63374 Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Rules and Regulations 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) Airbus Service Bulletin A300–57–0142, 

Revision 04, dated March 30, 2011. 

(ii) Airbus Service Bulletin A300–57–143, 

Revision 2, dated July 10, 1989. Pages 1, 3, 

4, 7, 10, 13, and 14 of this document are 

identified as Revision 2, dated July 10, 1989; 

pages 2 and 8 are identified as original, dated 

December 12, 1986; and pages 5, 6, 9, 11, 12, 

and 15 are identified as Revision March 19, 

1987. 

(iii) Airbus Service Bulletin A300–57– 

6010, Revision 05, dated February 21, 2011. 

(iv) Airbus Service Bulletin A300–57– 

6011, Revision 2, dated July 10, 1989. Pages 

1, 2, 5, 7, 8, 11, and 12 of this document are 

identified as Revision 2, dated July 10, 1989; 

pages 3, 4, and 13 are identified as Revision 

1, dated March 19, 1987; and pages 6, 9, 10 

are identified as original, dated December 17, 

1986. 

(3) For service information identified in 

this AD, contact Airbus SAS, Airworthiness 

Office—EAW, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 44 51; email account.airworth-eas@

airbus.com; Internet http://www.airbus.com. 

(4) You may view this 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 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 Renton, Washington, on August 

24, 2016. 

John P. Piccola, Jr., 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–21146 Filed 9–14–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–3781; Directorate 

Identifier 2015–SW–048–AD; Amendment 

39–18649; AD 2016–18–18] 

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 A109A, A109A II, 

A109C, A109E, A109K2, A109S, and 

AW109SP helicopters. This AD requires 

visually inspecting the tail rotor drive 

shaft assembly (drive shaft) for a crack. 

This AD was prompted by the discovery 

of three cracks on the drive shaft of a 

Model A109S helicopter. The actions of 

this AD are intended to detect a crack 

on the drive shaft to prevent failure of 

the driveshaft, failure of the tail rotor, 

and subsequent loss of helicopter 

control. 

DATES: This AD is effective October 20, 

2016. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain documents listed in this AD 

as of October 20, 2016. 

ADDRESSES: For service information 

identified in this final rule, 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/ 

technical-bulletins. You may review the 

referenced service information at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood 

Pkwy, Room 6N–321, Fort Worth, TX 

76177. It is also available on the Internet 

at http://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2015–3781. 

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– 

3781; 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, 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: 

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: 

Discussion 

On March 22, 2016, at 81 FR 15171, 

the Federal Register published our 

notice of proposed rulemaking (NPRM), 

which proposed to amend 14 CFR part 

39 by adding an AD that would apply 

to Agusta S.p.A. Model A109A, A109A 

II, A109C, A109E, A109K2, A109S, and 

AW109SP helicopters with a drive shaft 

part number (P/N) 109–8412–02–1 or 

109–8412–02–3 installed. The NPRM 

proposed to require visually inspecting 

the drive shaft for a crack. The proposed 

requirements were intended to detect a 

crack on the drive shaft to prevent 

failure of the driveshaft, failure of the 

tail rotor, and subsequent loss of 

helicopter control. 

The NPRM was prompted by AD No. 

2015–0054, dated March 27, 2015, 

issued by EASA, which is the Technical 

Agent for the Member States of the 

European Union, to correct an unsafe 

condition for the Model A109A with 

retrofit kit P/N 109–0820–27–101 

installed, and Model A109A II, A109C, 

A109E, A109K2, A109LUH, A109S, and 

AW109SP helicopters. 

EASA advises that during scheduled 

maintenance on a Model A109S 

helicopter, three cracks were found on 

the drive shaft. An investigation could 

not determine the cause of the cracking 

but concluded it could not have been 

caused by fatigue. This condition, if not 

detected and corrected, could lead to 

tail rotor failure, possibly resulting in 

loss of helicopter control, EASA 

advises. EASA AD No. 2015–0054 

consequently requires a one-time 

inspection of the drive shaft, and 

replacing the drive shaft if cracks are 

found. 

Comments 

We gave the public the opportunity to 

participate in developing this AD, but 

we received no comments on the NPRM 

(81 FR 15171, March 22, 2016). 

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 and that air 

safety and the public interest require 

adopting the AD requirements as 

proposed. 

Interim Action 

We consider this AD to be an interim 

action. The design approval holder has 

not determined the cause of the unsafe 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Rules and Regulations 63375 

condition identified in this AD. If a 

cause is determined and actions 

developed to address the cause, we 

might consider additional rulemaking. 

Differences Between This AD and the 

EASA AD 

The EASA AD applies to Agusta 

Model A109LUH helicopters. This AD 

does not because this model does not 

have an FAA type certificate. 

