Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations 6751 

poultry or eggs has entered into a 

contract for the growing or care of the 

poultry or eggs. The indemnity the 

Administrator may pay to such a party 

or parties shall be determined as by the 

following method: 

(1) Divide the value in dollars of the 

contract the owner entered into with the 

contractor by the duration in days of the 

contract as it was signed prior to the 

highly pathogenic avian influenza 

outbreak; 

(2) Multiply this figure by the time in 

days between the date the contractor 

began to provide services relating to the 

destroyed poultry or eggs under the 

contract and the date the poultry or eggs 

were destroyed due to highly 

pathogenic avian influenza. 

(b) If a contractor receiving indemnity 

under this section has received any 

payment under his or her contract from 

the owner of the poultry or eggs at the 

time the poultry or eggs are destroyed, 

the amount of indemnity for which the 

contractor is eligible will be reduced by 

the amount of the payment the 

contractor has already received. 

(c) If indemnity is paid to a contractor 

under this section, the owner of the 

poultry or eggs will be eligible to receive 

the difference between the indemnity 

paid to the contractors and the total 

amount of indemnity that may be paid 

for the poultry or eggs. 

(d) In the event that determination of 

indemnity due a contractor using the 

method described in paragraph (a) of 

this section is determined to be 

impractical or inappropriate, APHIS 

may use any other method that the 

Administrator deems appropriate to 

make that determination. 

Done in Washington, DC, this 3rd day of 

February 2016. 

Gary Woodward, 

Deputy Under Secretary for Marketing and 

Regulatory Programs. 

[FR Doc. 2016–02530 Filed 2–8–16; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2016–2843; Directorate 

Identifier 2015–SW–003–AD; Amendment 

39–18392; AD 2016–03–05] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Helicopters Deutschland GmbH 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are superseding 

airworthiness directive (AD) 2014–13– 

01 for Airbus Helicopters Deutschland 

GmbH (Airbus Helicopters) Model 

MBB–BK 117 C–2 helicopters with a 

certain Goodrich rescue hoist damper 

unit (damper unit) installed. AD 2014– 

13–01 required repairing or replacing 

the damper unit or deactivating the 

rescue hoist. AD 2014–13–01 was 

prompted by a report of an 

uncommanded detachment of a damper 

unit from the cable. This new AD 

retains the optional requirement of 

deactivating the rescue hoist, expands 

the applicability, and requires either 

replacing or modifying the damper unit 

with a newly developed single-piece 

retainer. These actions are intended to 

prevent the hoist damper unit detaching 

from the cable resulting in loss of an 

external load or person from the 

helicopter hoist and injury to persons 

being lifted by the hoist. 

DATES: This AD becomes effective 

February 24, 2016. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain documents listed in this AD 

as of February 24, 2016. 

We must receive comments on this 

AD by April 11, 2016. 

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 by searching for 

and locating Docket No. FAA–2016– 

2843; 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 (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 final rule, contact Airbus 

Helicopters, 2701 N. Forum Drive, 

Grand Prairie, TX 75052; telephone 

(972) 641–0000 or (800) 232–0323; fax 

(972) 641–3775; or at http://www.airbus

helicopters.com/techpub. 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. 

FOR FURTHER INFORMATION CONTACT: 

David N. Hatfield, Aviation Safety 

Engineer, Safety Management Group, 

Rotorcraft Directorate, FAA, 10101 

Hillwood Pkwy., Fort Worth, TX 76177; 

telephone (817) 222–5110; email 

david.hatfield@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 

mstockstill on DSK4VPTVN1PROD with RULES

6752 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations 

receive and may conduct additional 

rulemaking based on those comments. 

Discussion 

On June 13, 2014, we issued AD 

2014–13–01, Amendment 39–17875 (79 

FR 36635, June 30, 2014), to correct an 

unsafe condition for Airbus Helicopters 

Model MBB–BK 117 C–2 helicopters 

with certain part-numbered damper 

units installed. AD 2014–13–01 required 

either repairing the damper unit, 

replacing the damper unit with a 

repaired damper unit, or deactivating 

the rescue hoist system. 

