30236 Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Proposed Rules 

semichannel assembly or those where the 

gasket is improperly seated, separate the 

lower semichannel from the upper 

semichannel, noting the orientation of each 

spacer and gasket. Modify the lower 

semichannel assembly by installing a fixing 

rivet on each side of the lower semichannel 

assembly, and reattaching the lower and 

upper semichannel assemblies in accordance 

with paragraphs 4.2 through 4.7 of the 

appropriate BT for your model helicopter. 

Paragraph 4.2 of the BT states ‘‘remove the 

fixing rivets’’; this AD changes that provision 

to ‘‘remove the screws, P/N MS27039–08– 

05.’’ 

(5) Inspect each main drive shaft for a nick, 

a scratch, or other damage in the 

semichannel area. If a nick, a scratch, or 

other damage is found that exceeds those 

allowable damage tolerances in the 

maintenance manual, replace the main drive 

shaft with an airworthy main drive shaft. 

(e) Alternative Methods of Compliance 

(AMOC) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Jim Grigg, 

Manager, Aircraft Certification, FAA, 

Rotorcraft Directorate, Safety Management 

Group, 2601 Meacham Blvd., Fort Worth, 

Texas 76137; telephone (817) 222–5126, fax 

(817) 222–5961; email: jim.grigg@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. 

(f) Additional Information 

(1) For service information identified in 

this 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 a copy of the 

service information at the FAA, Office of the 

Regional Counsel, Southwest Region, 2601 

Meacham Blvd., Room 663, Fort Worth, 

Texas 76137. 

(2) The subject of this AD is addressed in 

the European Aviation Safety Agency (EASA) 

AD 2007–0192–E, dated July 13, 2007. 

(g) Subject 

Joint Aircraft Service Component (JASC) 

Code: 7100, powerplant system. 

Issued in Fort Worth, Texas, on May 9, 

2012. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–12354 Filed 5–21–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0529; Directorate 

Identifier 2011–SW–050–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 certain 

Agusta S.p.A. (Agusta) Model AW139 

helicopters. This proposed AD is 

prompted by the discovery of improper 

installation of solder splices on the copilot audio system causing intermittent 

noise through the audio system during 

flight. The proposed actions are 

intended to prevent degradation and 

complete loss of communications 

between the pilot and co-pilot during 

flight, impairing the co-pilot’s capability 

to react immediately to operational 

difficulties, which could lead to 

subsequent loss of control of the 

helicopter. 

DATES: We must receive comments on 

this proposed AD by July 23, 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: John 

VanHoudt, Aerospace Engineer, FAA, 

Rotorcraft Directorate, Regulations and 

Policy Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137, telephone 

(817) 222–5167, email 

john.vanhoudt@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 European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued AD No.: 2011–0140, 

dated July 20, 2011 (2011–0140), to 

correct an unsafe condition for certain 

Agusta AW139 helicopters. EASA 

advises that some occurrences of 

intermittent noise in the co-pilot audio 

system have been reported. The 

technical investigation carried out by 

Agusta showed that some of the solder 

splices on the audio panel were the 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Proposed Rules 30237 

possible cause of these malfunctions. 

This condition, if not detected and 

corrected, could impair the co-pilot’s 

capability to react immediately to 

operational difficulties. The EASA AD 

requires inspecting the solder splices 

and related wires for their condition and 

for proper installation, and if required, 

replacing the solder splices. 

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, their 

technical representative, has notified us 

of the unsafe condition described in its 

AD. We are proposing this AD because 

we evaluated all information provided 

by EASA and determined that an unsafe 

condition is likely to exist or develop on 

other helicopters of the same type 

design. 

Related Service Information 

Agusta has issued Bollettino Tecnico 

(BT) No. 139–249, dated July 13, 2011 

(BT 139–249), which specifies 

performing an inspection and manual 

pull-test of the solder splices and 

replacing any splices which fail the 

inspection or pull-test. EASA classified 

this BT as mandatory and issued 2011– 

0140 to ensure the continued 

airworthiness of these helicopters. 