Related Service Information Under 1 

CFR Part 51 

We reviewed AgustaWestland 

Bollettino Tecnico (BT) No. 109–147 for 

Model A109A helicopters with retrofit 

kit P/N 109–0820–27–101 installed, 

Model A109A II, and Model A109C 

helicopters; BT No. 109EP–143 for 

Model A109E helicopters; BT No. 109K– 

68 for Model A109K2 helicopters; BT 

No. 109S–067 for Model A109S 

helicopters; and BT No. 109SP–094 for 

Model AW109SP helicopters. All of the 

BTs are dated March 25, 2015. 

AgustaWestland reports that during a 

scheduled servicing of an A109S 

helicopter, three cracks were found on 

drive shaft, P/N 109–8412–02–1. The 

BTs prescribe a one-time drive shaft 

inspection for cracks. 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section. 

Costs of Compliance 

We estimate that this AD affects 142 

helicopters of U.S. Registry and that 

labor costs average $85 per work-hour. 

Based on these estimates, we expect the 

following costs: 

• Inspecting the drive shaft requires 9 

work-hours and no parts. The estimated 

cost is $765 per helicopter and $108,630 

for the U.S. fleet. 

• Replacing the drive shaft requires 

no additional labor hours. Parts cost 

$6,082 per helicopter. 

According to 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: 

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): 

2016–18–18 Agusta S.p.A.: Amendment 39– 

18649; Docket No. FAA–2015–3781; 

Directorate Identifier 2015–SW–048–AD. 

(a) Applicability 

This AD applies to Agusta S.p.A. Model 

A109A, A109A II, A109C, A109E, A109K2, 

A109S, and AW109SP helicopters with a tail 

rotor drive shaft assembly (drive shaft) part 

number 109–8412–02–1 or 109–8412–02–3 

installed, certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

crack in a drive shaft. This condition could 

result in failure of a drive shaft, failure of the 

tail rotor, and subsequent loss of helicopter 

control. 

(c) Effective Date 

This AD becomes October 20, 2016. 

(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: 

(1) Visually inspect each drive shaft in 

accordance with the Compliance 

Instructions, paragraph 4, of AgustaWestland 

Bollettino Tecnico (BT) No. 109–147, dated 

March 25, 2015; BT No. 109EP–143, dated 

March 25, 2015; BT No. 109K–68, dated 

March 25, 2015; BT No. 109S–067, dated 

March 25, 2015; or BT No. 109SP–094, dated 

March 25, 2015, as applicable for your model 

helicopter. 

(2) If there is a crack, replace the drive 

shaft 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 

The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2015–0054, dated March 27, 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– 

3781. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6510, Tail Rotor Drive Shaft. 


rmajette on DSK2TPTVN1PROD with RULES
63376 Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Rules and Regulations 

1 7 U.S.C. 1 et. seq. 

2See 7 U.S.C. 6s(e)(1)(B). SDs and MSPs for 

which there is a Prudential Regulator must meet the 

margin requirements for uncleared swaps 

established by the applicable Prudential Regulator. 

7 U.S.C. 6s(e)(1)(A). See also 7 U.S.C. 1a(39) 

(defining the term ‘‘Prudential Regulator’’ to 

include the Board of Governors of the Federal 

Reserve System; the Office of the Comptroller of the 

Currency; the Federal Deposit Insurance 

Corporation; the Farm Credit Administration; and 

the Federal Housing Finance Agency). The 

Prudential Regulators published final margin 

requirements in November 2015. See Margin and 

Capital Requirements for Covered Swap Entities, 80 

FR 74840 (Nov. 30, 2015) (‘‘Prudential Regulators’ 

Final Margin Rule’’). 

3See Margin Requirements for Uncleared Swaps 

for Swap Dealers and Major Swap Participants, 81 

FR 636 (Jan. 6, 2016). The Margin Rule, which 

became effective April 1, 2016, is codified in part 

23 of the Commission’s regulations. See 17 CFR 

23.150 through 23.159, and 23.161. The 

Commission’s regulations are found in chapter I of 

Title 17 of the Code of Federal Regulations, 17 CFR 

1 et. seq. 

4See Margin Requirements for Uncleared Swaps 

for Swap Dealers and Major Swap Participants— 

Cross-Border Application of the Margin 

Requirements, 81 FR 34818 (May 31, 2016). The 

Cross-Border Margin Rule, which became effective 

August 1, 2016, is codified in part 23 of the 

Commission’s regulations. See 17 CFR 23.160. 

5 In 2014, in conjunction with re-proposing its 

margin requirements, the Commission requested 

comment on three alternative approaches to the 

cross-border application of its margin requirements: 

(i) A transaction-level approach consistent with the 

Commission’s guidance on the cross-border 

application of the CEA’s swap provisions, see 

Interpretive Guidance and Policy Statement 

Regarding Compliance with Certain Swap 

Regulations, 78 FR 45292 (July 26, 2013) (the 

‘‘Guidance’’); (ii) an approach consistent with the 

Prudential Regulators’ proposed cross-border 

framework for margin, see Margin and Capital 

Requirements for Covered Swap Entities, 79 FR 

57348 (Sept. 24, 2014); and (iii) an entity-level 

approach that would apply margin rules on a firmwide basis (without any exclusion for swaps with 

non-U.S. counterparties). See Margin Requirements 

for Uncleared Swaps for Swap Dealers and Major 

Swap Participants, 79 FR 59898 (Oct. 3, 2014). 