AD 2014–13–01 was prompted by AD 

No. 2014–0057, dated March 6, 2014, 

and corrected March 7, 2014, issued by 

EASA, which is the Technical Agent for 

the Member States of the European 

Union. EASA advised that a damper 

unit detached from the cable when the 

hoist damper was lifted by hand with no 

load attached. According to EASA, the 

retaining ring inside the damper unit 

was not located in the proper position 

because of a maintenance error or as a 

result of interference with the bonding 

strap unit during normal use. To 

address this unsafe condition, EASA AD 

No. 2014–0057 required modifying the 

bonding strap unit installation with an 

improved retaining ring and postmodification repetitive inspection. 

Actions Since AD 2014–13–01 Was 

Issued 

Since we issued AD 2014–13–01, a 

damper unit with the improved 

retaining ring detached from its strap. 

Additionally, this damper unit was 

approved for installation on Airbus 

Helicopters Model MBB–BK 117 D–2 

helicopters. EASA issued Emergency 

AD No. 2015–0019–E, dated February 5, 

2015, which superseded EASA AD No. 

2014–0057, to add Model MBB–BK117 

D–2 helicopters to the applicability. 

Airbus subsequently introduced a new 

single-piece retainer part number (P/N) 

B851M2060201 to strengthen the 

interconnection of the damper unit and 

attached cable. 

EASA has revised Emergency AD No. 

2015–0019–E by issuing EASA AD No. 

2015–0019R1, dated February 13, 2015, 

for Model MBB–BK117 C–2 and MBB– 

BK117 D–2 helicopters with a Goodrich 

external mounted hoist. EASA AD No. 

2015–0019R1 introduces installation of 

single-piece retainer P/N 

B851M2060201 as an option for 

compliance and allows installation of 

damper units provided if equipped with 

the new single-piece retainer. 

FAA’s Determination 

These helicopters have been approved 

by the aviation authority of Germany 

and are approved for operation in the 

United States. Pursuant to our bilateral 

agreement with Germany, 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. 

Related Service Information Under 1 

CFR Part 51 

We reviewed Airbus Helicopters 

Emergency Alert Service Bulletin (ASB) 

No. ASB MBB–BK117 C–2–85A–041, 

Revision 4, dated February 12, 2015, for 

Model MBB–BK 117 C–2 helicopters 

and Emergency ASB No. ASB MBB– 

BK117 D–2–85A–002, Revision 1, dated 

February 12, 2015, for Model MBB–BK 

117 D–2 helicopters. These Emergency 

ASBs specify replacing the split 

retainers with a single-piece retainer 

and re-identifying the damper housing. 

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. 

AD Requirements 

This AD requires, before the next 

hoist operation, either replacing the 

damper unit with a unit that has been 

repaired in accordance with the service 

information, deactivating the rescue 

hoist, or replacing each split retainer 

with a single-piece retainer and marking 

the damper housing in accordance with 

the service information. 

Costs of Compliance 

We estimate that this AD affects 137 

helicopters of U.S. Registry. We estimate 

that operators may incur the following 

costs in order to comply with this AD. 

Labor costs are estimated at $85 per 

work-hour. We estimate it takes 1 workhour to replace a damper unit and 

$8,715 for the required parts for a total 

cost of $8,800 per helicopter. We 

estimate it takes 0.5 work-hour to 

deactivate a rescue hoist for a total cost 

of $43 per helicopter. We estimate it 

takes 2 work-hours to replace the split 

retainer with a single-piece retainer and 

$171 for the required parts for a total 

cost of $341 per helicopter. 

FAA’s Justification and Determination 

of the Effective Date 

Providing an opportunity for public 

comments prior to adopting these AD 

requirements would delay 

implementing the safety actions needed 

to correct this known unsafe condition. 

Therefore, we find that the risk to the 

flying public justifies waiving notice 

and comment prior to the adoption of 

this rule because the required corrective 

actions must be completed before the 

next hoist operation. 

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 impracticable and 

contrary to the public interest 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; 

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. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations 6753 

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 

removing Airworthiness Directive (AD) 

2014–13–01, Amendment 39–17875 (79 

FR 36635, June 30, 2014), and adding 

the following new AD: 

2016–03–05 Airbus Helicopters 

Deutschland GmbH: Amendment 39– 

18392; Docket No. FAA–2016–2843; 

Directorate Identifier 2015–SW–003–AD. 

