bracket 

Within 24 months after the effective date 

of this AD, do the applicable actions 

specified in paragraphs (h)(1) and (h)(2) of 

this AD. 

(1) For Group 2 airplanes, as identified in 

Boeing Alert Service Bulletin 767–78A0089, 

Revision 5, dated June 9, 2009, do a dye 

penetrant inspection for cracking of the rivet 

holes and replace any P/N 315T3222–3 or 

P/N 315T3222–10 bushing and deactivation 

pin with a new or serviceable P/N 315T3221– 

1 bushing and new P/N 315T1604–6 

deactivation pin, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 767–78A0089, Revision 5, 

dated June 9, 2009. If any crack is found in 

the rivet holes of the bushing plate, before 

further flight, repair or replace the bushing 

plate with a new or serviceable bushing 

plate, as applicable, using a method 

approved in accordance with the procedures 

specified in paragraph (j) of this AD. 

(2) For both Group 1 and Group 2 

airplanes, as identified in Boeing Alert 

Service Bulletin 767–78A0089, Revision 5, 

dated June 9, 2009, install a new or 

serviceable stowage bracket assembly (P/N 

015T0196–4 for the right thrust reverser, 

P/N 015T0196–5 for the left thrust reverser), 

in accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

767–78A0089, Revision 5, dated June 9, 

2009. 

(i) Credit for Previous Actions 

This paragraph provides credit for the 

actions specified in paragraphs (g) and (h)(2) 

of this AD, if those actions were performed 

before the effective date of this AD using 

Boeing Service Bulletin 767–78A0089, 

Revision 2, dated March 13, 2003; Boeing 

Service Bulletin 767–78A0089, Revision 3, 

dated December 18, 2003; or Boeing Service 

Bulletin 767–78A0089, Revision 4, dated 

March 6, 2008. 

(j) 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) AMOCs approved previously in 

accordance with AD 2002–19–11, 

Amendment 39–12891 (67 FR 61478, October 

1, 2002), are approved as AMOCs for the 

corresponding provisions of paragraph (g) of 

this AD. 

(k) Related Information 

For more information about this AD, 

contact Rebel Nichols, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; phone: 425–917–6509; fax: 425–917– 

6590; email: rebel.nichols@faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the following service information 

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

(2) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. 

(i) Boeing Alert Service Bulletin 767– 

78A0089, Revision 5, dated June 9, 2009. 

(3) The following service information was 

approved for IBR on November 5, 2002 (67 

FR 61478, October 1, 2002). 

(i) Boeing Alert Service Bulletin 767– 

78A0089, Revision 1, dated May 30, 2002. 

(4) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; email me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

(5) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(6) 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 NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal-register/ 

cfr/ibr_locations.html. 

Issued in Renton, Washington, on June 29, 

2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–16933 Filed 7–16–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0703; Directorate 

Identifier 2010–SW–019–AD; Amendment 

39–17112; AD 2012–13–10] 

RIN 2120–AA64 

Airworthiness Directives; PZL Swidnik 

S.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 the PZL 

Swidnik S.A. (PZL) Model PZL W–3A 

helicopter with a certain generator air 

outlet collector (collector) installed. 

This AD requires modifying the 

generator air outlet collector 

attachments (collector attachments). 

This AD is prompted by an incident 

where cyclic control stick movement 

was restricted due to rotation of a loose 

collector, resulting in locking of the 

longitudinal control system hydraulic 

actuator fork end. These actions are 

intended to prevent rotation of the 

collector, which could lead to restricted 

cyclic control stick movement, and 

subsequent loss of control of the 

helicopter. 

DATES: This AD becomes effective 

August 1, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain documents listed in this AD 

as of August 1, 2012. 

We must receive comments on this 

AD by September 17, 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 


sroberts on DSK5SPTVN1PROD with RULES
41898 Federal Register / Vol. 77, No. 137 / Tuesday, July 17, 2012 / Rules and Regulations 

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, 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 Transportation 

Equipment Factory PZL-S ́ widnik S.A., 

A1. Lotniko ́w Polskich 1, 21–045 

S ́ widnik, Poland; telephone (+48 81) 

468 09 01, 751 20 71; fax (+48 81) 468 

09 19, 751 21 73; or at 

www.pzl.swidnik.pl. 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. 

FOR FURTHER INFORMATION CONTACT: Gary 

Roach, Aviation Safety Engineer, FAA, 

Rotorcraft Directorate, Regulations and 

Policy Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137, telephone 

(817) 222–5110, email 

gary.b.roach@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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD No. 2010– 

0017, dated January 29, 2010, to correct 

an unsafe condition for the PZL Model 

PZL W–3A helicopter with a generator 

air outlet collector, part number (P/N) 

GT40PCz8B, installed. EASA advises 

there was a report of an in-flight 

incident where cyclic control stick 

movement was restricted. Post-flight 

investigation revealed that this incident 

was caused by the rotation of a loose 

collector, resulting in the locking of the 

longitudinal control system hydraulic 

actuator fork end. This condition, if not 

detected, could lead to restricted cyclic 

control stick movement, and subsequent 

loss of control of the helicopter. 

