Federal Register / Vol. 76, No. 94 / Monday, May 16, 2011 / Rules and Regulations 28169 

2 12 U.S.C. 4802. 

3 5 U.S.C. 603, 604. 

an immediate effective date. For the 

same reasons, the FDIC finds that there 

is good cause for this Final Rule to take 

effect immediately upon publication in 

the Federal Register. The Final Rule is 

identical to the Interim Final Rule that 

became effective on November 30, 2010. 

No purpose would be served by 

delaying the Final Rule’s effective date. 

B. Riegle Community Development and 

Regulatory Improvement Act 

The Riegle Community Development 

and Regulatory Improvement Act 

provides that any new regulations or 

amendments to regulations prescribed 

by a Federal banking agency that impose 

additional reporting, disclosures, or 

other new requirements on insured 

depository institutions shall take effect 

on the first day of a calendar quarter 

which begins on or after the date on 

which the regulations are published in 

final form, unless the agency 

determines, for good cause published 

with the rule, that the rule should 

become effective before such time.2 For 

the same reasons discussed above, the 

FDIC finds that good cause exists for an 

immediate effective date for the Final 

Rule. 

C. Paperwork Reduction Act 

The Final Rule contains no new 

collections of information as defined by 

the Paperwork Reduction Act. 

D. Regulatory Flexibility Act 

Pursuant to the Regulatory Flexibility 

Act (RFA), a regulatory flexibility 

analysis is required only when the 

agency must publish a notice of 

proposed rulemaking.3 As discussed in 

the Interim Final Rule and above, the 

FDIC has determined for good cause that 

general notice and opportunity for 

comment is unnecessary. Therefore, the 

RFA, pursuant to 5 U.S.C. 601(2), does 

not apply. 

E. Small Business Regulatory 

Enforcement Fairness Act 

The Office of Management and Budget 

(OMB) has determined that the Final 

Rule is not a ‘‘major rule’’ within the 

meaning of the relevant sections of the 

Small Business Regulatory Enforcement 

Act of 1996 (SBREFA) (5 U.S.C. 801, et 

seq.). 

As required by SBREFA, the FDIC 

will file the appropriate reports with 

Congress and the General Accounting 

Office so that the Final Rule may be 

reviewed. 

F. The Treasury and General 

Government Appropriations Act, 1999— 

Assessment of Federal Regulations and 

Policies on Families 

The FDIC has determined that the 

Final Rule will not affect family wellbeing within the measure of section 654 

of the Treasury and General 

Government Appropriations Act, 

enacted as part of the Omnibus 

Consolidated and Emergency 

Supplemental Appropriations Act of 

1999 (Pub. L. 105–277, 112 Stat. 2681). 

G. Plain Language 

Section 722 of the Gramm-LeachBliley Act, Public Law 106–102, 113 

Stat. 1338, 1471 (November 12, 1999), 

requires the federal banking agencies to 

use plain language in all proposed and 

final rules published after January 1, 

2000. The FDIC has sought to present 

the revisions to Part 335 in a simple and 

straightforward manner. It requested 

comments on all aspects of the Interim 

Final Rule and received none. 

List of Subjects in 12 CFR Part 335 

Accounting, Banks, Banking, 

Confidential business information, 

Reporting and recordkeeping 

requirements, Securities. 

PART 335—SECURITIES OF 

NONMEMBER INSURED BANKS 

■ Accordingly, the interim rule 

amending 12 CFR part 335 which was 

published at 75 FR 73947 on November 

30, 2010, is adopted as a final rule 

without change. 

[FR Doc. 2011–11788 Filed 5–13–11; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0452; Directorate 

Identifier 2008–SW–27–AD; Amendment 39– 

16692; AD 2011–10–11] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Model AB412 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 AB412 

helicopters. This AD results from 

mandatory continuing airworthiness 

information (MCAI) originated by the 

aviation authority of Italy to identify 

and correct an unsafe condition related 

to the rescue hoist hook installed on this 

model helicopter. The aviation authority 

of Italy, with which we have a bilateral 

agreement, states in the MCAI that a 

missing lock pin may cause the loss of 

the hoist hook and any load. The 

absence of the lock pin constitutes an 

unsafe condition, and this AD is 

intended to detect the presence of an 

identification plate marked ‘‘BT 412– 

124,’’ which indicates that the hook 

assembly has the lock pin installed to 

prevent the loss of a rescue hoist hook 

and its load. 

DATES: This AD becomes effective on 

May 31, 2011. 

We must receive comments on this 

AD by July 15, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery: 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. 