Following a review of comments received in 

response to this release, the Commission’s Global 

Markets Advisory Committee (‘‘GMAC’’) hosted a 

public panel discussion on the cross-border 

application of margin requirements. See GMAC 

Meeting (May 14, 2015), transcript and webcast 

available at http://www.cftc.gov/PressRoom/Events/ 

opaevent_gmac051415. 

(i) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 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) AgustaWestland Bollettino Tecnico No. 

109–147, dated March 25, 2015. 

(ii) AgustaWestland Bollettino Tecnico No. 

109EP–143, dated March 25, 2015. 

(iii) AgustaWestland Bollettino Tecnico 

No. 109K–68, dated March 25, 2015. 

(iv) AgustaWestland Bollettino Tecnico No. 

109S–067, dated March 25, 2015. 

(v) AgustaWestland Bollettino TecnicoNo. 

109SP–094, dated March 25, 2015. 

(3) For Agusta S.p.A. service information 

identified in this final rule, 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. 

(4) You may view this service information 

at FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood Pkwy, 

Room 6N–321, Fort Worth, TX 76177. 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 September 

1, 2016. 

Lance T. Gant, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2016–21707 Filed 9–14–16; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Chapter I 

Comparability Determination for 

Japan: Margin Requirements for 

Uncleared Swaps for Swap Dealers 

and Major Swap Participants 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of comparability 

determination for margin requirements 

for uncleared swaps under the laws of 

Japan. 

SUMMARY: The following is the analysis 

and determination of the Commodity 

Futures Trading Commission 

(‘‘Commission’’) regarding a request by 

the Japan Financial Services Agency 

(‘‘JFSA’’) that the Commission 

determine that laws and regulations 

applicable in Japan provide a sufficient 

basis for an affirmative finding of 

comparability with respect to margin 

requirements for uncleared swaps 

applicable to certain swap dealers 

(‘‘SDs’’) and major swap participants 

(‘‘MSPs’’) registered with the 

Commission. As discussed in detail 

herein, with one exception, the 

Commission has found the margin 

requirements for uncleared swaps under 

the laws and regulations of Japan 

comparable to those under the 

Commodity Exchange Act (‘‘CEA’’) and 

Commission regulations. 

DATES: This determination is effective 

September 15, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Eileen T. Flaherty, Director, 202–418– 

5326, eflaherty@cftc.gov, or Frank N. 

Fisanich, Chief Counsel, 202–418–5949, 

ffisanich@cftc.gov, Division of Swap 

Dealer and Intermediary Oversight, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW., Washington, DC 

20581. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Pursuant to section 4s(e) of the CEA,1

the Commission is required to 

promulgate margin requirements for 

uncleared swaps applicable to each SD 

and MSP for which there is no 

Prudential Regulator (collectively, 

‘‘Covered Swap Entities’’ or ‘‘CSEs’’).2

The Commission published final margin 

requirements for such CSEs in January 

2016 (the ‘‘Final Margin Rule’’).3

Subsequently, on May 31, 2016, the 

Commission published in the Federal 

Register its final rule with respect to the 

cross-border application of the 

Commission’s margin requirements for 

uncleared swaps applicable to CSEs 

(hereinafter, the ‘‘Cross-Border Margin 

Rule’’).4 The Cross-Border Margin Rule 

sets out the circumstances under which 

a CSE is allowed to satisfy the 

requirements under the Margin Rule by 

complying with comparable foreign 

margin requirements (‘‘substituted 

compliance’’); offers certain CSEs a 

limited exclusion from the 

Commission’s margin requirements; and 

outlined a framework for assessing 

whether a foreign jurisdiction’s margin 

requirements are comparable to the 

Final Margin Rule (‘‘comparability 

determinations’’). The Commission 

promulgated the Cross-Border Margin 

Rule after close consultation with the 

Prudential Regulators and in light of 

comments from and discussions with 

market participants and foreign 

regulators.5

On June 17, 2016, the JFSA (the 

‘‘applicant’’) submitted a request that 

the Commission determine that laws 

and regulations applicable in Japan 

provide a sufficient basis for an 

affirmative finding of comparability 

with respect to the Final Margin Rule. 

The applicant provided Commission 

staff with an updated submission on 

July 26, 2016. On August 18, 2016, the 

application was further supplemented 

with corrections and additional 

materials. The Commission’s analysis 

and comparability determination for 

Japan regarding the Final Margin Rule is 

detailed below. 


rmajette on DSK2TPTVN1PROD with RULES