Proposed AD Requirements 

This proposed AD would require, 

within 500 hours time-in-service (TIS) 

or 5 months or when an ‘‘AVIONICS 

FAULT’’ crew alerting system (CAS) 

message is displayed, whichever occurs 

first, replacing all solder splices 

identified in BT 139–249. The actions 

would be required to be accomplished 

by following specified portions of the 

service bulletin described previously. 

Differences Between This Proposed AD 

and the EASA AD 

The EASA AD requires performing a 

visual inspection and manual pull-test 

of the solder splices, while this 

proposed AD does not. The EASA AD 

requires compliance within 600 flight 

hours or 6 months, while this proposed 

AD would require compliance within 

500 hours TIS or 5 months. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 32 helicopters of U.S. 

Registry. We estimate that operators 

may incur the following costs in order 

to comply with this AD. Replacing the 

solder splices will require 

approximately 110 work-hours at an 

average labor cost of $85 per hour and 

required parts will cost $200, for a total 

cost per helicopter of $9,550 and a total 

cost to the U.S. operator fleet of 

$305,600. 

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. Helicopters: Docket No. FAA– 

2012–0529; Directorate Identifier 2011– 

SW–050–AD. 

(a) Applicability 

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

AW139 helicopters, serial numbers 31248, 

31249, 41001 through 41023, 41201 through 

41234, 41236, 41237 through 41255 (except 

41240, 41242, 41246, 41249, 41251, and 

41252), and 41257, certificated in any 

category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

intermittent noise through the audio system 

during flight caused by improper installation 

of solder splices on the co-pilot’s audio 

panel. This condition could result in 

degradation and complete loss of 

communications between the pilot and copilot during flight, impairing the co-pilot’s 

capability to react immediately to operational 

difficulties, which could lead to 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 Action 

Within 500 hours time-in-service or 5 

months, or in the event of an AVIONICS 

FAULT crew alerting system (CAS) message, 

whichever occurs first, replace the co-pilot 

audio panel solder splices, listed in Tables 1 

and 2 of Agusta Bollettino Tecnico No. 139– 

249, dated July 13, 2011 (ABT), in 

accordance with paragraphs 7.1 through 7.11. 

and Figures 12, 14, and 15 of the ABT. 

(e) Alternative Methods of Compliance 

(AMOC) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: John VanHoudt, 

Aerospace Engineer, FAA, Rotorcraft 

Directorate, Regulations and Policy Group, 

2601 Meacham Blvd., Fort Worth, Texas 

76137, telephone (817) 222–5167, email 

john.vanhoudt@faa.gov. 

(2) For operations conducted under 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. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
30238 Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Proposed Rules 

(f) Additional Information 

The subject of this AD is addressed in 

European Aviation Safety Agency (Italy) AD 

No.: 2011–0140, dated July 20, 2011. 

(g) Subject 

Joint Aircraft System Component (JASC) 

Code: 2397: Communications System Wiring. 

Issued in Fort Worth, Texas, on May 10, 

2012. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–12401 Filed 5–21–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 91, 119, 120, 121, 135, 

and 136 

[Docket No. FAA–2012–0374 ] 

Living History Flight Experience 

(LHFE)—Exemptions for Passenger 

Carrying Operations Conducted for 

Compensation and Hire in Other Than 

Standard Category Aircraft 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of public meeting. 

SUMMARY: The FAA is announcing 

public meetings to gather additional 

technical input on the subject of 

exemptions relating to the LHFE. Input 

gathered will aid in developing future 

FAA guidance for evaluating LHFE 

petitions for exemption. Prior to the 

public meetings, the FAA is seeking 

public comment on the guidance. 

DATES: The public meetings will be held 

on June 26, 27, and 28, 2012, from 

8:00 a.m. until 4:30 p.m. Note that the 

meetings may be adjourned early if 

scheduled speakers complete their 

presentations early. The deadline to 

submit a request to make an oral 

statement is June 18, 2012. The written 

comment period will close on June 18, 

2012. 