You may get the service information 

identified in this AD from Via Giovanni 

Agusta, 520 21017 Cascina Costa di 

Samarate (VA), Italy, telephone 39 

0331–229111, fax 39 0331–229605/ 

222595, or at http:// 

customersupport.agusta.com/ 

technical_advice.php. 

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 FURTHER INFORMATION CONTACT: 

George Schwab, Aerospace Engineer, 

Safety Management Group, FAA, 

Rotorcraft Directorate, 2601 Meacham 

Blvd., Fort Worth, TX 76137; telephone 

(817) 222–5114; fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 


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28170 Federal Register / Vol. 76, No. 94 / Monday, May 16, 2011 / Rules and Regulations 

Discussion 

The Ente Nazionale Per L’Aviazione 

Civile (ENAC), which is the aviation 

authority for Italy, has issued Italian 

Airworthiness Directive No. 2008–62, 

dated February 19, 2008 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for these Italiancertificated helicopters. The MCAI 

states that a missing lock pin may cause 

the loss of the hoist hook and any load. 

The absence of the lock pin constitutes 

an unsafe condition, and this AD is 

intended to detect the presence of an 

identification plate marked ‘‘BT 412– 

124,’’ which indicates that the hook 

assembly has the lock pin installed to 

prevent the loss of a rescue hoist hook 

and its load. 

You may obtain further information 

by examining the MCAI and service 

information in the AD docket. 

Related Service Information 

Agusta has issued Alert Bollettino 

Tecnico No. 412–124, dated February 

19, 2008, that describes performing a 

one-time inspection to verify the 

presence of a lock pin in the installed 

and spare hoist hook assemblies, 

returning the hoist hook assembly to 

Agusta if it is missing a lock pin, or 

installing a plate on the hoist showing 

compliance with the inspection if a lock 

pin is present. The actions described in 

this service information are intended to 

correct the same unsafe condition as 

that identified in the MCAI. 

FAA’s Evaluation and Unsafe Condition 

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, they have notified 

us of the unsafe condition described in 

the MCAI. We are issuing this AD 

because we evaluated all information 

and determined the unsafe condition 

exists and is likely to exist or develop 

on other helicopters of this same type 

design. 

Differences Between This AD and the 

MCAI 

This AD differs from the MCAI as 

follows: 

• We do not require inspecting spare 

part hook assemblies. 

• We do not require a March 31, 2008 

compliance time because that date has 

passed. 

• We do not require returning a hook 

assembly in which there is no lock pin 

installed to the manufacturer. 

These differences are highlighted in 

the ‘‘Differences Between this AD and 

the MCAI’’ section in the AD. 

Costs of Compliance 

There are no costs of compliance 

since there are no helicopters of this 

type design on the U.S. Registry. 

FAA’s Determination of the Effective 

Date 

Since there are currently no affected 

U.S. registered helicopters, we have 

determined that notice and opportunity 

for prior public comment before issuing 

this AD are unnecessary, and that good 

cause exists for making this amendment 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2011–0452; 

Directorate Identifier 2008–SW–27–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

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 above, I 

certify this AD: 

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); and 

3. 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 AD: 

2011–10–11 AGUSTA S.p.A.: Amendment 

39–16692. Docket No. FAA–2011–0452; 

Directorate Identifier 2008–SW–27–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective on May 31, 2011. 

Other Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model AB412 

helicopters, with rescue hoist assembly, part 

number (P/N) BL–10300–60 or P/N 412– 

8800–01–315 with a rescue hook assembly, 

P/N S6150–61090–1 or P/N 412–8800–05– 

101, installed, certificated in any category. 

Reason 

(d) The mandatory continued 

airworthiness information (MCAI) states that 

a missing lock pin may cause the loss of the 

hoist hook and any load. The absence of the 

lock pin constitutes an unsafe condition and 

this AD is intended to detect the absence of 

this lock pin to prevent the loss of a rescue 

hoist hook and its load. 


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Federal Register / Vol. 76, No. 94 / Monday, May 16, 2011 / Rules and Regulations 28171 

Actions and Compliance 

(e) Before further flight, unless 

accomplished previously, inspect the rescue 

hoist hook assembly (hook assembly) for the 

presence of an attached identification plate 

marked ‘‘BT 412–124.’’ 

(1) If this identification plate is installed on 

the hook assembly, no further action is 

required. 

(2) If this identification plate is not 

installed on the hook assembly: 

(i) Review the hook assembly maintenance 

records to determine if the hook assembly 

was manufactured after April 1, 2008. If so, 

no further action is required. 