FAA’s Determination 

These helicopters have been approved 

by the aviation authority of Poland and 

are approved for operation in the United 

States. Pursuant to our bilateral 

agreement with Poland, EASA, their 

technical representative, has notified us 

of the unsafe condition described in 

their 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 

this same type design. 

There are no helicopters of this type 

currently registered in the United States. 

However, this rule is necessary to 

ensure that the described unsafe 

condition is addressed if any of these 

helicopters are placed on the U.S. 

Registry in the future. 

Related Service Information 

PZL has issued Service Bulletin No. 

BS–37–09–230, dated October 13, 2009 

(SB), which specifies modifying the 

collector attachments to prevent 

collector rotation. The SB specifies 

installing a cable and reinforcing the 

welded clamping rings’ connections 

with additional rivets. EASA classified 

this SB as mandatory and issued AD No. 

2010–0017 to ensure the continued 

airworthiness of these helicopters. 

AD Requirements 

This AD requires modifying the 

collector attachments with a protective 

cable and additional riveting as 

described in Section II of the 

manufacturer’s service bulletin. 

Differences between this AD and the 

EASA AD 

The EASA AD requires compliance 

within one month after the effective 

date of their AD, while this AD requires 

compliance within 100 hours time-inservice. 

Costs of Compliance 

There are no costs of compliance with 

this AD because there are no helicopters 

with this type certificate on the U.S. 

Registry. 

FAA’s Justification and Determination 

of the Effective Date 

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 unnecessary because 

there are none of these products on the 

U.S. Registry 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; 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 137 / Tuesday, July 17, 2012 / Rules and Regulations 41899 

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. 

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): 

2012–13–10 PZL Swidnik S.A.: 

Amendment 39–17112; Docket No. 

FAA–2012–0703; Directorate Identifier 

2010–SW–019–AD. 

(a) Applicability 

This AD applies to PZL Swidnik S.A. (PZL) 

Model PZL W–3A helicopters with a 

generator air outlet collector, part number 

(P/N) GT40PCz8B; certificated in any 

category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

rotation of the generator air outlet collector, 

which could lead to restricted cyclic control 

stick movement and subsequent loss of 

control of the helicopter. 

(c) Effective Date 

This AD becomes effective August 1, 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 Action 

Within 100 hours time-in-service, modify 

the generator air outlet collector attachments 

in accordance with Section II and Sketches 

1 and 2 of PZL–Swidnik Service Bulletin No. 

BS–37–09–230, dated October 13, 2009. 

(f) Special Flight Permits 

Special flight permits will not be issued. 

(g) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Gary Roach, 

Aviation Safety Engineer, FAA, Rotorcraft 

Directorate, Regulations and Policy Group, 

2601 Meacham Blvd., Fort Worth, Texas 

76137, telephone (817) 222–5110, email 

gary.b.roach@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 (EASA) AD 

2010–0017, dated January 29, 2010. 

(i) Subject 

Joint Aircraft Service Component (JASC) 

Code: 2420: AC Generation 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) Transportation Equipment Factory PZLS

 ́ widnik Service Bulletin No. BS–37–09–230, 

dated October 13, 2009, to do the actions 

required by this AD. 

(ii) Reserved. 

(3) For PZL service information identified 

in this AD, contact Transportation 

Equipment Factory PZL-S ́ widnik S.A., A1. 

Lotniko ́w Polskich 1, 21–045 S ́ widnik, 

Poland; telephone (+48 81) 468 09 01, 751 20 

71; fax (+48 81) 468 09 19, 751 21 73; or at 

www.pzl.swidnik.pl. 

(4) You may view this service information 

at the FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham Blvd., 

Room 663, Fort Worth, Texas 76137. 

(5) You may also view this service 

information 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 July 2, 

2012. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–16939 Filed 7–16–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 177 

[Docket No. FDA–2012–F–0031] 

Indirect Food Additives: Polymers 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA or the Agency) is 

amending the food additive regulations 

to no longer provide for the use of 

polycarbonate (PC) resins in infant 

feeding bottles (baby bottles) and spillproof cups, including their closures and 

lids, designed to help train babies and 

toddlers to drink from cups (sippy cups) 

because these uses have been 

abandoned. The action is in response to 

a petition filed by the American 

Chemistry Council. 

DATES: This rule is effective July 17, 

2012. Submit either electronic or 

written objections and requests for a 

hearing by August 16, 2012. See section 

VIII of this document for information on 

the filing of objections. 

ADDRESSES: You may submit either 

electronic or written objections and 

requests for a hearing, identified by 

Docket No. FDA–2012–F–0031, by any 

of the following methods: 

Electronic Submissions 

Submit electronic objections in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written objections in the 

following ways: 

• FAX: 301–827–6870. 

• Mail/Hand delivery/Courier (for 

paper or CD–ROM submissions): 

Division of Dockets Management (HFA– 

305), Food and Drug Administration, 

5630 Fishers Lane, rm. 1061, Rockville, 

MD 20852. 

Instructions: All submissions received 

must include the Agency name and 

Docket No. FDA–2012–F–0031 for this 

rulemaking. All objections received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

comments, see the section VIII. 

Objections in the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: For access to the docket to 

read background documents or 


sroberts on DSK5SPTVN1PROD with RULES