ADDRESSES: The public meetings will be 

held in the FAA Headquarters building 

auditorium on the third floor, 800 

Independence Ave. SW., Washington, 

DC 20591. Due to limited space, 

attendees are required to please reply 

(RSVP) to 9-AFS-LHFE@faa.gov. Seating 

will be on a first-come-first-serve basis. 

If computer access is not possible, 

please RSVP via mail, fax or hand 

delivery via the methods listed directly 

below: 

• Mail or Hand Delivery: RSVP to 

Flight Standards Service, General 

Aviation and Commercial Division, 

AFS–800, ATTN: LHFE (RSVP), 800 

Independence Ave. SW., Washington, 

DC 20591. 

• Fax: RSVP to AFS–800, Attn: LHFE 

(RSVP) at 202–385–9597. 

Written comments (identified by 

docket number FAA–2012–0374) may 

be submitted using any of the following 

methods: 

Æ Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending comments 

electronically. 

Æ Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

Æ Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Æ Hand Delivery: 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. 

Written comments to the docket will 

receive the same consideration as 

statements made at the public meeting. 

For more information on the rulemaking 

process, see the SUPPLEMENTARY

INFORMATION section of this document. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov, including 

any personal information provided by 

the commenter. Using the search 

function of the FAA’s docket Web site, 

anyone can find and read the comments 

received into any of the agency’s 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement may be 

reviewed in the Federal Register 

published on April 11, 2000 (65 FR 

19477–19478) or at http:// 

DocketsInfo.dot.gov. 

Docket: Background documents or 

comments received may be read at 

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

or in 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: 

Requests to present a statement at the 

public meetings and questions regarding 

the logistics of the meetings should be 

directed to Ms. Keira Jones, Office of 

Rulemaking (ARM–101), Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–4025, facsimile (202) 267–5075. 

Technical questions should be 

directed to the General Aviation and 

Commercial Division, AFS–800, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

385–9600, facsimile (202) 385–9597; 

email 9-AFS-LHFE@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA has historically found an 

overwhelming public interest in 

preserving United States (U.S.) aviation 

history, including former military 

aircraft transferred to private 

individuals or organizations for the 

purpose of restoring and flying these 

aircraft. The FAA has further 

determined that, with appropriate 

conditions and limitations imposed for 

public safety purposes, access to these 

aircraft can include allowing the public 

to experience flight. Because the 

regulations (14 CFR) do not otherwise 

allow such operations, the FAA 

established through its mid-1990s 

Living History Flight Experience (LHFE) 

policy that exemptions are an 

appropriate way to preserve aviation 

history and keep historic airplanes 

operational when comparable airplanes 

manufactured under a standard 

airworthiness certificate do not exist. 

The LHFE policy provided a way for the 

private owner/operators of historically 

significant, American-manufactured 

large, crew-served, piston-powered, 

multi-engine, World War II bomber 

aircraft to conduct limited passenger 

carrying flights, for compensation, as a 

way to generate funds needed to 

maintain and preserve these historically 

significant aircraft for future 

generations. 

Because this policy generated a 

number of petitions for exemption, the 

FAA affirmed that the regulatory 

scheme adopted in 14 CFR establishes 

appropriate safety standards for aircraft 

operators and crewmembers. Those 

requesting an exemption from a 

particular standard or set of standards 

must demonstrate that: (1) The flight 

cannot be performed in full compliance 

with regulations, (2) there is an 

overriding public interest in conducting 

passenger flights on the aircraft, and (3) 

the measures to be taken establish an 

appropriate level of safety for the flight. 

Because of this, the FAA limited the 

scope of its nostalgia flight exemption to 

World War II (WWII) or earlier vintage 

airplanes (i.e., manufactured before 

December 31, 1947). The reasoning 

behind this limitation addressed both 

public interest (e.g., the unique 

opportunity to experience flight in a B– 


srobinson on DSK4SPTVN1PROD with PROPOSALS