(ii) If the hook assembly date of 

manufacture is March 31, 2008, or earlier or 

if the date of manufacture cannot be 

determined, replace the hook assembly with 

an airworthy hook assembly that was either 

manufactured after April 2, 2008, or has an 

identification plate installed that is marked 

‘‘BT 412–124.’’ 

Differences Between This AD and the MCAI 

(f) This AD differs from the MCAI as 

follows: 

(1) We do not require inspecting spare part 

hook assemblies. 

(2) We do not require a March 31, 2008 

compliance time because that date has 

passed. 

(3) We do not require returning a hook 

assembly in which there is no lock pin 

installed to the manufacturer. 

Other Information 

(g) Alternative Methods of Compliance 

(AMOCs): The Manager, Safety Management 

Group, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. Send 

information to ATTN: George Schwab, 

Aerospace Engineer, Safety Management 

Group, FAA, Rotorcraft Directorate, 2601 

Meacham Blvd., Fort Worth, TX 76137; 

telephone (817) 222–5114; fax (817) 222– 

5961. 

Related Information 

(h) Mandatory Continuing Airworthiness 

Information (MCAI) Ente Nazionale Per 

L’Aviazone Civile (ENAC) Airworthiness 

Directive No. 2008–62, dated February 19, 

2008, and Agusta Alert Bollettino Tecnico 

No. 412–124, dated February 19, 2008, 

contain related information. 

(i) The Joint Aircraft System Component 

(JASC)/Air Transport Association (ATA) of 

America Code is 2550, External Load 

Handling Equipment. 

Issued in Fort Worth, Texas, on April 28, 

2011. 

Scott A. Horn, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–11797 Filed 5–13–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30781; Amdt. No. 3424] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, adding new 

obstacles, or changing air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective May 16, 

2011. The compliance date for each 

SIAP, associated Takeoff Minimums, 

and ODP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of May 16, 

2011. 

ADDRESSES: Availability of matters 

incorporated by reference in the 

amendment is as follows: 

For Examination— 

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; 

2. The FAA Regional Office of the 

region in which the affected airport is 

located; 

3. The National Flight Procedures 

Office, 6500 South MacArthur Blvd., 

Oklahoma City, OK 73169 or 

4. 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. 

Availability—All SIAPs and Takeoff 

Minimums and ODPs are available 

online free of charge. Visit http:// 

www.nfdc.faa.gov to register. 

Additionally, individual SIAP and 

Takeoff Minimums and ODP copies may 

be obtained from: 

1. FAA Public Inquiry Center (APA– 

200), FAA Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; or 

2. The FAA Regional Office of the 

region in which the affected airport is 

located. 

FOR FURTHER INFORMATION CONTACT: 

Harry J. Hodges, Flight Procedure 

Standards Branch (AFS–420), Flight 

Technologies and Programs Divisions, 

Flight Standards Service, Federal 

Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd. Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082, Oklahoma City, OK 73125) 

Telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This rule 

amends Title 14 of the Code of Federal 

Regulations, part 97 (14 CFR part 97), by 

establishing, amending, suspending, or 

revoking SIAPS, Takeoff Minimums 

and/or ODPS. The complete regulators 

description of each SIAP and its 

associated Takeoff Minimums or ODP 

for an identified airport is listed on FAA 

form documents which are incorporated 

by reference in this amendment under 5 

U.S.C. 552(a), 1 CFR part 51, and 14 

CFR part 97.20. The applicable FAA 

Forms are FAA Forms 8260–3, 8260–4, 

8260–5, 8260–15A, and 8260–15B when 

required by an entry on 8260–15A. 

The large number of SIAPs, Takeoff 

Minimums and ODPs, in addition to 

their complex nature and the need for 

a special format make publication in the 

Federal Register expensive and 

impractical. Furthermore, airmen do not 

use the regulatory text of the SIAPs, 

Takeoff Minimums or ODPs, but instead 

refer to their depiction on charts printed 

by publishers of aeronautical materials. 

The advantages of incorporation by 

reference are realized and publication of 

the complete description of each SIAP, 

Takeoff Minimums and ODP listed on 

FAA forms is unnecessary. This 

amendment provides the affected CFR 

sections and specifies the types of SIAPs 

and the effective dates of the associated 

Takeoff Minimums and ODPs. This 

amendment also identifies the airport 

and its location, the procedure, and the 

amendment number. 

The Rule 

This amendment to 14 CFR part 97 is 

effective upon publication of each 

separate SIAP, Takeoff Minimums and 

ODP as contained in the transmittal. 

Some SIAP and Takeoff Minimums and 


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