(a) Applicability 

This AD applies to Model MBB–BK 117 C– 

2 and MBB–BK 117 D–2 helicopters with a 

Goodrich hoist damper unit, part number (P/ 

N) 44307–480, 44307–480–1, or 44307–480– 

2 installed, certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

uncommanded detachment of the external 

hoist damper unit, which could result in loss 

of an external load or person from the 

helicopter hoist, resulting in injury to 

persons being lifted by the hoist. 

(c) Affected ADs 

This AD supersedes AD 2014–13–01, 

Amendment 39–17875 (79 FR 36635, June 

30, 2014). 

(d) Effective Date 

This AD becomes effective February 24, 

2016. 

(e) 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. 

(f) Required Actions 

Before the next hoist operation, comply 

with paragraph (f)(1), (f)(2), or (f)(3) of this 

AD: 

(1) Replace the split retainers and reidentify each hoist damper unit in 

accordance with the Accomplishment 

Instructions, paragraph 3.B.1, of Airbus 

Helicopters Emergency Alert Service Bulletin 

(ASB) No. ASB MBB–BK117 C–2–85A–041, 

Revision 4, dated February 12, 2015, or 

Emergency ASB No. ASB MBB–BK117 D–2– 

85A–002, Revision 1, dated February 12, 

2015, as applicable to your model helicopter; 

or 

(2) Replace each hoist damper unit with a 

unit that has been repaired as required by 

paragraph (f)(1) of this AD; or 

(3) Deactivate the rescue hoist system. 

(g) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: David N. 

Hatfield, Aviation Safety Engineer, Safety 

Management Group, Rotorcraft Directorate, 

FAA, 10101 Hillwood Pkwy, Fort Worth, TX 

76177; telephone (817) 222–5110; email 9- 

ASW-FTW-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. 

(h) Additional Information 

The subject of this AD is addressed in 

European Aviation Safety Agency (EASA) AD 

No. 2015–0019R1, dated February 13, 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–2016– 

2843. 

(i) Subject 

Joint Aircraft Service Component (JASC) 

Code: 2500, Cabin Equipment/Furnishings. 

(j) 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) Airbus Helicopters Emergency Alert 

Service Bulletin (ASB) No. ASB MBB–BK117 

C–2–85A–041, Revision 4, dated February 12, 

2015. 

(ii) Airbus Helicopters Emergency ASB No. 

ASB MBB–BK117 D–2–85A–002, Revision 1, 

dated February 12, 2015. 

(3) For Airbus Helicopters service 

information identified in this final rule, 

contact Airbus Helicopters, 2701 N. Forum 

Drive, Grand Prairie, TX 75052; telephone 

(972) 641–0000 or (800) 232–0323; fax (972) 

641–3775; or at http://www.airbus

helicopters.com/techpub. 

(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 January 29, 

2016. 

Lance T. Gant, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2016–02233 Filed 2–8–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–3805; Directorate 

Identifier 2015–NE–28–AD; Amendment 39– 

18389; AD 2016–03–02] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

S.A. Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Turbomeca S.A. ARRIEL 2C, 2C1, 2C2, 

2S1, and 2S2 turboshaft engines with 

modification TU34 or TU34A installed. 

This AD requires inspecting the torque 

conformation box (TCB) for correct 

resistance values and removing TCBs 

that fail inspection before further flight. 

This AD was prompted by TCB failures. 

We are issuing this AD to prevent 

failure of the TCB, loss of engine thrust 

control, and damage to the helicopter. 

DATES: This AD becomes effective 

March 15, 2016. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of March 15, 2016. 

ADDRESSES: For service information 

identified in this AD, contact 

Turbomeca S.A., 40220 Tarnos, France; 

phone: 33 (0)5 59 74 40 00; fax: 33 (0)5 

59 74 45 15. You may view this service 

information at the FAA, Engine & 

Propeller Directorate, 1200 District 

Avenue, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 

It is also available on the Internet at 

http://www.regulations.gov by searching 

for and locating Docket No. FAA–2015– 

3805. 

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– 

3805, or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

mstockstill on DSK4VPTVN1PROD with RULES